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 this 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. - The

following persons are authorized solemnizing officer:

a) Incumbent member of the Judiciary within his jurisdiction.

b) Priest, Rabbi, Imam or Minister of any Church or Religious

Sector which must be duly authorized by his church or
religious sector, registered with the civil registrar general.
and at least one of the contracting parties belongs to the
solemnizing officer’s church or religious sector, who acted
within the limits of the written authority granted to him by
his church or religious sector.

c) Ship Captain or Airplane Chief may solemnize a marriage

in articulo mortis between passengers or crew members
 d) A Military commander of a unit may solemnize marriages
in articulo mortis between persons within the zone of
military operation.

e) Consul-general, consul or vice-consul may solemnize

marriages between Filipino citizens abroad

Nothing in this Act shall interfere with or regulate practice of any

religious body. Priest, Rabbi, Imam or Minister or any authorized
person of a church or religious sector is free to choose whether he will
administer the same sex marriage.

SECTION 7. Marriage License and Certificate. – The

requirements and prohibitions relative to, as well as procedures in the
issuance of a valid marriage license and certificate provided for under
Articles 9 to 23 and Articles 27 to 34 of The Family Code of the
Philippines, as amended, shall likewise be applicable for a same sex
marriage under this Act.

SECTION 8. Default Property Regime. – The property relations

between spouses shall be governed by pre-marriage settlements, or in
the absence or ineffective thereof, the regime of total separation of
property shall govern.

The administration and enjoyment of the community property shall

belong to both spouses jointly. In case of disagreement, the court shall
decide. Properties acquired by them through their work or industry
shall be governed by the rules on co-ownership.

SECTION 9. Marriage Settlement. – Pre-marriage settlements

must be made in writing, with a statement of assets annexed thereto,
signed by both parties, and contained in a public instrument.

The contents thereof must include the choice of a property regime,

whether total or partial, under the Family Code. Such property regime
shall govern their right to own, dispose of, posses, administer, and
enjoy properties, subject to modifications, which are not contrary to
law, morals, good custom, public order, or public policy, given the
nature of the marriage.

Any stipulation that is inimical to the interest of the marriage relative

to sustenance and support for medical treatment, dwelling, food,
clothing and other needs of the couple, or adversely affects the right of
children to receive support, shall automatically be declared void.
Stipulations which are not contrary to law, morals, good custom,
public order, or public policy shall not be invalidates and shall remain
effective.

SECTION 10. Benefits and Protection of Same Sex Marriage

Couples - Parties on a same sex marriage shall enjoy the following
benefits, protection and responsibilities:

a) All benefits and protections as are granted to spouses in a

marriage under existing laws, administrative orders, court
rulings, or those derived as a matter of public policy, or any
other source of civil law;

b) Laws of marital relations, including donations by reason of

marriage, legal separation, adoption, child custody and
support, shall apply to the parties of a same sex marriage;

c) Right in respect to a child if whom both become the parents

of during the terms of the marriage, shall be the same as that
under the Family Code.

d) Laws relating to intestate succession, survivorship or other

incidents of acquisition, ownership or transfer, inter vivos or
upon death, of real or personal property, as affecting parties
to a marriage, shall likewise be applicable to a same sex
marriage;

e) Causes of action related to or dependent upon spousal

status, including torts or actions under contracts reciting,
related to, or dependent upon spousal status may be availed
of the parties;

f) Parties shall automatically have insurable interest over their

respective spouses and may avail of benefits relating to
insurance, health and pension benefits provided to married
couples;

g) Labor standard benefits and privileges under tax laws

accorded to employees based on marital status shall
likewise be accorded;

h) Benefits under marital communication privilege shall also

be covered in which spouses of a same sex marriage are
immune from being compelled to testify against the other.
 SECTION 11. Obligations of Same Sex Marriage Couples. – The
obligations and duties of same sex marriage couples are the same with
regard to the obligations of husband and wife under the Family Code,
to wit:

a) Live together;

b) Observe mutual love, respect, and fidelity; and

c) Render mutual help and support.

