1.

) Legal (Pro) – “Bound for Amendments (The Family Code of the Philippines)”

The Family Code of the Philippines was enacted into law in the year 1987 by then President
Corazon Aquino. The Code intended to supersede Book I of the Civil Code of the Philippines concerning
Persons and Family Relations. The Civil Code needed amendment via the Family Code so as to alter
certain provisions derived from foreign sources and make it suitable to the Filipino culture.

The Family Code covers fields of significant public interest, among those are the laws on marriage.
The definition and integral requisites for marriage, along with the corresponding right and obligations
of the parties to the marriage, are found in the Family Code. Generally, the Code was enacted
primarily to amend the various antiquated provisions of our Civil Code, introducing for that matter
new laws on marriage and family relations, among others, which are more in conformity with
contemporary developments and trends during those times.

Over the years, the Family Code has been subject to several amendments to harmonize its
provisions with the evolution of the country’s culture. For instance, there is the Republic Act 6809,
otherwise known as “An Act Lowering The Age Of Majority From Twenty-One To Eighteen Years”,
which amends Articles 234 and 236 of the Family Code and repeals Articles 235 and 237 of the same
Code. Another example is Republic Act 9858, also known as “An Act Providing For The Legitimation Of
Children Born To Parents Below Marrying Age”, which amends Articles 177 and 178 of the Family
Code. However, despite its introduction of more progressive provisions, it is becoming outdated.
When laws become outdated, the laws end up actually hindering happiness, health and productivity.

With the advent of social awareness, people, not only from the Philippines but also from all over
the world, have become open to their supposed true sexual orientations and identities. Presently,
there are social movements that advocate for the equalised acceptance of lesbian, gay, bisexual, and
transgender people. The Lesbian, Gay, Bisexual, and Transgender (LGBT) movement has been very
active in the new millennium. These movements are calling on the Philippines to recognize the voices
of people of diverse sexual orientations and gender identities. In spite of that fact, there is yet no law
providing for the recognition of same-sex couples and, most especially, same-sex marriages. Although
currently, there have been laws that were passed, which prohibit discrimination on the basis of sexual
orientation and gender identity. Still, laws conferring rights to the members of the LGBT community
are still lacking.

Evidently, some rethinking and amending of the law is definitely in order. It is only a matter of
time before Philippine laws become outdated and inadequate. Therefore, it is certain that the
Legislative branch of the Government will definitely amend the current laws, which hopefully would
also include laws in favor of the LGBT community. This move would definitely embrace modernization
as this is prevalent situation in the Philippines. People in the LGBT community are rapidly becoming
influential. It is only fitting for the Government to grant them rights and start treating them as equals.

 https://en.m.wikipedia.org/wiki/Civil_Code_of_the_Philippines
 http://pcw.gov.ph/law/republic-act-6809
 https://psa.gov.ph/civilregistration/civil-registration-laws/republic-act-no-9858

Legal (Con) – “Ruling of the Case of Silverio vs Republic of the Philippines”

Still on the subject of amending the laws, it is clear that there are also challenges that will
possibly ensue if the amendments are in favor of same-sex marriage. Frankly, depicting same-sex
marriage without prejudice to sexual orientation or preferences, or without harming the widely
established definition of traditional marriage, would be difficult if not impossible. Admittedly,
amending the laws to favor same-same sex marriage for the LGBT would entail a major and
substantial change in the framework of the Philippine laws. Basically, the Legislative would have
to amend every existing law to coincide with the laws they have added. The Supreme Court had
even held in the case of Silverio vs. Republic of the Philippines, “To grant the changes sought by
petitioner will substantially reconfigure and greatly alter the laws on marriage and family
relations.”

Throughout the Philippine History, there has not been any issues regarding the definition
of marriage. It has been and continues to be clear, authoritative, and generally accepted as
morally upright between a man and a woman. In the Philippine legal system, marriage is clearly
defined to be between two opposite genders and there has been no debate or opposition to this
until the advent of the liberal awakening that people began to distort the traditional meaning of
marriage by their personal desires. Departing from the traditional definition of marriage now
would most likely result in confusion of the legal definitions that may lead to a collapse or
reconstruction of legal provisions or even the Constitution. This would be a matter that is
positively better precluded than encouraged.

Moreover, bills protecting the LGBT community, which include the legalization of same-
sex marriage, are not among those which the Legislative prioritizes. Several years earlier, a bill
legalizing same-sex marriage was filed by former Representative Etta Rosales, but it never
progressed from the first reading. A similar action was sponsored by Senator Risa Hontiveros but
it only also reached as far as the first reading. Additionally, the Philippines is currently bombarded
with problems involving Government malpractices, criminality, and infrastructural blunders.
Clearly, government officials have a lot on their plate right now and there are a great number of
issues at hand that are more urgent and require more immediate attention than the present issue
in this case.

 http://www.lawphil.net/judjuris/juri2007/oct2007/gr_174689_2007.html
 http://www.accralaw.com/publications/same-sex-marriage-and-its-legal-hindrance-
philippines-0

2.) Moral (Pro) – “Norms in the Philippines Have Changed…”

In 2013, a Pew Research Center poll showed that 73% of adult Filipinos agreed with the
statement that “homosexuality should be accepted by society,” up by nine percentage points
from 64% n 2002. Pew Research Center is a nonpartisan American think tank. It provides
information on social issues, public opinion, and demographic trends shaping the United States
and the world. It conducts public opinion polling, demographic research, media content analysis,
and other empirical social science research.

