SEVENTEENTH CONGRESS OF THE PHILIPPINES )

REPUBLIC OF THE PHILIPPINES )

FIRST REGULAR SESSION )
SENATE
Senate Bill No. 3758

Introduced by:
SENATORS NIÑO JAY M. MAURIN, JOHN ERICSON M.
ALO, JELL EFFIE WAJE, ANGELINE RODRIGUEZ

AN ACT ESTABLISHING MARRIAGE EQUALITY FOR SAME-SEX COUPLES

AMENDING FOR THE PURPOSE EXECUTIVE ORDER NO. 209 OR THE FAMILY
CODE OF THE PHILIPPINES AND REPUBLIC ACT NO. 8552 OR THE DOMESTIC
ADOPTION ACT OF 1998, AND FOR RELATED PURPOSES

EXPLANATORY NOTE
The equal protection clause as provided under Article 3, Section 1 of the 1987 Philippine
Constitution guarantees that every person is equal before and under the law and has
the right to equal protection and equal benefit of the law without discrimination. The
equal protection clause, according to a renowned constitutionalist, commands the State
to pass laws which positively promote equality and reduce existing discriminatory laws.
(J. Bernas, S.J., The 1987 Constitution of the Republic of the Philippines, A Commentary.
(2011), p. 39).

The 1987 Philippine Constitution under Article 2, Section 11 mandates the State to
value the dignity of every human person and guarantees full respect for human rights.
It also mandates the State to ensure the fundamental equality before the law of women
and men.

In this regard, the 1987 Philippine Constitution, being the Supreme Law of the land,
neither discriminates nor prohibits, but rather ensure and value the equality between
women and men. Thus, Marriage under the Family Code of the Philippines should not
be restricted only between a man and a woman. Marriage is about the love and
commitment of two people, people who have made the choice to spend their lives
together. It is also a fundamental legal right and a personal choice not something that
should be restricted by the State. (Goodridge v. Department of Public Health, 798 N.E.2d
941, May 7, 2002.)

By reason of their sexual orientation and gender identity, same-sex couples are
prohibited from entering marriage. Thus, this bill, pursuant to Constitutional right of

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equal protection of the laws, proposes to allow same-sex couples to enter a marriage,
regardless of their sex.

In view of the foregoing, approval of this bill is highly and earnestly sought.

NIÑO JAY M. MAURIN

JOHN ERICSON M. ALO

JELL EFFIE WAJE

ANGELINE RODRIGUEZ

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SEVENTEENTH CONGRESS OF THE PHILIPPINES )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

SENATE
Senate Bill No. 3758

Introduced by:
SENATORS NIÑO JAY M. MAURIN, JOHN ERICSON M.
ALO, JELL EFFIE WAJE, ANGELINE RODRIGUEZ

AN ACT ESTABLISHING MARRIAGE EQUALITY FOR SAME-SEX COUPLES

AMENDING FOR THE PURPOSE EXECUTIVE ORDER NO. 209 OR THE FAMILY
CODE OF THE PHILIPPINES AND REPUBLIC ACT NO. 8552 OR THE DOMESTIC
ADOPTION ACT OF 1998, AND FOR RELATED PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:
CHAPTER 1
GENERAL PROVISIONS

Section 1. Short Title – This bill shall be known as Marriage Amendment Act of
2018.
Section 2. Declaration of Policy – It is hereby declared the policy of the State to
value and recognize the fundamental right of every person, regardless of sex, civil
status, ethnicity, color, sexual orientation, or gender identity, to be free from any
form of discrimination. Pursuant to this, the State shall ensure equal access to
marriage of same-sex couples who have mutual commitment to shared life,
without compromising the religious belief of the others.

CHAPTER 2
AMENDMENTS TO EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS
THE FAMILY CODE OF THE PHILIPPINES.

