Republic of the Philippines

HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS

Third Regular Session

HOUSE BILL NO. 001234

Introduced by

REPRESENTATIVES MA. CARIZA L. ALMORADIE, MA. FLORENCE FUERTE,

DOREEN YSABELLE E. GARCIA, and ALEXANDER B. LAYOS II

AN ACT LEGALIZING SAME SEX MARRIAGES IN THE

PHILIPPINES, AND PROVIDING FOR THEIR RIGHTS AND
OBLIGATIONS

EXPLANATORY NOTE

Section 1, Article III of the 1987 Constitution

provides:

“No person shall be deprived of life, liberty or

property without due process of law, nor shall
any person be denied the equal protection of
the laws”

There have been numerous calls to allow persons of same sex to legally
contract their marriage here in the Philippines, considering that many
personalities including showbiz entertainers go abroad to have their marriage
solemnized, only not to be recognized here in the Philippines. The lack of
protection on their most basic civil rights and non-recognition by their marriage
under our laws cause call for the passage of this law, in consonance with our
constitutional provisions on equal protection. The time where the Philippines is
considered as a purely conservative nation has already passed by, as the changes
that surface in the course of times, liberated our orientations and culture; hence,
the need to adapt to the present times, in order that no one will be left out, and
that all the rights and desires of the people, especially the Filipinos, are well noted
and taken care of.
 A large part of our population is composed of Lesbian, Gay, Bisexual,
Transgnder, Queer, Intersex (LGBTQI), and it cannot be denied that there is now
a greater acceptance of their group in the Philippines. Their roles in our
community in various sectors have been widely recognized, and in the course of
times, our laws aspire to protect them in any form of discrimination in any way
possible; however, despite the government’s frantic efforts, there is still one topic
which was left untouched – same sex marriage. It is primarily due to the fact that
catholic churches, religious sectors and other organizations oppose it; however,
the same shall not impede and affect the granting of certain rights to the LGBTQI
community, as after all, we are the same and equal – we are all people seeking for
love as a lifelong commitment, and people wanting to establish our own family.
The lack of laws protecting them from the causes and effects of such commitment
put same sex couples in a conundrum; hence, the need to define their relationships
and the other issues and rights usual couple confront, to wit: insurance claims,
hereditary rights, parental rights, property division.

Our current laws, particularly Article 1 of the Family Code, defines

marriage as “Marriage is a special contract of permanent union between a man
and a woman entered into in accordance with law for the establishment of conjugal
and family life. x x x”. This explicitly excludes same sex couples from being legally
recognized, and from availing of the benefits and privileges of marriage, which, in
effect discriminate them. The law, so as to speak, should empower the Filipinos to
their right to equal protection, and not to weaken them by putting hindrances in
establishing a family life only by reason of their sexual preferences, as regardless,
all are the same and deserving to wish for love.

Ultimately, this Bill seeks to legalize same sex marriages, and to define the
basic marital rights and obligations of same sex couples.
In view of the foregoing, approval of tis bill is highly and earnestly
sought.

MA. CARIZA L. ALMORADIE MA. FLORENCE FUERTE

DOREEN YSABELLE E. GARCIA ALEXANDER B. LAYOS II

 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS

Third Regular Session

HOUSE BILL NO. 001234

Introduced by

REPRESENTATIVES MA. CARIZA L. ALMORADIE, MA. FLORENCE FUERTE,

DOREEN YSABELLE E. GARCIA, and ALEXANDER B. LAYOS II

AN ACT LEGALIZING SAME SEX MARRIAGES IN THE

PHILIPPINES, AND PROVIDING FOR THEIR RIGHTS AND
OBLIGATIONS

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Short Title. – This Act shall be known as the “Same

Sex Marriage Act.”

SECTION 2. Declaration of Policy – It is the policy of the State o

value the dignity of every human person and guarantee full respect for
human rights. The State also recognizes the sanctity of family life, and
shall protect and strengthen the family as a basic autonomous social
institution.

