LIBR that same sex marriage be legalized in the Philippines.

Negative | First Speaker

5 – minute Speech:

Good evening, ladies and gentlemen, your honors. As the first negative speaker, allow
me to advance my argument for tonight’s proposition. I will argue that the legalization of
same sex marriage is unconstitutional that would only weaken the definition and respect
for the institution of marriage provided by the 1987 constitution.

Before I proceed to my constructive, allow me to rebut a few points raised by the

affirmative. The affirmative contends that same sex marriage should be legalized in the
ground _____________________________________. The negative says otherwise.
_________________________. Therefore, we in the negative side respectfully forward
that the argument has no place in tonight’s debate.

Marriage, as defined in the Family Code of the Philippines in the 1987 Constitution, 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. “Permanent union”
stated means “no divorce” and that “a man and a woman” means the gender of the
contracting parties “at birth”. 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 the Code. Marriage will only be
considered valid if and only if it complies with the number one requisite which is the
legal capacity of the contracting parties who must be a man and a woman as stated in
the Article 2 of the Family Code.

The legalization of same sex marriage will invalidate the definition given by the 1987
constitution. The provided definition only contemplates opposite-sex marriages. Thus,
Article 1 and 2 of the Family Code are constitutional. It is a fundamental principle of
constitutional construction that the intent of the framers should be given effect. Their
intention could not be any clearer: marriage is the union between man and a woman.
Allowing same sex marriage will defeat the purpose both of marriage and family which
is the very foundation of society.

Your honors, In the Philippines, where constitution gives utmost importance and respect
for marriage, same sex marriage should have no place. Ladies and gentlemen,
no legal basis is provided to allow same sex marriage because the 1987 Constitution,
the Family Code, and the Civil Code, supposedly all refer to a marriage as between a
man and a woman.

We in the negative side submits that forwarding same sex marriage in the Philippines is
not valid and therefore, be disregarded. With that, I end my speech. Thank you.
Note:

Silverio vs. Republic –

Atty. Lorna Kapunan emphasized in an interview that your gender at birth is your gender
forever.

In Silverio vs. Republic, the Supreme Court denied for lack of merit the petition of
Rommel Jacinto Dantes Silverio to change his name and sex in his birth certificate.
Since the statutory language of the Civil Register Law was enacted in the early 1900s
and remains unchanged, it cannot be argued that the term sex as used then is
something alterable through surgery or something that allows a post-operative male-to-
female transsexual to be included in the category female.

Neccesity –

Negative Side

1. Homosexual relations/relationships are not biologically natural. Same-sex couples

cannot naturally produce children through their union.
2. It would weaken the definition and respect for the institution of marriage.
3. It would further weaken the traditional family values essential to our society.
4. It confuses children about gender roles and expectations of society knowing that
only a man and a woman can pro-create.
5. The gay lifestyle is not something to be encouraged, as a lot of research shows it
leads to a much lower life expectancy, psychological disorders, and other problems.

Family Code –

Articles 1 and 2 of the Family Code, which was issued as Executive Order 209 by
President Corazon Aquino in 1987.

Article 1. Marriage is a special contact 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.

Article 2. No marriage shall be valid unless these essential requisites are present: (1)
Legal capacity of the contacting parties who must be male and a female
Questions:

Good evening, Counsel. Just a mere yes or no.