Section 3. Article 1 of Executive Order No. 209 is hereby further amended to

read as follows:

"Article 1. Marriage is a special contract of permanent union between two persons

regardless of sex of the contracting parties, entered into in accordance with law
for the establishment of conjugal and family life. It is the foundation of the family

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and an inviolable social institution whose nature, consequences, and incidents
are governed by law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage within the limits
provided by this Code.”
Section 4. Article 2 of Executive Order No. 209 is hereby further amended to
read as follows:

"Article 2. No marriage shall be valid, unless these essential requisites are

present:
(1) Legal capacity of the contracting parties who must either be male
and a male, a male and a female, or a female and a female; and
(2) Consent freely given in the presence of the solemnizing officer.”

Section 5. Article 3 of Executive Order No. 209 is hereby further amended to

read as follows:

"Article 3. The formal requisites of marriage are:

“(1) x x x;
“(2) x x x;
“(3) A marriage ceremony which takes place with the appearance of
the contracting parties before the solemnizing officer and their
personal declaration that they take each other as lawful spouses in
the presence of not less than two witnesses of legal age”

Section 6. Article 6 of Executive Order No. 209 is hereby further amended to

read as follows:

“Article 6. No prescribed form or religious rite for the solemnization of the

marriage is required. It shall be necessary, however, for the contracting
parties to appear personally before the solemnizing officer and declare in
the presence of not less than two witnesses of legal age that they take each
other as lawful spouses. This declaration shall be contained in the
marriage certificate which shall be signed by the contracting parties and
their witnesses and attested by the solemnizing officer.

“x x x.”

Section 7. Solemnizing Officers; Religious Freedom – The persons lawfully

authorized to solemnize marriage under Article 7 of Executive Order No. 209 shall
likewise be authorized to solemnize same-sex marriage.

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Nothing in this Act shall interfere with or regulate the religious practice of any
religious body. Any priest, rabbi, imam, or minister of any church, sect, or
religious body is free to choose whether or not solemnize a same-sex marriage.

Section 8. Article 22 of Executive Order No. 209 is hereby further amended to

read as follows:

"Article 22. The marriage certificate, in which the parties shall declare that
they take each other as lawful spouses, shall also state:
“(1) The full name and age of each contracting party;
“(2) x x x;
“(3) x x x;
“(4) x x x;
“(5) x x x;
“(6) x x x;
“(7) x x x.”

Section 9. Article 34 of Executive Order No. 209 is hereby further amended to

read as follows:

“Article 34. No license shall be necessary for the marriage of two persons
who have lived together as spouses for at least five years and without any
legal impediment to marry each other. The contracting parties shall state
the foregoing facts in an affidavit before any person authorized by law to
administer oaths. The solemnizing officer shall also state under oath that
he ascertained the qualifications of the contracting parties are found no
legal impediment to the marriage.

Section 10. Article 37 of Executive Order No. 209 is hereby further amended to
read as follows:

“Article 37. Marriages between the following are incestuous and void from
the beginning, whether relationship between the parties be legitimate or
illegitimate:
“(1) x x x;
“(2) Between siblings, whether of the full or half blood.”

Section 11. Article 45 of Executive Order No. 209 is hereby further amended to
read as follows:

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 “Art. 45. A marriage may be annulled for any of the following causes,
existing at the time of the marriage:

“(1) That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over but below twenty-one,
and the marriage was solemnized without the consent of the
parents, guardian or person having substitute parental authority
over the party, in that order, unless after attaining the age of
twenty-one, such party freely cohabited with the other and both
lived together as spouses;
“(2) That either party was of unsound mind, unless such party after
coming to reason, freely cohabited with the other as spouses;
“(3) That the consent of either party was obtained by fraud, unless
such party afterwards, with full knowledge of the facts constituting
the fraud, freely cohabited with the other as spouses;
“(4) That the consent of either party was obtained by force,
intimidation or undue influence, unless the same having
disappeared or ceased, such party thereafter freely cohabited with
the other as spouses;
“(5) x x x;
“(6) x x x.”

Section 11. Article 46 of Executive Order No. 209 is hereby further amended to
read as follows:

“Art. 46. Any of the following circumstances shall constitute fraud referred
to in Number 3 of the preceding Article:
“(1) x x x;
“(2) Concealment by the female spouse of the fact that at the time
of the marriage, she was pregnant by a man other than her spouse;
“(3) x x x;
“(4) x x x.”

