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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 has 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,

1 Sta. Maria, Melencio S., Persons and Family Law


2

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

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


fromhttp://progressph.blogspot.com/2011/06/discriminatory-amendment-proposed-
by.html
3

country, says its legalization would laid down anti-discrimination and

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

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?


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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


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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

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/
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relationship between husband and wife with rights and obligations

governed by law.10
G.) Relationship -- an emotional or other connection between people.11
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
10 Legal Definitions and Legal Terms Defined, available from
http://definitions.uslegal.com/

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/
8

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

14 Trandafir, Mircea, The Effect of Same-Sex Marriage Laws on Different-Sex Marriage:


Evidence from the Netherlands , Universite de Sherbrooke November 2009
9

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

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
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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

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?


11

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?

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

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/en
GB/menu/themas/bevolking/publicaties/artikelen/archief/2011/2011 3331wm.htm
12

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

This 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

19 Ten Years of SameSex Marriage: A Mixed Blessing Radio Netherlands Worldwide


April 2, 2011, available from http://www.rnw.nl/English/article/tenyears samesex
marriageamixedblessing.

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
13

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 depends 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 a relationship can result in a lower

property tax follows, no tax is imposed over the first circa EUR 19.000

owned. This 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

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couple as a whole. 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

22 Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and Registered


Partnership for Different-Sex and Same-Sex Partners in the Netherlands" The
Netherlands
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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


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.
15

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, 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

25 Civil Marriage Act, available from http://laws-lois.justice.gc.ca/eng/acts/c-31.5/page-


1.html

26 Canadian Bar Association, "Submission on Bill C-38: Civil Marriage Act" June 2005
16

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


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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;

"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

27 Defense of Marriage Act, One Hundred Fourth Congress of the United States of
America, January 1996
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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
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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 whose nature, consequences, and incidents are governed by law

and not subject to stipulation, except that marriage settlements may fix the

28 How Legal Tide Turned on Same-Sex Marriage in the US, available from
http://www.bbc.com/news/world-us-canada-21943292
20

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,

29 Robles, Chan, Family Code of the Philippines, available from


http://www.chanrobles.com/executiveorderno209.htm#.Vh1thfmqqkq
21

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

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
22

and 4% strongly agree according to the exclusive survey of Laylo Research

Strategies in the newspaper, The Standard.

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

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


23

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. And with 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, shows 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
24

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 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


25

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.

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


26

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

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/

Robles, Chan, Family Code of the Philippines, available from

http://www.chanrobles.com/executiveorderno209.htm.Vh1thfmqqkq
27

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/en

GB/menu/themas/bevolking/publicaties/artikelen/archief/2011/20

11 3331wm.htm

Ten Years of SameSex Marriage: A Mixed Blessing April 2, 2011, available

from http://www.rnw.nl/English/article/tenyears samesex

marriageamixedblessing.

Trandafir, Mircea, The Effect of Same-Sex Marriage Laws on Different-Sex

Marriage: Evidence from the Netherlands, Universite de Sherbrooke

November 2009

Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and

Registered Partnership for Different-Sex and Same-Sex Partners in

the Netherlands" The Netherlands


28

7 in 10 Filipinos oppose same-sex marriage- survey, available from

http://www.rappler.com/nation/97804-same-sex-marriage-survey-

philippines, June 2015

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/

CURRICULUM VITAE

Personal Information

Name Maricar Malaki Bautista

Address Block 2 Lot 18 Sto. Tomas Village 4, Psalm


Street Deparo, Caloocan City
Contact Number 09174122264
29

Email maii32843@gmail.com

Religion Roman Catholic

Nationality Filipino

Birthday January 10, 1994

Age 21 Years Old

Gender Female

Work Experience
April 12, 2012 to June 18, 2013 November 03, 2014 to February 2015
Expert Global Solutions (NCO Group) Concentrix-Daksh
Mezza Residence, Aurora Blvd. corner Bldg. G, UP Ayala Technohub,
Araneta Ave., Sta. Mesa, Manila Commonwealth Avenue, Quezon City
Business Process Outsourcing Business Process Outsourcing
Industry Industry
Account Specialist Financial and Collections Trainee

Educational Background

Kamuning Elementary School


June 1999 to March 2006

-- Honor Student in 1st Grade (2001)


-- Poster Making Contest: "Teknolohiya tungo sa masaganang
Agrikultura, Palaisdaan at Industriya" Participant, Department of
Agriculture (2005)
-- Poster Making Contest Participant, National Statistics Office (2006)
-- Artist of the Year (2006)
30

Don Alejandro Roces Sr. Science-Technology High School


June 2006 to March 2010

-- Honor Student in Sophomore Year (2008)


-- Studied Technical Vocational Course: Cosmetology (2008-2010)
-- Honor Student in Junior Year (2009)
-- Classroom Officer (2008-2009)
-- Honor Student in Senior Year (2010)
-- Roces Artist Guild Member (2010)
Polytechnic University of the Philippines
Bachelor of Science in Political Economy
June 2010 to April 2015
Juris Doctor, College of Law
June 2015 to present

-- Class President in Sophomore Year (2011)


-- Junior Council Officer, College of Economics, Finance and Politics
Student Council (2011)
-- Communication Committee Member, Economics Research Society
(2011)
-- Vice President for External Affairs, Economics Research Society
(2012)
-- Junior Philippine Economics Society Member (2012-2013)
-- President of Junior Political Economists' Guild (2013-2014)
-- 3rd Placer in Chess Competition, College of Political Science and
Public Administration, Foundation Week.
-- Temasek Foundation Scale: Singapore Exchange Student (2014)
-- Intern at Viet Nam Embassy of the Philippines (2014)
-- Vice President for Finance, Junior Political Economists' Guild
(2014)
31

Skills and Competences

-- Understand Filipino and English Language.


-- Able to work well in teams.
-- Understand how to use decision making in resolving missions.
-- Establishes collaborative relationships and projects.
-- Able to manage change and comfortable with risk taking.
-- Confident in handling new task.
-- Flexible in assignments and attentive to details.
-- Understand cost-benefit analysis.
-- Understand economic modeling.
-- Able to conduct action research.
-- Skilled with Internet
-- Photo Editing
-- Understand how to use the following:
Microsoft Word
Microsoft Power Point
Microsoft Excel
Prezi
Movie Maker