1

CHAPTER I. INTRODUCTION

1.1 Introduction and Method of Research

In the Philippines, marriage is understood as a special contract of

permanent union of man and a woman, and the foundation of the family whose
nature, consequences and incidents are governed by law.1 A definition recognized
by the law which eventually become one of the roots of arguments and
controversies when the Filipino homosexuals or the society of third-sex raised
their equal rights to marry.

In the late twentieth century, debates about the legalization of same sex
marriage around the world have been publicly noticeable in view of the strong
opposition of Christianity as they consider it as morally wrong. However in 2000,
Netherlands granted religious rites of marriage and legal recognition to Lesbian,
Gay, Bisexual, and Transgender (LGBT) Community. In light of its decision, 20
other countries namely Belgium (2003), Canada (2005), Spain (2005), South Africa
(2006), Norway (2009), Sweden (2009), Argentina (2010), Iceland (2010), Portugal
(2010), Denmark (2012), Brazil (2013), England and Wales (2013), France (2013)
New Zealand (2013), Uruguay (2013), Luxembourg (2014), Scotland (2014), Finland
(2015, effective 2017), Ireland (2015) and United States of America (2015) legalized
marriage for same sex couples.2 Though few more countries are in the process of
assessing legitimizing same sex marriage, still, majority of these countries doesnt
recognized reformation of marriage in their Constitution. And this include the
Philippines.

Philippines is a predominantly Catholic country which holds a huge

influence in the society. Religious heritage and embraced principles in view of
morals made majority of the Filipino people conservative democrats especially in
matters concerning marriage. In fact, three anti-same sex marriage bills has been
introduced in 2006 followed by the 2011 proposed House Bill 4269 which objective
is to expand Article 26 of Family Code exceptions of valid marriages solemnize
outside the Philippines by including "prohibited marriages" encompassing same
sex marriage. Several of gay rights organizations opposed the idea contending
marriage as a human right based on love shared between two human hearts and
not two sets of genitalia.3 Ladlad Partylist, a political party advocating LGBT rights
in the country, says its legalization would laid down anti-discrimination and

1
Sta. Maria, Melencio S., Persons and Family Law
2
21 Other Countries Where Same-Sex Marriage Is Legal Nationwide, available from
http://time.com/3937766/us-supreme-court-countries-same-sex-gay-marriage-legal/
3
Discriminatory Amendment Proposed by Bohol Representative, available from
http://progressph.blogspot.com/2011/06/discriminatory-amendment-proposed-by.html
 2

prejudice to LGBT couples.4 However, even after the Partylist took their hopes up
as United States granted legalization of same sex marriage, the Philippine
government remained mum on the issue granting nothing on the partys plea.
Marriage rights and marriage equality created different opinions resulting
unprecedented division towards the Philippine society. Number of factors of pros
and cons questions constitutionality if whether or not same sex marriage will
prevail in the country. Therefore, this research will create both Qualitative and
Quantitative Research in identifying positive and negative aspects of same sex
marriage in the Philippines.

1.2 Importance of the Study

Marriage in the Philippines is one of the most important features in life. It

constitutes legal benefits, marital obligations, holds the symbol of commitment in
relationships and even psychological benefits. In line with this, marriage also
constitutes equality beyond the realm of married life of opposite sex but also same
sex couples. This study will enlighten the importance of marriage and how it
actually relates to the status quo of the LGBT community in the Philippine setting.
Also, the study will also identify the impact of same sex marriage legalization
within the Philippine laws by highlighting mainly the advantage and disadvantages
upon its possible implementation.

1.3 Statement of the Problem

In the Philippines, the debated topic of same sex marriage garnered

attention as LGBT community continuously fight for their rights and raise their
concerns against discrimination and inequality. The conflicting scheme of same sex
marriage to Philippines Laws and the opposing contentions of the Catholic Church
are the main hindrances observed against the appeal of its legalization in the
country. In light of United States, an allied country of the Philippines, that recently
recognized gay marriage throughout the 50 states of America, were the hopes of
Philippines LGBTs plea of approving the constitutionality of same sex marriage. Its
adoption in the United States clearly made a huge mark of change in their
constitution especially in the sense of rights and benefits in the eyes of the law.
However the question is, in the legal sense, is the Philippine Law ready for a
change?