Section 12. Article 55 of Executive Order No. 209 is hereby further amended to
read as follows:

“Art. 55. A petition for legal separation may be filed on any of the following
grounds:
“(1) x x x;

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 “(2) x x x;
“(3) x x x;
“(4) x x x;
“(5) x x x;
“(6) Contracting by the respondent of a subsequent bigamous
marriage, whether in the Philippines or abroad;
“(7) Sexual infidelity or perversion;
“(8) Attempt by the respondent against the life of the petitioner; or
“(9) Abandonment of petitioner by respondent without justifiable
cause for more than one year.

“For purposes of this Article, the term "child" shall include a child
by nature or by adoption.”

Section 13. The title of TITLE III of Executive Order No. 209 is hereby amended
to read as follows:

“RIGHTS AND OBLIGATIONS BETWEEN SPOUSES”

Section 14. Article 68 of Executive Order No. 209 is hereby further amended to
read as follows:

“Art. 68. The spouses are obliged to live together, observe mutual love,
respect and fidelity, and render mutual help and support.”

Section 15. Article 69 of Executive Order No. 209 is hereby further amended to
read as follows:

“Art. 69. The spouses shall fix the family domicile. In case of disagreement,
the court shall decide.
“x x x.”

Section 16. The title of TITLE IV of Executive Order No. 209 is hereby amended
to read as follows:

“PROPERTY RELATIONS BETWEEN SPOUSES”

Section 17. Article 74 of Executive Order No. 209 is hereby further amended to
read as follows:

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 “Art. 74. The property relationship between spouses shall be governed in
the following order:
“(1) x x x;
“(2) x x x;
“(3) x x x.”

Section 18. Article 87 of Executive Order No. 209 is hereby further amended to
read as follows:

“Art. 87. Every donation or grant of gratuitous advantage, direct or

indirect, between the spouses during the marriage shall be void, except
moderate gifts which the spouses may give each other on the occasion of
any family rejoicing. The prohibition shall also apply to persons living
together as spouses without a valid marriage.”

Section 19. Article 96 of Executive Order No. 209 is hereby further amended to
read as follows:

“Art. 96. The administration and enjoyment of the community property

shall belong to both spouses jointly. In case of disagreement, the
husband’s decision shall prevail, subject to recourse to the court by the
wife for a proper remedy, which must be availed of within 5 years from the
date of the contract implementing such decision. Provided, however, in
case of disagreement between same-sex spouse, the court shall decide.
“x x x.”

Section 20. Article 100 of Executive Order No. 209 is hereby further amended to
read as follows:

“Art. 100. The separation in fact between spouses shall not affect the
regime of absolute community except that:
“(1) x x x;
“(2) x x x;
“(3) x x x.”

Section 21. Article 102 of Executive Order No. 209 is hereby further amended to
read as follows:
“Art. 102. Upon dissolution of the absolute community regime, the
following procedure shall apply:
“(1) x x x;

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 “(2) x x x;
“(3) x x x;
“(4) The net remainder of the properties of the absolute community
shall constitute its net assets, which shall be divided equally
between spouses, unless a different proportion or division was
agreed upon in the marriage settlements, or unless there has been
a voluntary waiver of such share provided in this Code. For purpose
of computing the net profits subject to forfeiture in accordance with
Articles 43, No. (2) and 63, No. (2), the said profits shall be the
increase in value between the market value of the community
property at the time of the celebration of the marriage and the
market value at the time of its dissolution.
“(5) x x x;
“(6) x x x.”

Section 22. Article 106 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 106. Under the regime of conjugal partnership of gains, the spouses
place in a common fund the proceeds, products, fruits and income from
their separate properties and those acquired by either or both spouses
through their efforts or by chance, and, upon dissolution of the marriage
or of the partnership, the net gains or benefits obtained by either or both
spouses shall be divided equally between them, unless otherwise agreed
in the marriage settlements.”