Toward this end, the State shall accord full respect and
recognition of the couples, regardless of their sexual preferences, and
to define their basic marital obligations; further, to ensure that they
would not be denied of their marital rights, and the benefits and
privileges accruing from their relationship.

SECTION 3. Definition of Terms. –

a) Same Sex Couples refers to persons of same sex who are

romantically involved with each other
 b) Same Sex Marriage License refers to a document issued by
the Local Civil Registrar of the city or municipality which either of the
same sex couple resides, that allows them to enter into a marriage

c) Same Sex Marriage refers to a contract of permanent union

between persons of same sex, entered into accordance with the law,
for the establishment of a conjugal and family life.

d) Same Sex Marriage Certificate refers to a document that

certifies that the names appearing on it have contracted a marriage in
accordance with the law for the establishment of a conjugal and family
life.

e) Marital Settlement refers to the regime of absolute

community, conjugal partnership of gains, complete separation of
property, or any other regime which the future same sex souses may
agree upon. However, in absence of such, the system of absolute
community of property shall govern.

f) Property refers to an interest, present or future, legal or

equitable, vested or contingent, in real or personal property, including
income and earnings.

SECTION 4. Recognition of Same Sex Marriage. – Any person

who complies with the requirements herein laid down shall be
allowed to contract a marriage with a person of his/her same sex, and
both shall be bound by the obligations and responsibilities, and
protections and benefits arising thereto. The rights of same sex couples
shall be recognized and respected, and that any form of discrimination
imposed against them shall be penalized under this law.

SECTION 5. Requisites of Same Sex Marriage. – No marriage

between persons of same sex shall take place absence of any of the
requisites herein-below:

a) Legal capacity of the contracting parties, who may be both

male, or both female. For purposes of this Act, there is legal capacity if
the parties are:

1. At least eighteen (18) years of age;

2. Not prohibited by reason of public policy and by law

b) Either of the couple is resident of the place where the

Same-Sex Marriage License was obtained, for at least three (3) years
 c) Consent freely given in the presence of the
solemnizing officer

d) Authority of the solemnizing officer

e) A valid same sex marriage license

f) A marriage ceremony

g) Relationship is publicly known

Absence of any of the above-mentioned requisites shall render

the same sex-marriage void ab initio and will deprive either of the
parties of the benefits and privileges of their marriage, further, their
properties shall be treated off as co-owned. However, defects under
paragraphs (d), (e), (f) shall be deemed as a mere irregularity, and shall
not affect the validity of the marriage, but the persons responsible for
such shall be held criminally, civilly or administratively liable, as the
case may be.

SECTION 6. Administering Officers; Religious Freedom. –

SECTION 7. Marriage License and Certificate. –

SECTION 8. Default Property Regime. –

SECTION 9. Marriage Settlement. –

SECTION 10. Benefits and Protection of Same Sex Marriage

Couples-

SECTION 11. Obligations of Same Sex Marriage Couples. –

SECTION 12. Inheritance Rights. –

SECTION 13. Adoption Rights. –

SECTION 14. Social Security and Insurance Benefits –

SECTION 15. Dissolution of Same Sex Marriage –

SECTION 16. Effects of Dissolution –

SECTION 17. Child Custody. To whom granted. –

SECTION 18. Child Support. –

SECTION 19. Provisions against Discriminatory Practices of

Employers, Schools, and etc., –

SECTION 20. Penalty Provisions. –

SECTION 21. Separability Clause. – If, for any reason, any

section or provision of this Act is declared unconstitutional or
invalid, the other sections or provisions which are not affected
shall continue to be in full force and effect.

SECTION 22. Repealing Clause – Pertinent provisions of the

Family Code, as amended, the Civil Code of the Philippines, as
amended, Domestic Adoption Act of 1998, and all other
pertinent orders, proclamations, orders, which are inconsistent
with this Act, are hereby amended.

SECTION 23. Effectivity. – This Act shall take effect fifteen (15)
days after its publication in the Official Gazette, or in a newspaper
of general circulation.

Approved,