October 23, 2018

JHUNIVEN C. ORANTES LLB-1B

LEGAL RESEARCH / LEGAL WRITING
FINAL EXAMINATION
Legal Opinion on Same Sex Marriage

Philippines is not the country for same sex marriage.

Article 1 of the Family Code states that:

“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.”

This is the first sentence of the Article 1 of the Family Code

that lays the definition of marriage is very clear that it should
exclusively be between man and woman.

While it is true that that the Constitution, as the highest

law of the land, is silent on the composition as to sexes of
parties to marriage on Article XV, Section 2 which states that:

“Marriage, as an inviolable social institution, is the

foundation of the family and shall be protected by the
state”,

The silence of the Constitution in such matter does not

signify that it allows same sexes homosexually marry.

In fact, in one of his commentaries on the book “The

1987 Constitution of the Republic of the Philippines: A
Commentary”, Justice Joaquin G. Bernas stated that:

“The family is to be understood as a stable

heterosexual relationship whether formalized by civilly
recognized marriage or not.”

It is thus far clear in Article II, Section 12, declares that:

“The state recognizes the sanctity of family life and

shall protect and strengthen the family as the basic
autonomous social institution.”

1
 Obviously, the framers of the Constitution intended to
preserve the sanctity of the family life where a family should
adhere to its sacredness as a gift given by God. Its nature
should not be changed due to human idiosyncrasy or whatever
reasons that may impair its holiness.

Thus, it is crystal-clear that parties in marriage should

be that of the opposite sex.

To conclude, Philippines is a country where the

inhabitants, despite its cultural differences, whether
Christian, Muslim or Lumad, are one in belief and faith that
Marriage should only be between man and woman. This
opinion is conversely supported by the Constitution itself
through the aforementioned facts.