Section 23. Article 109 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 109. The following shall be the exclusive property of each spouse:
“(1);
“(2);
“(3);
“(4) That which is purchased with exclusive money of either one of
the spouses.”

Section 24. Article 122 of Executive Order No. 209 is hereby amended to read
as follows:

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 “Art. 122. The payment of personal debts contracted by either one of the
spouses before or during the marriage shall not be charged to the conjugal
properties partnership except insofar as they redounded to the benefit of
the family.
“x x x
“x x x.”

Section 25. Article 124 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 124. The administration and enjoyment of the conjugal partnership

shall belong to both spouses jointly. In case of disagreement, the court
shall decide which must be availed of within five years from the date of the
contract implementing such decision.
“x x x.”

Section 26. Article 127 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 127. The separation in fact between spouses shall not affect the
regime of conjugal partnership, except that:
(1) The spouse who leaves the conjugal home or refuses to live
therein, without just cause, shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other
is required by law, judicial authorization shall be obtained in a
summary proceeding;
(3) In the absence of sufficient conjugal partnership property, the
separate property of both spouses shall be solidarily liable for the
support of the family. The spouse present shall, upon petition in a
summary proceeding, be given judicial authority to administer or
encumber any specific separate property of the other spouse and
use the fruits or proceeds thereof to satisfy the latter's share.”

Section 27. Article 147 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 147. When two persons who are capacitated to marry each other, live
exclusively with each other as spouses without the benefit of marriage or
under a void marriage, their wages and salaries shall be owned by them in

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 equal shares and the property acquired by both of them through their work
or industry shall be governed by the rules on co-ownership.
“x x x.
“x x x.
“x x x.”

Section 28. Article 150 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 150. Family relations include those:

(1) Between spouses;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or half-blood.”

Section 29. Article 152 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 152. The family home, constituted jointly by the spouses or by an

unmarried head of a family, is the dwelling house where they and their
family reside, and the land on which it is situated.”

Section 30. Article 154 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 154. The beneficiaries of a family home are:

(1) The spouses, or an unmarried person who is the head of a family;
and
(2) Their parents, ascendants, descendants, brothers and sisters,
whether the relationship be legitimate or illegitimate, who are living
in the family home and who depend upon the head of the family for
legal support.”

Section 33. Article 211 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 211. The parents shall jointly exercise parental authority over the
persons of their common children. In case of disagreement, the father’s
decision shall prevail. Provided, however, in case of disagreement between
same-sex spouses, the court shall decide.

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 Children shall always observe respect and reverence toward their parents
and are obliged to obey them as long as the children are under parental
authority.”

Section 34. Article 213 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 213. In case of separation of the parents, parental authority shall be

exercised by the parent designated by the court. The court shall take into
account all relevant considerations, especially the choice of the child over
seven years of age, unless the parent chosen is unfit.

No child under seven years of age shall be separated from the mother,
unless the court finds compelling reasons to order otherwise. In case of
the same-sex spouses, the court shall decide.”

Section 35. Article 225 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 225. The parents shall jointly exercise legal guardianship over the
property of their unemancipated common child without necessity of a
court appointment. In case of disagreement, the father’s decision shall
prevail, unless there is a judicial order to the contrary. Provided, however,
in case of disagreement between same-sex spouses, the court shall decide.
“x x x.
“x x x.
“x x x.
“x x x.”

Section 36. The title of TITLE XI, Chapter 2 of Executive Order No. 209 is hereby
amended to read as follows:

“Separation in fact between spouses”

Section 37. Article 239 of Executive Order No. 209 is hereby amended to read
as follows:

“Art. 239. When a spouses are separated in fact, or one spouse has
abandoned the other, and one of them seeks judicial authorization for a
transaction where the consent of the other spouse is required by law but

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 such consent is withheld or cannot be obtained, a verified petition may be
filed in court alleging the foregoing facts.

The petition shall attach the proposed deed, if any, embodying the
transaction, and if none, shall describe in detail the said transaction and
state the reason why the required consent thereof cannot be secured. In
any case, the final deed duly executed by the parties shall be submitted to
and approved by the court.”

