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Opinion

Kudos to the SC: A big no to same sex marriage

SHOOTING STRAIGHT - Bobit S. Avila - The Philippine Star

Yesterday was the 90th birthday in heaven of my friend, mentor and publisher of Philippine STAR, the late Maximo V. Soliven who already left us 13 years ago. As a columnist, I was considered lucky to be trained by the “Dean of Columnists” in the Philippines. It is a fact that the title of my column “Shooting Straight” was coined by Sir Max including the title of my TV Talkshow “Straight from the Sky” that he dubbed 19 years ago. Whenever I write on very important topics, one question that always enters my mind is, “What would Sir Max say about this issue?” At this point, allow me to request our pious to please pray for the repose of the soul of Max Soliven.

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Remember that highly controversial SOGIE (Sexual Orientation and Gender Identity and Expression) bill? Well, apparently the Supreme Court (SC) voted in a 15-0 vote to deny the petition seeking to legalize same-sex marriage in the Philippines. What can I say, but congratulations to the SC for stating its ground that what God has ordained, no human law can break when it comes to marriage between a man and a woman. But with today’s liberalism ideas, many nations no longer give God any importance in their lives and people succumb to what new ideas have come forward even if those ideas are wrong.

SC spokesman Brian Keith Hosaka said that the SC dismissed the petition for certiorari and prohibition filed by lawyer Jesus Nicardo Falcis III who asked the high court to declare unconstitutional Articles 1 and 2 of the Family Code, and nullify Articles 46 (4) and 55 (6) of the same code.

Articles 1 and 2 state that only marriages between a man and a woman are valid. Fortunately, thanks to our Christian nation, our Constitution still recognizes God within our midst. Unfortunately even in the United States, they no longer pray to God in public schools.

The SC said that the decision, penned by Associate Justice Marvic Leonen, recognizes the history of discrimination and marginalization experienced by those belonging to the lesbian, gay, bisexual, transgender, queer, intersex, and other gender and sexual minorities (LGBTQI+) community, along with their still ongoing struggle for equality. The SC also acknowledged that same-sex couples may insist their right against discrimination, but it said the matter should be addressed to Congress.

Allow me to bring to mind that two years from today is the 500th anniversary of the Christianization of the Philippines, which will be celebrated in Cebu and hopefully Pope Francis would attend this very historic event in Christianity. With this SC decision, we can tell the whole world that the Philippines have kept marriage between man and a woman as ordained by God himself.

Still on the issue about the Supreme Court, many pundits apparently agree that job of the SC to finally resolve the issue of whether nearly 2,000 convicts released under an invalidated interpretation of a law can be herded back to prison as suggested by Justice Secretary Menardo Guevarra. Mind you, inmates convicted of heinous crimes from the years 2014 to 2019, 1,914 have been released under the GCTA law, which allows the reduction of prisoners’ sentences based on good behavior.

However no less than President Rodrigo Duterte and other lawmakers, including Senate Minority Leader Franklin Drilon, and Senators Christopher Go and Panfilo Lacson want the freed convicts to return to prison as the Department of Justice (DOJ) corrected the Bureau of Corrections (BuCor)’s interpretation and application of the law.

Under the GCTA law or Republic Act 10592, Sen. Lacson noted that the BuCor director, Bureau of Jail Management and Penology chief, and/or the warden of a provincial, district, municipal or city jail are allowed to grant allowances for good conduct. I have talked with many legal luminaries who believe that Congress should have created Republic Act 10592 but not give the decision to free those prisoners to the BUCOR, but to the Judiciary, the third branch of the government.

Meanwhile I read on the news that Pres. DU30 is set to fire Bureau of Corrections (BuCor) Chief Nicanor Faeldon if he is found to have committed serious lapses in ordering the release of rape and murder convict Antonio Sanchez, drug traffickers and other high-profile prisoners like the three convicts that kidnapped, raped and murdered the Chiong sisters of Cebu.

PACC Commissioner Greco Belgica said the commission would also quiz Faeldon and other officials on GCTA implementation. Even Congress when this law was passed should have been cognizant of the Judiciary as the main proponent in releasing prisoners for good conduct or behavior. They forgot that the BUCOR belonged to the Executive Branch of the government, not the Judiciary, which has the sole purpose of dispensing justice to our people.

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Email: [email protected] or [email protected]

MAXIMO V. SOLIVEN

SAME SEX MARRIAGE

SOGIE BILL

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