Matters relating to these duties and other obligations of husband and

wife under the Family Code will apply to same sex marriage couples.

SECTION 12. Inheritance Rights. – As far as the law on

Succession is concerned, the same sex marriage couple will be
considered as “Spouses” who are also entitled to the same legitime of
the surviving spouse. Same sex marriage couple will also be
considered as compulsory heirs of each other and the Civil Code
provisions on Succession and Donation will apply.

SECTION 13. Adoption Rights. – Same sex marriage couples

should jointly adopt except in the following cases:

a) if one seeks to adopt the legitimate son/daughter of the

other; or

b) if one seeks to adopt his/her own illegitimate

son/daughter: provided, however, that the other has
signified his/her consent thereto; or

c) if the they are legally separated from each other.

SECTION 14. Social Security and Insurance Benefits – With

regard to Social Security Law and Insurance benefits, same sex
marriage couple will be considered as primary beneficiaries of one
another. They will be treated in the same way as how the surviving
spouse would benefit in cases specifically provided by such laws.

SECTION 15. Dissolution of Same Sex Marriage – For the

dissolution of same sex marriages, the grounds and instances under
the legal marriages recognized in the Family Code of the Philippines
would apply since same sex marriage couples should be regarded in
equal footing with them.
 SECTION 16. Dissolution of Same-Sex Marriage. – The
procedures and grounds for legal separation, annulment, and
declaration of nullity of marriages under the Family Code of the
Philippines, as amended, shall be applicable in same-sex marriages.
Further, the attempt against the life of the partner shall also be a
ground for dissolution of the same-sex marriage.

Parties may, through a verified joint petition filed before the

appropriate regional trial court, move for the consensual termination
of their marriage. The petition must include a joint plan for parenthood
over common children, if any. The joint plan must provide the support
and living arrangements of the common children. The court shall
ensure its enforcement and shall review the plan on an annual basis or
as often as possible, in case the need arises. Further, the petition shall
also contain a comprehensive arrangement between the parties
detailing the ownership, administration, enjoyment, disposition,
liquidation of assets and liabilities.

An action for joint petition for the termination of the same-sex

marriage shall not be tried before six (6) months have elapsed since its
filing. If the court determines that the consent of both parties were
freely given and that the joint plan for parenthood is sufficient to
protect the rights and interests of the common children, and the
comprehensive arrangement regarding the separation of property are
detailed and impartial enough not to prejudice each party’s properties
prior the marriage, the court shall grant the joint petition.

SECTION 17. Protection of Children in Case of Dissolution of

Same-Sex Marriage. – To protect the rights and interests if children in
the event of dissolution of the same-sex marriage, the court shall
consider the following factors in so far as support for children, if
applicable, is concerned:

a) Needs of the child;

b) Standard of living and economic circumstances of each

parent;

c) All sources of income and assets of each parent;

d) Earning ability of each parent, including educational

background, training, employment skills, work
experience, custodial responsibility for children including
the cost of providing child care and the length of time and
 cost of each parent to obtain training or experience for
appropriate employment;

e) Need and capacity of the child for education, including

higher education;

f) Age and health of the child and each parent;

g) Income, assets, and earning ability of the child;

h) Responsibility of the parents for the court-ordered support

of others;

i) Reasonable debts and liabilities of each child and parent;

and

j) Any other factors the court may deem relevant.

In cases where the child suffers from a severe mental or

physical incapacity that causes the child to be financially dependent
on a parent, the obligation to give support for a child who has not been
emancipated by the court shall not terminate solely on the basis of said
child’s age. The obligation to give support for that child shall continue
until the court finds that the child is relieved of the incapability or is
no longer financially dependent on the parent.