CHAPTER 3
RIGHTS OF SAME-SEX SPOUSES

Section 38. Adoption Rights. – Same-sex spouses residing in the Philippines

who have the qualifications and none of the disqualifications may adopt if the
requirements for a valid adoption, as provided under the existing laws, are
complied with.
The fact of same-sex spouses shall not be considered as proof of bad moral
character.
Same-sex spouses shall have the same rights and privileges as that granted to
heterosexual spouses with regard for application of adoption.
The best interest and welfare of the child shall always be the paramount
consideration in deciding matters concerning the adoption of a child.

Section 39. Protection of Children in case of dissolution of Same-Sex

Marriage. – To protect the rights and interest of children in the event of
dissolution of same-sex marriage, the court shall consider the following factors
in so far as support for children, if applicable, is concerned;
(a) Basic Needs of Children;
(b) Standard of Living and Economic Circumstances of each same-sex
spouse;
(c) All sources of income and assets of each same-sex spouse;
(d) Earning ability of each same-sex spouse;
(e) Educational Need of the Children, including primary, secondary, and
tertiary education;
(f) Age and health of child and same-sex spouse;
(g) Reasonable Debts and Liabilities of each child and same-sex spouse;
(j) Any other facts as it may deem reasonable and just;

The obligation of the same-sex spouse to give support for the child who has not
been emancipated by the court shall not terminate solely based on the child’s age

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 if the child suffers from a severe mental condition that causes child to be
financially dependent on them. Further, their obligation shall continue until the
court finds that the child is relieved from the mental condition or is no longer
financially dependent.

Section 40. Support Pendente Lite. – In all actions brought for dissolution of same-
sex marriage, legal separation, or annulment of marriage, the court may provide for
support pendente lite. In so doing, the court shall consider the following factors, among
others;
(a) The actual need and ability of the same-sex spouse to pay;
(b) The duration of their marriage;
(c) The age, physical, and emotional of the same-sex spouse;
(d) The earning capacities of the same-sex spouse;
(e) The employment status of the same-sex spouse;
(f) The parental responsibilities for their children;
(g) Any other factors as it may deem just and reasonable.

Dissolution of same-sex marriage shall not prejudice the right of children to legitimes
under the New Civil Code of the Philippines.

CHAPTER 5
PROHIBITION AND PENALTIES

Section 41. Prohibition and Penalties. – The following acts shall be prohibited:

(a) Any person who knowingly or willfully refuses to issue marriage license for the
same-sex couples despite being authorized to so; denies rights and benefits
entitled to the latter; or commits unlawful or any discriminatory acts against the
latter, shall be penalized by a fine of not less than Fifty Thousand Pesos
(P50,000.00) but not more than One Hundred Thousand (P100,000) or
imprisonment of not less than six (6) months but not more than four (4) months,
or both, at the discretion of the court; or

(b) Any authorized solemnizing officer, as provided under Executive Order No.
209, who knowingly or willfully refuses to solemnize marriage of the same sex,
except for the priest, rabbi, imam, or minister of any church, sect, or religious
body, shall be penalized by a fine of not less than Fifty Thousand Pesos
(P50,000.00) but not more than One Hundred Thousand (P100,000.00) or
imprisonment of not less than six (6) months but not more than four (4) months,
or both, at the discretion of the court.

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 If the offender in subparagraphs (a) and (b) of this section is a public officer,
prosecution under this act shall be without prejudice of filing an administrative
case against the public officer under other existing laws.

Section 42. Separability Clause. – If, for any reason, any section, or provisions of this
Act is declared unconstitutional or invalid, the other sections or provisions which are
not affected shall continue to be full force and effect.

Section 43. Repealing Clause. – Pertinent provisions of the Executive Order No. 209,
as amended, the Civil Code of the Philippines, as amended, and the Domestic Adoption
Act of 1998, which are inconsistent with the provisions of this Act are hereby amended
accordingly. All other laws, decrees, executive orders, proclamations, rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are also hereby
amended or repealed accordingly.

Section 44. Effectivity. – This act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,

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