1.

Distinguish the definition of marriage in the Family Code from the concept of marriage in the 1987
Constitution. Will a law allowing same-sex marriage repugnant to our Constitution. Why or why not?
2. Based on the first letter of your alphabet, chose a state with the same first letter and research on
(a) its legal definition of marriage, (b) does it allow same-sex marriage and (c) what are its
requirement of marriage.
3. In your own personal opinion (and please do not prostitute your principles because of your
perception of my identity/gender/sexuality), do you personally believe that same-sex marriage
should be allowed in the Philippines? Justify your answer.

Answers:

Same-sex marriage has been a social, moral, and political issue not only in the Philippines, but
also in different parts of the world. In the Philippine context, organizations and arguments over the
same-sex marriage continue to rise rapidly. One of the prominent supporting organizations of same-sex
marriage is the LGBT community which stands for Lesbian, Gay, Bisexual, and Transgender. It basically
supports the legalization of same-sex marriage in our country. However, in accordance with the Family
Code, our government still upholds that marriage is strictly a union between a man and a woman.

Article 1 of the Family Code of the Philippines states the definition of marriage:

Art. 1. 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. It is the foundation
of the family and an inviolable social institution whose nature, consequences, and incidents are
governed by law and not subject to stipulation, except that marriage settlements may fix the
property relations during the marriage within the limits provided by this Code.

However, in Article 15 section 2 of the 1987 Constitution, marriage is defined “as an inviolable
social institution, is the foundation of the family and shall be protected by the state.” This, basically,
makes the citizens of the Philippines confused because of the discrepancy between the Family Code and
the 1987 Constitution with regard to the definition of marriage. The phrase “the foundation of the
family” puts more emphasis on the fact that regardless of your sex, whether the marriage involves
different or same sex, for as long as you establish a foundation of family life, it is in line with the 1987
Constitution. This reason, therefore, makes it evident that any law allowing same-sex marriage is
acceptable as far as the 1987 constitution is concerned.
 2. Timor-Leste

Definition of Marriage:

Marriage is contract entered into by two persons of different genders who intend to constitute a
family by means of full cohabitation, in terms of the provisions of this code.

Requirements:

- A couple who intends to get married must publish written announcements (called “banns”)
declaring their intention to marry
- Both parties must have Matrimonial Capacity. This means they must have the ability to
become legally married to each other (for example, they are not close kin)
- Couples should be over the age of 16 with mental capacity
- The celebration must be public (Article 1503) and must be celebrated in the presence of
both parties or their attorneys, the civil registrar, and two witnesses (Article 1504)
- Both parties must consent to the marriage. Sometimes consent is called “declaration of
will.”
- Both parties must also consent during the wedding ceremony itself; it is not enough to rely
on what the parties expressed about their desire to get married (Articles 1505, 1507)
- Where special permission is given by both parties, one person’s attorney can consent for
them (1508). Both parties to a marriage cannot consent through attorneys (Article 1504)
- After the ceremony, all marriages must be registered according to registration laws.
Otherwise, it is invalid.

In short, in order for a couple to be considered legally married, and entitled to all the benefits and rights
of marriage, they must publish banns, obtain a marriage certificate, consent to marriage during the
marriage ceremony, and register their marriage.

Is same sex allowed?

No, under Article 1517 of its Civil Code, a marriage contracted by two persons of the same gender is
legally inexistent.
 3. In our country, people have different points on how they view the same-sex marriage
controversy. Some opposes that there can be no marriage, unless the marriage involves two different
sexes; some would say it is against the Holy Matrimony of the Church; some argue that is against the law
and it is a threat in our society. Nevertheless, due to the existence of freedom, I respect their opinions
as this controversy is inevitable. My personal standpoint as regards this matter, however, would be to
support same-sex marriage and it be legalized in the Philippines.

Without citing any laws to prove my point, I would just make use of my family where we always
consider equality among the members and what I see in our society where same-sex couples are found
everywhere. I mean, it is a basic common sense that people cannot choose who to love and who they
see themselves with in the future. It is beyond our capacity to have a control over our feelings. If you
happen to have a feeling for a certain person, and if that person has the same feelings towards you, and
it eventually comes to a point when you make decision in living together and establish a family life, I do
not seem to see the point of not legalizing it. It is just a matter of loving and committing yourself to your
significant other regardless if the relationship involves same sex. And for so long as you are doing your
responsibility in our society, and not hurting anyone or as we may call it in our language, “Wala kang
tinatapakan na tao”, our country has to notice this and promote equality among the citizens and respect
the human rights of our society. Lastly, if the government views same-sex marriage as a threat in our
society because say, children might be confused why they see same-sex couples are doing the same that
traditional couples do, I think it is better if we start allowing the same-sex marriage as early as now since
it is the only way to change the perspective of society. It is true that it may have effects on our society
especially on the mind of the children, but in 10 to 20 years, I doubt there will still be.

http://www.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-
constitution-of-the-republic-of-the-philippines-article-xv/

http://web.stanford.edu/group/tllep/cgi-bin/wordpress/wp-content/uploads/2013/09/Timor-Leste-
Marriage-Law.pdf