4
PH LGBT advocates welcome US legalization of gay marriage, available from
http://mobile.abs-cbnnews.com/lifestyle/06/27/15/ph-lgbt-advocates-welcome-us-legalization-gay-
marriage/
 3

1.4 Scope and Delimitation of the Study

The study is concerned with the Same Sex Marriage issue in the Philippines
if such is a legal right that LGBT community deserve to have. It also touches on
the importance of marriage, its benefits and definition in terms used by the
Philippine Laws, the advantage it can make in the country and its significance to
the rights of LGBTs.

The study mainly spotlights the constitutionality of legalizing same sex

marriage in the Philippines comprising LGBT rights against inequality and
discrimination. Facts contained herein are limited to secondary data such as news
articles, books, international and local literatures and internet web sources
released by educational institutions, academes and authors of law.

The data collected from the secondary data serves only as representative
and not to generalize as whole, to provide insights for future policy making and
research directions. Nevertheless, the study may still be a turning point for the
general public.

1.5 Definition of Terms

A.) Homosexual -- a person, regardless of sex, who engages in, attempts to

engage in, has a propensity to engage in, or intends to engage in
homosexual acts, and includes the terms gay and lesbian.5
B.) Homosexual Act -- any bodily contact, actively undertaken or passively
permitted, between members of the same sex for the purpose of satisfying
sexual desires; and any bodily contact which a reasonable person would
understand to demonstrate a propensity or intent to engage in homosexual
conduct.6
C.) Gay -- male homosexual.7
D.) Legalization -- authentication or certification by an appropriate public
authority to make something lawful. It may also be called legitimation.8
E.) Lesbian -- female homosexual.9
F.) Marriage -- a legal contract entered between a man and woman intending to
become husband and wife. Marriage creates a legal relationship between
husband and wife with rights and obligations governed by law.10
G.) Relationship -- an emotional or other connection between people.11

5
Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
6
Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
7
Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
8
Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
9
Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
10
Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
 4

H.) Same Sex Marriage -also known as gay marriage or a homosexual marriage.
This kind of marriage is a ceremonial union of two people of the same sex; a
marriage or marriage-like relationship between two women or two men.12
I.) Transgender person expressing gender different from sex at birth.13

CHAPTER II. CONTEMPORARY STUDIES AND LITERATURE RELATED TO THE

PRESENT STUDY

Philippines belief in marriage is mostly in lined with morals and cultural

aspects in which, majority of its principles embraced were taught through
Christianity. Family Code in the Philippines also defined marriage as union of man
and woman which renders same sex unions not binding in the eyes of law and
constitutes no legal effect in terms of marital obligations and family life. However,
unlike Philippines, other countries viewed marriage as a legal right of human thus
its legalization is a must and not a privilege.

Mircea Trandafir of Universit de Sherbrook and GREDI conducted a study

in November 2009 entitled "The effect of same-sex marriage laws on different-sex
marriage: Evidence from the Netherlands". Netherlands is the very first country
that legitimized same sex marriage in 2000. According to her research, same-sex
registered partnership does not affect different-sex marriage negatively and the
availability of an alternative institution increases the different-sex union rate. This
suggests that there might be no negative effects on the institution of marriage from
allowing same-sex couples access to an institution that grants the same rights as
marriage but does not carry its traditional meaning. And second, granting different
sex couples access to an alternative institution to marriage increases the different-
sex union rate, extending the economic and social benefits of marriage to a larger
group of individuals.14

Ireland, one of the recent countries that recognized same sex marriage,
raised their legal perspective of same sex unions and their nods over the rights of
the LGBTs. Moninne Griffith's "The Case of Marriage Equality in Ireland" raised
political and radical concerns in matters involving same-sex marriage. With the
same insights with Netherlands, Irish people stated that lifting the marriage ban
for same sex couples will not damage the institution of marriage. Marriage is
defined as love, commitment and caring for our loved ones which lesbian and gay
couples doesnt want to change simply because what they only want is to have

