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CIVIL PARTNERSHIP ACT: “We are Valid”, Legalization of Same-

Sex Civil Union in the Philippines

WHY THE TITLE?


Civil partnership is about the call for equality, non-discrimination and legal
cognizance of responsibility to enjoy and to contribute in nation building.
There are a lot of people advocating this civil partnership and mostly members of the
so-called LGBT (Lesbian, gay, bisexual and transgender). The legal challenges
being faced by the LGBT is not about the pursuance of marriage between same sex.
It is more on the equality, non-discrimination and what this civil partnership and
responsibility can do for the youth and the society as a whole. Legalization means
registering a civil partnership in order to give the relationship legal recognition on
matters of legal rights and responsibilities. By then, a civil partnership is a legal
relationship which can be registered by two people who are not related to each
other, and could be ended if one of the civil partners die, or by applying to court to
bring the partnership legally to an end.

THE LEGAL PROBLEM


The Philippines does not offer any legal recognition to same-sex marriage, civil
unions or domestic partnership benefits.
Family is the first unit of society. It is where the members initiate and the very
foundation of individual’s character that makes up the whole society, and the nation
as a whole.
With such recognition of civil partnership as a legal relationship, the civil partners can
adopt children. The criteria should always consider the capacity and capability of
civil partners financially, physically and emotionally. We cannot deny the fact that
mostly transgender people are financially capable and responsible. Although our
orientation is in a culture of marriage between a man and a woman, as legally
recognized by the law and the Church, still, there are a lot of broken families. And,
the niche of the victim children of such broken families are the group or things that
will accept them. Giving a hand, sometimes means responsibility. However,
responsibility by heart is not recognized by law which in turn, end to the hands of the
lawful parents. This is the law! But we can make a difference by presenting the fact
that even responsible individuals can be worthy of being a lawful parent. From
legalization of the civil partnership, family affairs like adoption of children can be
granted to those who can accept the responsibility. Giving the youth a better future.
Another thing is the wealth, which is something traditionally inherited from parents or
relatives, and not from anybody else, otherwise, it is donation. However, the law
also provides for donation between family members and strangers. So be it in civil
partnership. Currently, SSS, GSIS or other similar insurance agencies where
employees can transfer the benefits which are tax-exempt, by way of death or as
minors of the employees, are restricted only to the legal heirs and hierarchy of
preference. Before, SSS recognizes only the legitimate children, up to 4 children of
the deceased member. Presently, if the deceased member has existing children out
of wedlock or the illegitimate, they will be allowed by SSS to claim by first come, first
serve basis. So be it with civil partnership. The bottom line is always for the
common good which is equality and non-discrimination. And such can be achieved
only by legal recognition of civil partnership.

THE BACKGROUND
According to the American College of Obstetricians and Gynecologists, lesbian, gay,
and bisexual are terms that describe a person’s sexual orientation. This is a
person’s emotional, romantic, or sexual attraction to other people. Most people are
told they are a boy or a girl (male or female) based on the genitals they were born
with. This is the sex you are assigned at birth. If someone is transgender, that male
or female label does not match their gender identity. Transgender people have a
gender identity or gender expression that differs from the sex that they were
assigned at birth. Some transgender people who desire medical assistance to
transition from one sex to another identify as transsexual (Wikipedia). In history,
there has been existence of such kind of people, and according to the international
research, 10% of the world's population are theoretically part of the LGBT
community, out or not, including as many as 12 million Filipinos who may experience
discrimination based on who they are. This has led to the rise of the cause for LGBT
rights, defined as the right to equality and non-discrimination.
In here, we are focusing on the same-sex civil union, the legalization of civil
partnership, and the people advocating and of people of direct interest do really exist
and already promoting this in Congress. Hence, “We are valid!”
There are things needed to legalize the civil partnership:
1. Civil partners qualification
2. Pre-registration agreement
3. Family matters on Adoption, Names, Sexual Relations
4. Family’s financial matters – banking, taxes, etc.
5. Family affairs – housing, education, domestic violence, etc.
6. Family succession – inheritance, death, insurance, benefit claims, pensions,
etc.
7. Financial Support and Medical

The research is in status quo and will be updated for more updates from Congress
and other write ups, surveys which will be an integral part of promoting the
legalization of civil partnership in the Philippines.

GROUP 1 MEMBERS:
1. Celespara, Joey
2. De Guzman, Catherine
3. Del Rosario, Christian
4. Poblete, John Dominique

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