MANILA, Philippines — Petitioner and lawyer Jesus Falcis III said that same-sex couples lose access to a “bundle of legal rights” because the state will not recognize their unions.
Associate Justice Marvic Leonen, who was first to grill Falcis in open court, asked: “Is it possible to love, to promise, to commit, to have children, to have intimate relations outside of marriage?”
Falcis answered in the affirmative, but stressed that there are “contracts and stipulations that will not be allowed unless you are married because they are contrary to law.”
The lawyer, is asking the SC to declare parts of the Family Code that prohibit same-sex marriage unconstitutional, cited as example insurance inheritance from the SSS and GSIS that can only be given to a spouse and next of kin.
Falcis also said that heterosexual couples have the option to marry or not but LGBT couples do not.
“As Filipinos, as taxpayers, as human beings with dignity, the constitution requires that their rights be guaranteed as well,” he stressed.
De Castro: Petition could affect Revised Penal Code
Associate Justice Teresita De Castro, meanwhile, stressed that should the SC grant Falcis’ petition, provisions of the Revised Penal Code will be affected.
De Castro cites possible issues that may arise should same-sex marriage be allowed such as on concubinage and adultery. She added issues may also arise on the “the right to property relation, choose their home, purchase property, adopt children and raise them as parents.”
“If they come to court and there is no law to guide the judges, how will the judges decide?” the justice pressed.
Falcis replied that while he recognizes that difficulty would arise if the prayer of his petition is granted, the Civil Code and the constitution will guide the judges.
De Castro said Falcis that if they will be given the opportunity to file a memorandum, the petitioners should detail why they are pushing for a "marriage between same-sex couples" instead of a "civil union."
Acting Chief Justice Antonio Carpio adjourned the session before 6:00 p.m. and set a second day of oral arguments on June 26 at 2:00 p.m.
Solicitor General Jose Calida is expected to defend the government’s position at the hearing next week.