11
Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
12
Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
13
Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
14
Trandafir, Mircea, The Effect of Same-Sex Marriage Laws on Different-Sex Marriage: Evidence from the
Netherlands , Universite de Sherbrooke November 2009
 5

access to it. And even though Civil Partnership exists, civil marriage was still
pushed through as it partakes huge difference in terms of legislative,
constitutional, policy, and social stigma. In terms of family and child relationship,
30 years of scientific research proves that children growing up with lesbian and gay
parents turn out just fine and have found no significant developmental differences
between them and children with heterosexual parents in their intelligence,
psychological adjustment, social adjustment, popularity with friends, development
of social sex role identity or development of sexual orientation. Also, Ireland
advocates equality in the eyes of law. UNICEF even stated that All people
regardless of race, gender, religious belief or sexual orientation should be entitled
to the same protection and privileges under the law. With all these contentions,
Ireland clearly defined same sex marriage as an absolute legal right. Justice Sachs
of the South African Constitutional Court also noted The exclusion of same-sex
couples from the benefits and responsibilities of marriage, accordingly is not a
small and tangential inconvenience it represents a harsh if oblique statement by
the law that same-sex couples are outsiders, and that their need for affirmation
and protection of their intimate relations as human beings is somehow less than
that of heterosexual couples...15

Continuous debates still exist opposing marriage. Several countries face

disputes and discussions in regard to the LGBT rights followed by protest of the
members of the latter. "Same-Sex Marriage and Legalized Relationships: I Do, or Do
I?" of Esther D. Rothblum highlighted some of the questions proving the
importance of same sex marriage. According to her, the increasing salience of
legalized same-sex couples raised political issues even within LGBT communities.
Some of her contentions are "How representative are same-sex couples in legal
relationships of lesbian and gay male couples in general?", "Should LGBT
communities be advocating for institutions such as marriage?", "How can we
question such laws without coming across as reactionary?" and "How can same-
sex couples serve as a model of equality for heterosexual couples?"16

It is true that both pros and cons have legal basis and points with their own
contentions regarding same sex marriage. Now, the next question in line is, in the
existence of these powerful arguments, what are the challenges that Philippines
faces in finally adopting same sex marriage?

15
Griffith, Moninne, "The case of Marriage Equality in Ireland"
16
Rothblum, Esther D., Same-Sex Marriage and Legalized Relationships: I Do, or Do I?
 6

CHAPTER III. GLANCE AT STANCE OF COUNTRIES RECOGNIZING SAME SEX

MARRIAGE

Netherlands is the very first state that recognized Same Sex Marriages.
According to the reports of statistics in Netherlands, the number of homosexual
and lesbian couples living together totalled 57 thousand in 2010 where in 14,813
of them had same sex marriage, in which 7,522 were female and 7,291 were
male.17 One in three couples had their relationships officially registered and nearly
11 thousand couples were married and more than 61 thousand had registered
partnerships.18 There have been 1,078 samesex divorces, 734 (twothirds) of them
by female couples.19 The title of married partners for same sex couples gave them
the advantage of building their own family. One of this is the automatic joint
parental authority over common children only in the following circumstances:

1. For gay marriage, a consent from the mother of the child is needed;
2. For lesbian marriage, a mother must be one of the couple.20

In addition, they also extend the right of adoption for same-sex couples.
Article 277 of Civil Code of Netherlands provided that they allow adoptions, except
Intercountry adoptions, of same-sex partners (whether married, registered as
partners, or neither) of their civil status or gender-combination, as long as the
partners have lived together for three years.21 These rights made equal treatment
between different-sex couples and same-sex couples in terms of privileges in having
children. The discrimination of capacity of raising a child by same-sex couples
diminishes, and has been proven to have nothing different from how different-
couples raises their child. In regards to their properties and debts, under their
Private laws, each partner are considered to have joint property and considered
joint debt. As for property taxes and income taxes, the couple may also take
advantage of lower tax rates in certain circumstances which depend on their
monthly earnings and salary as individuals. Article 5 of Wet Inkomstenbelasting
2001 provided income tax legislation which assumes that when there is 4% profit
on savings and investments, a 30% tax is imposed on this 4% profit. The fact that

