Same Sex Marriage

Introduced by Senator Miriam Defensor Santiago

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EXPLANATORY NOTE

The Family Code, Article 26 expressly provides that, except for marriages

prohibited under Articles 35 (I), () (5) and (6), 36, 37 and 38, marriages solemnized

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abroad and are valid there as such, are recognized as valid here, As a general rule

therefore, the Philippine follows the lex loci celebrationis rule.

For this reason, same-sex marriages legally celebrated abroad would be considered

valid here since Article 26 does not include the requirement that the parties have to be a

man and a woman. This requirement is not one of the exceptions to the general rule.

Article 26 is a special provision. Thus, inclusion unizii est exclusio alterius. But

Article 26, as it is currently worded, conflicts with the general provisions of the Family

Code.

Marriage is a union founded on the distinction of sex. That contracting parties

must be of different sex is, in fact, a requirement under the provisions on legal capacity.

Accordingly, this

presumption, until

relationships.

bill seeks to

amend Article 26 to remove a misleading

society changes attitude while exhibiting compassion for same-sex

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mi :XI

THIRTEENTH CONGRESS OF THE REPUBLIC)

OF TKE PHILIPPINES

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1

First Regular Session

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Introduced by Senator Miriam Defensor Sadtiago

AN ACT

AMENDING THE FAMlLY CODE OF THE PHILIF’PINES, ARTICLE 26

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

assembled,

SECTION 1. The Family Code, Article 26, is hereby amended to read as follows:

“All marriages solemnized outside the Philippines in accordance

with the laws in force in the country where they were solemnized and valid

there as such, shall also be valid in this country, except SAME-SEX

MARRIAGES AND those prohibited under Articles 35 (l), (4), (5) and

(6), 36,37 and 38.

When a marriage between a bilipino citizen and a foreigner is

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validly celebrated and a divorce is vtlidly obtained...