Furthermore, in 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness
Index (GHI). LGBT community from over 127 countries were asked about how they feel about
society’s view on homosexuality, how do they experience the way they are treated by other
people and how satisfied are they with their lives. In this global survey, the Philippines ranked 41st
with a GHI score of 50. These global surveys are but just a few of the many surveys showing how
Filipinos are slowly coming to terms with homosexuality. Thus, one might say that in a few years
or so, Filipinos might even be open to same-sex marriage already with this kind of open-
mindedness.

Some of the main reason for the high percentage of LGBT acceptance in the Philippines are
due to the Filipinos respect to gender-shifting and non-based gender roles, and the current public
mediums (televisions, writings, radios, and social media) that have set a spotlight on the sufferings
of countless LGBT Filipinos in their own country. In the advent of the 2000s, more LGBT
organizations were created to serve particular needs such as sexual health (particularly HIV),
psychosocial support, representation in sports events, religious and spiritual needs, and political
representation. In the present time, LGBT people have become more organized and visible, both
politically and socially. There is a vibrant gay scene in the Philippines with several bars, clubs and
saunas particularly in Manila as well as various gay organizations.

Long gone are the days when homosexuality was treated as taboo and people who are part
of the LGBT community are discriminated. For in the recent years, lawmakers and school
administrators in the Philippines have recognized that bullying of LGBT youth is a serious problem,
and designed interventions to address it. In 2016, Department of Social Welfare and Development
(DSWD) under Secretary Judy Taguiwalo enforced a policy where students are allowed to use
uniform that match their gender identities, effectively accepting student who dress themselves
like the opposite gender.

 http://www.pewglobal.org/2013/06/04/the-global-divide-on-homosexuality/
 https://www.planetromeo.com/en/care/gay-happiness-index/
 https://www.hrw.org/report/2017/06/21/just-let-us-be/discrimination-against-lgbt-
students-philippines

Moral (Con) – “Philippines Is Traditionally A Religious Country”

Although the Philippines might have indeed started to accept homosexuality, it does not
altogether guarantee that Filipinos would accept same-sex marriage with the same enthusiasm.
The Philippines still remains as a predominantly Catholic country and as far as the Archbishops or
the high-ranking Clergies of the Roman Catholic Church and other religious leaders have a hold of
influence in the society. Filipino people are conservative democrats mainly due to their religious
heritage and the principles that they embrace Christianity. The Philippines is known as Asia’s
bastion of Roman Catholicism and this heavily explains the church’s political influence over more
than 80% of the population who are its members.

Further, Social Weather Stations (SWS) surveys may show numerous constructive
responses on same sex marriage but this does not mean that it reflects the collective thought of
the people who will consider making a law favoring it. Approval of marriage between persons of
the same sex will only encourage more homosexual activities and promote their lifestyle in the
community that one day those which are deemed forbidden maybe permitted in the society. Legal
recognition of the domestic relationship of the same sex is an obscure mandate tantamount to
degrading our basic moral values and the sacredness of marriage which should otherwise require
serious consideration and paramount importance.

Homosexuality has been an issue for as long as we can remember, we have heard of it in
biblical histories and other literature, mostly condemned as unnatural, immoral, or evil. We have
heard of Sodom and Gomorrah, the place consumed and destroyed by God with fire because of
gay promiscuity that was described as wicked. Still, in modern society, acts of sodomy is being
criminalized, at least in some countries in addition to that we also have in the book of Leviticus a
list of some prohibited forms of intercourse, which states “You shall not lie with a male as with a
woman; it is an abomination.” and “If a man lies with a male as with a woman, both of them have
committed an abomination; they shall surely be put to death; their blood is upon them”.. In a way,
the LGBT community and their proponents view such act as accepted and regarded as normal way
of expressing intimate feelings usually associated with “love”, but conservatives and religious
persons perceived it as unnatural and immoral, moreover, void of religious sanction.

Now, indeed, there is what we call the separation between the Church and the Sate.The
Church has no control over public opinion, as proven by the continuing popularity of the
Reproductive Health Bill despite the Catholic Bishops Conference of the Philippines’ opposition to
it and by the failure of the Catholic Church to mobilize the so-called “Catholic Vote”. Further, what
we perceive to be the Church’s political influence in fact indicates a fundamental weakness in our
political institutions, a democratic flaw that makes our system beholden to interest groups like
the Catholic taliban. The Church is powerful; whereas, the state is weak. Legal recognition of
same-sex partnership, whether through marriage or civil unions, would not happen by engaging
or reforming the Catholic hierarchy. It is after all the business of the Church hierarchy to be
dogmatic, and we should just let it collapse under the weight of it internal contradictions. For as
long as the Philippines remains a predominantly Catholic country, legalization of same-sex
marriage cannot be expected in the near future.

 http://www.accralaw.com/publications/same-sex-marriage-and-its-legal-
hindrance-philippines-0
 Sodom and Gomorrah, Genesis 19:4-5
 https://www.rappler.com/thought-leaders/5223-same-sex-marriage-in-the-
philippines
 https://en.m.wikipedia.org/wiki/The_Bible_and_homosexuality