17
Duncan, William C., "The Tenth Anniversary of Dutch Same-Sex Marriage: How is Marriage doing in the
Netherlands?", from iMAPP Research Brief Vol., 4, No. 3, May 2011
18
Statistics Netherlands, Number of Registered Partnerships Grew Further in 2010 March 15, 2011,
available from http://www.cbs.nl/enGB/menu/themas/bevolking/publicaties/artikelen/archief/2011/2011
3331wm.htm
19
Ten Years of SameSex Marriage: A Mixed Blessing Radio Netherlands Worldwide April 2, 2011, available
from http://www.rnw.nl/English/article/tenyears samesexmarriageamixedblessing.
20
Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and Registered Partnership for
Different-Sex and Same-Sex Partners in the Netherlands" The Netherlands
21
Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and Registered Partnership for
Different-Sex and Same-Sex Partners in the Netherlands" The Netherlands
 7

a relationship can result in a lower property tax follows; no tax is imposed over the
first circa EUR 19.000 owned. These changes in marriage, in which registered
partnership or informal cohabitation, such amount can be doubled for one of the
partners if the other partner is willing to forgo that tax-free threshold. If the latter
owns less than circa EUR 19.000, this will result in a lower tax for the couple as a
whole. 22 Same-sex couples are also entitled with other legal consequences that
different-sex couples have. Among these are entitlement of statutory protection
against other partner violence and abuse, legality of organ donation to partner,
legally obtaining citizenship of foreign partners and their residence permit with
restrictions, and even with testamentary succession. They have also raised the
Anti-Discrimination Legislation which prerogative is to prohibit discrimination on
many grounds, including sexual orientation and civil status against employers and
service providers. According to the text of Article 7, almost all forms of commercial,
professional or public provision of services are covered, including services provided
by institutions in the field of housing, welfare, health care, culture and education.23

In the year of 2005, a legal recognition of marriage for same-sex union has
also been held in Canada. The legal concept of marriage in Canadian law is the
union of one man and one woman to the exclusion of all others which existed
since the birth of Confederation. 24 The opposite-sex requirement for marriage,
however, has been the root of debates in 2002 stating that marriage has legal
consequences, which includes range of benefits and obligations under federal law
and under provincial and territorial law as it covers many aspects such as social,
religion, emotional and financial matters and others. Series of court decisions has
held that most benefits and obligations available to married couples should be
extended equally to other couples in a conjugal or marriage-like relationship,
including same-sex couples. The LGBT community raise their plea seeking balance
between individual autonomy and protection of vulnerable partners. The argument
ended peacefully through Civil Marriage Act in 2005 which upholds the right to
equality without discrimination requiring couples of the same sex and couples of
the opposite sex to have equal access to marriage for civil purposes.25

The same-sex couples were finally allowed to share intimacy and

companionship, was permitted to societal recognition of relationships, equal
distribution of economic benefits, obligations and responsibilities, blended families,

22
Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and Registered Partnership for
Different-Sex and Same-Sex Partners in the Netherlands" The Netherlands

23
Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and Registered Partnership for
Different-Sex and Same-Sex Partners in the Netherlands" The Netherlands
24
Department of Justice Canada, "Marriage and Legal Recognition of Same-sex Unions" Ministere de la
Justice Canada, November 2002.
25
Civil Marriage Act, available from http://laws-lois.justice.gc.ca/eng/acts/c-31.5/page-1.html
 8

and supported procreation and child-rearing. There was also a vast change in
social values, including the religious values in Canada. Significantly, various
religious communities supported same-sex marriage and their right of marriage
without touching any disrespectful manner in their certain religious beliefs. 26
Opposite-sex definition of civil marriage, according to Canadian Bar Association,
change the perception of the Canadian citizens, as it was observed that it no longer
reflects to a kind of nature of a diverse, multicultural and multi-faith society. The
passage of the Civil Marriage Act of 2005 made unity within the state of Canada,
which somehow surpassed the previous enormous discrimination of same-sex
couples and gender inequality.