SECTION 18. Support Pendente Lite. – In all actions brought for

dissolution of a same-sex marriage, legal separation from a partner in
said marriage or annulment of the marriage, the court may provide for
support pendent lite. In doing so, the court shall consider the following
factors, among others:

a) The actual need and ability of the parties to pay;

b) The duration of the same-sex marriage;

c) The age, physical and emotional health of the parties;

d) The standard of living established in the same-sex

marriage and the likelihood that each party can maintain a
reasonably comparable standard of living;

e) The earning capacities, educational levels, vocational

skills, and employability of the parties;
 f) The length of absence from the job market of the party
seeking maintenance;

g) The parental responsibilities for the children;

h) The time and expense necessary to acquire sufficient

education or training to enable the party seeking
maintenance to find appropriate employment, the
availability of the training and employment, and the
opportunity for future acquisitions of capital assets and
income;

i) The history of the financial of non-financial contributions

to the same-sex marriage by each party including
contributions to the care and education of the children and
interruption of personal careers or educational
opportunities;

j) The equitable distribution of t property ordered and any

payouts on equitable distribution, directly or indirectly,
out of current income, to the extent this consideration is
reasonable, just and fair;

k) The income available to either party through investment of

any assets held by that party; and

l) Any other factors which the court may deem relevant.

For purposes of liquidation of earned assets and properties

during the same-sex marriage, household support and assistance are
deemed equivalent to actual work and industry.

Dissolution of the same-sex marriage shall not prejudice the

right of children to legitimes under the Family Code of the Philippines,
as amended.

SECTION 19. Provisions against Discriminatory Practices of

Employers, Schools, and etc., – The following are declared as
unlawful or discriminatory employment practices:

a) For an employer, to refuse to hire or employ or to bar or to

discharge or require to retire, unless justified by lawful
considerations other than age, from employment such
individual because of same-sex marriage status, or to
 discriminate against such individual in compensation or in
terms, conditions, or privileges of employment;

b) For a labor organization, to exclude or to expel from its

membership such individual because of same-sex
marriage status, or to discriminate in any way against any
of its members, against any applicant for, or individual
included in, any apprentice or other training program or
against any employee or any individual employed by an
employer;

c) For any employer or employment agency to print or

circulate or cause to be printed or circulated any statement,
advertisement or publication, or to use any form of
application for employment, or to make an inquiry in
connection with prospective employment, which
expresses, directly or indirectly, any limitation,
specification or discrimination as to same-sex marriage
status for employment;

d) For any owner, lessee, proprietor, manager,

superintendent, gent, or employee of any place of public
accommodation, directly or indirectly, to refuse, withhold
from or deny to any person any of the accommodations,
advantages, facilities or privileges thereof, or to
discriminate against any person in the furnishing thereof,
or directly or indirectly to publish, circulate, issue, display,
post or mail any written or printed communication, notice,
or advertisement to the effect that any of the
accommodations, advantages, facilities or privileges of any
such place will be refused, withheld from, or denied to any
person on account of same-sex marriage status; and

e) For any person, including any owner, lessee, sublessee,

assignee or managing agent of, or other person having the
right of ownership or possession of or the right to sell, rent,
lease, assign, or sublease any real property or part or
portion thereof, or any agent or employee of any of these
to refuse to sell, rent, lease, assign, or sublease or otherwise
to deny to or withhold from any person or group of
persons any real property or part or potion thereof because
of same-sex marriage status.

SECTION 20. Penalty Provisions. – (a) Any person who

knowingly or willfully refuses to issue same-sex marriage
licenses or certificates despite being authorized to do sol denies
rights and benefits entitled to same-sex marriage couples; or
commits unlawful, discriminatory employment practices, as
provided for in this Act, shall be penalized by a fine of not less
than One hundred thousand pesos (PhP100,000.00) but not more
than Five hundred thousand pesos (PhP500,000.00) or
imprisonment of not less than one (1) year but not more than six
(6) years, or both, as the discretion of the court.

If the offender is a corporation or association, the officer

responsible for the acts enumerated in this Section shall be
criminally and civilly liable.

If the offender is a public officer, prosecution under this

Act shall be without prejudice to the filing of any administrative
case against the public officer under other existing laws.

(b) Any person who commits an act of infidelity while

bound in a same-sex marriage, as defined in Section 11 of this
Act, shall be punished by prision correccional in its medium nd
maximum periods.

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,