The only firm conclusion to be drawn from these studies shows inexistence
of negative impacts of passage of same-sex marriage in Netherlands and Canada.
Purely, equality is the main concern raised by both states to finally approve the
petition of same-sex couples towards a legal recognition of marriage. Both may
have experienced flurry of gay marriage lawsuits, debates and arguments due to
divided hearts of legislators and citizens in the subject of same-sex marriage, yet
what prevails was shown to be in favor of the prayer of the majority. The immediate
effects of law amendments has been outdone in the long run, following social,
economic and legal changes in the society.

CHAPTER IV. LEGALIZING SAME SEX MARRIAGE IN THE PHILIPPINES

The euphoria over United States Supreme Court decision in legalizing same-
sex marriage made people around the world change their social media sites picture
of rainbow filtered photos --which includes the Philippines. Philippines has a
strong and ongoing debate of legality of marriage towards same-sex couples. The
religious principles, culture and social acceptance, and marriage provisions of the
Family Code of the Philippines were the main hindrances that dismisses the
petition of LGBT community in the country of making same-sex couple
relationships legal in the eyes of law. United States, a close ally of Philippines also
went through to these kind of arguments before passing their marriage recognition
among same-sex couples in the year 2015. The opposing opinion in the subject of
same sex-marriage was discussed and heard in various proceedings in United
States Supreme Court, which was later on, set aside by the latter.

US Congress passed the Defense of Marriage Act of 1996, signed by

President Bill Clinton, or also known as the law prohibiting federal recognition of
same-sex marriages which reads as follows;

26
Canadian Bar Association, "Submission on Bill C-38: Civil Marriage Act" June 2005
 9

"In determining the meaning of any Act of Congress, or of any ruling,

regulation, or interpretation of the various administrative bureaus and agencies of
the United States, the word marriage means only a legal union between one man
and one woman as husband and wife, and the word spouse refers only to a person
of the opposite sex who is a husband or a wife."27

Gay marriage, however, was allowed by the state constitution of

Massachusetts in 2003, following its distribution of marriage licenses. This action
built the confidence of other states to pass gay marriage bans against those who
are working to allow same-sex unions, either by court order or legislation. In 2008,
California created a high-profile ban by referendum and when 2013 came, US
Supreme Court was challenge to defend the provisions of Defense of Marriage Act.
The consideration of whether or not states were constitutionally required to issue
marriage licences and if states were required to recognize same-sex marriages were
few of the matters tackled. Thirty-six (36) states, by this time, released marriage
licenses to same-sex couples using the marriage laws established by them. In the
year of 2013, Supreme Court ruled the case of United States vs. Windsor, which
perspective impliedly bashed the gay marriage bans, when the court overturned the
Defense of Marriage Act, which barred the federal government from recognizing
same-sex marriages. Under Defense Marriage of Act, individuals in same-sex
marriages were ineligible for benefits from federal programmes such as the Social
Security pension system and some tax allowances if their partners died.
Afterwards, the legality of marriage in United States expanded in 2014 when
Supreme Court chose not to hear appeals against lower court rulings that had
overturned same-sex marriage bans. They argued that the Supreme Court should
strike down a state law, called Proposition 8, which stated that marriage is between
a man and a woman. The law, approved by California voters in 2008, overrode a
state Supreme Court decision that allowed for same-sex marriage. At this point,
United States must grant marriage licences to gay and lesbian couples and
recognise marriages that have taken place in other states.28

Philippines, on the other hand, still have the continuous deliberations

pertaining to same-sex marriage. Its question of legality divides the citizens of the
country of whether or not, the approval of such would be worth it to amend in the
current Family Code of the Philippines which defined marriage as follows;

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

27
Defense of Marriage Act, One Hundred Fourth Congress of the United States of America, January 1996
28
How Legal Tide Turned on Same-Sex Marriage in the US, available from http://www.bbc.com/news/world-
us-canada-21943292
 10

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.29

It was clearly expressed and indicated in the text of the law that marriage is
exclusively for the union of man and woman. It therefore, impliedly states that
same-sex marriage is not binding in the law of the country, thus may be deemed
invalid if celebrated. Although there are no laws or rules which provides
punishments for the commission of same-sex marriage, there are some sections in
the code in which an act of homosexuality may set a negative impact in marriage. A
good example for it is homosexuality as a ground of legal separation in marriages.
Also, marriage upholds its validity as much as possible in all circumstances, that
in this country, a divorce decree is not binding and nullity of marriage is governed
by the law that made it tough to discharge. Applying possible approval of same-sex
marriage in the Philippines may result to additional litigations of voiding
marriages, as it was given that other states, like Netherlands, suffers from the
dilemma of incompatibility, psychological problems, violence and abuse, and other
marital obligations matters. Let us take note that the Family Code of the
Philippines specializes the coverage on area of rights, obligations and
responsibilities of as husband and wife, and a family constituting parents which
are different-sex couples. Possible amendments of this code, in extending these
duties to same-sex couples will not just change the definition of marriage, will not
just reclassify the duties of parents or their responsibilities with procreation just
like how other foreign countries did, but it is an entire amendment of the Family
Code itself.

Marriage is treated as a sacred union of two different persons of opposite sex

in the Philippines. It was even supported by the principles and doctrines of
religious sector in the Philippines which has been embraced by the majority as part
of their culture. Socially, in honest note, a relationship between a female and
another female, and between a male and another male shows disgust to a lot of
country people. Often, discriminatory remarks were being expressed by some
which provoked the LGBT community to take an action against the deprivation of
rights and inequality. In fact, according to a survey, 7 out of 10 Filipinos opposes
same-sex marriage in the country. 30 The disagreement of the respondents was
based on regional and socio-economic breakdown in which 70% opposes same-sex
marriage, 14% somewhat disagree, 12% somewhat agree and 4% strongly agree
according to the exclusive survey of Laylo Research Strategies in the newspaper,
The Standard.

29
Robles, Chan, Family Code of the Philippines, available from
http://www.chanrobles.com/executiveorderno209.htm#.Vh1thfmqqkq
30
7 in 10 Filipinos oppose same-sex marriage- survey, available from http://www.rappler.com/nation/97804-
same-sex-marriage-survey-philippines, June 2015
 11

Canada approved same sex marriage for equal rights as persons. In a better
sense, it speaks for an expanded benefit towards the same-sex couples. The denial
of rights and benefits of same sex couple where the main argument of the LGBT
community, stating that it was a clear discrimination and inequality. However,
putting into the consideration the economical state of the previous countries which
allowed same-sex marriages, most of them are the so-called developed-countries
or the well-offs. The thing was, Philippines belongs in the nations of developing
countries, in which the roots of the problems of the citizen all goes down to
poverty. The insufficiency of government support to poor families prevails in the
state and possible resolutions are still being worked out by targeting Millennium
Development Goals. 31 Assuming that same-sex marriage is approved in the
country, how well-off the state can be to support them? It is known that married
couples are given privileges, in which some of them are tax exemptions, social
security, health insurances, and employment benefits. Who would subsidized such
benefits for them? Would it be the public sector? The private sector? Or the
taxpayers itself? If such will happen, then there may be changes to our tax laws
and even to labor and social legislations for the rights of same-sex couples over the
benefits that they deserve to have under the law of marriage.

Deprivation of rights may be the right term to apply in the situation of the
LGBT community. However, the question we are trying to figure out is, the
preparedness of Philippines to have same-sex couple recognition and legalization in
the country. This all being said, yes. It is positive for Philippines to have same-sex
marriage in the country for the virtue of just, fairness and inequality. But not
today.

CHAPTER V. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS

The study aimed to determine the impacts of legalization of Same-Sex

Marriage in the Philippines. This study used data sets from secondary materials,
mainly from authors of academe of foreign and local literatures. The findings of
the study however, show incapability of the Philippines in the current setting, in
social and legal manner. Such change may result to wider range of amendments in
the Family code as it concentrate to marriage and family life, which will not be an
easy task for legislators due to its extensive scope. The Philippines must also
observe economic stability as it will face additional responsibility towards rights
and benefits of the people, which shows physical impossibility in the current
setting of the country as it still battles against poverty alleviation. In addition, the
behaviour of the society towards the legalization of same-sex relationship in the

31
Philippine Statistics Authority, Poverty, available from https://psa.gov.ph/tags/poverty
 12

eyes of law requires an adjustment to reach equality and surpass gender

discrimination.

The researcher, therefore finds same-sex marriage beneficial to the citizens

of same-sex relationships, however granting the virtue of marriage is not yet a good
idea in the current setting as it will not only revolve around the changes of law of
marriage, but also to the capacity of ones state to be held responsible enough to
the immediate impacts and effect of it in the economy and other relative laws
concerning their rights and obligation. It may have united multi-faith states in the
past few years, and it may have created freedom towards religion in some, however
the capacity of a state must still be taken into consideration to the possibility of
changes in law in the near future.

The researcher recommends this study for students and academes to

consider broader study of same-sex marriage in the country. A wider study must
highlight the advantages and disadvantages of adoption of same-sex relationship in
the country, especially in the legal sense, to which the issue may depend its
constitutionality. And lastly, the definition of marriage and equal rights must also
be clarified and interpreted by the legislators and judicial body to avoid conflicts
involving rights and privileges of the people in the eyes of law.
 13

BIBLIOGRAPHY

Canadian Bar Association, "Submission on Bill C-38: Civil Marriage Act" June 2005
Civil Marriage Act, available from http://laws-lois.justice.gc.ca/eng/acts/c-31.5/page-
1.html
Defense of Marriage Act, One Hundred Fourth Congress of the United States of America,
January 1996
Department of Justice Canada, "Marriage and Legal Recognition of Same-sex Unions"
Ministere de la Justice Canada, November 2002
Discriminatory Amendment Proposed by Bohol Representative, available from
http://progressph.blogspot.com/2011/06/discriminatory-amen dment-proposed-
by.html
Duncan, William C., "The Tenth Anniversary of Dutch Same-Sex Marriage: How is
Marriage doing in the Netherlands?", from iMAPP Research Brief Vol., 4, No. 3, May
2011
Griffith, Moninne, "The case of Marriage Equality in Ireland"
How Legal Tide Turned on Same-Sex Marriage in the US, available from
http://www.bbc.com/news/world-us-canada-21943292
Legal Definitions and Legal Terms Defined, available from http://definitions.
uslegal.com/
Philippine Statistics Authority, Poverty, available from https://psa.gov.ph /tags/poverty
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http://mobile.abs-cbnnews.com/lifestyle/06/27/15/ph-lgbt-advocates-welcome-
us-legalization-gay-marriage/
Robles, Chan, Family Code of the Philippines, available from
http://www.chanrobles.com/executiveorderno209.htm.Vh1thfmqqkq
Rothblum, Esther D., Same-Sex Marriage and Legalized Relationships: I Do, or Do I?
Sta. Maria, Melencio S., Persons and Family Law
Statistics Netherlands, Number of Registered Partnerships Grew Further in 2010 March
15, 2011, available from
http://www.cbs.nl/enGB/menu/themas/bevolking/publicaties/artikelen/archief/
2011/2011 3331wm.htm
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7 in 10 Filipinos oppose same-sex marriage- survey, available from
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21 Other Countries Where Same-Sex Marriage Is Legal Nationwide, available from
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