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CHAPTER I. INTRODUCTION 1.1
Introduction and Method of Research In the Philippines, marriage is understood as a special contract of
permanent union of man and a woman, and the foundation of the family whose nature, consequences and incidents are governed by law.1 A definition recognized by the law which eventually become one of the roots of arguments and controversies when the Filipino homosexuals or the society of “third-sex” raised their equal rights to marry. In the late twentieth century, debates about the legalization of same sex marriage around the world has been publicly noticeable in view of the strong opposition of Christianity as they consider it as morally wrong. However in 2000, Netherlands granted religious rites of marriage and legal recognition to Lesbian, Gay, Bisexual, and Transgender (LGBT) Community. In light of its decision, 20 other countries namely Belgium (2003), Canada (2005), Spain (2005), South Africa (2006), Norway (2009), Sweden (2009), Argentina (2010), Iceland (2010), Portugal (2010), Denmark (2012), Brazil (2013), England and Wales (2013), France (2013) New Zealand (2013), Uruguay (2013), Luxembourg (2014), Scotland (2014), Finland (2015,
1 Sta. Maria, Melencio S., “Persons and Family Law”
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effective 2017), Ireland (2015) and United States of America (2015) legalized marriage for same sex couples.2 Though few more countries are in the process of assessing legitimizing same sex marriage, still, majority of these countries doesn’t recognized reformation of marriage in their Constitution. And this include the Philippines. Philippines is a predominantly Catholic country which holds a huge influence in the society. Religious heritage and embraced principles in view of morals made majority of the Filipino people conservative democrats especially in matters concerning marriage. In fact, three anti-same sex marriage bills has been introduced in 2006 followed by the 2011 proposed House Bill 4269 which objective is to expand Article 26 of Family Code exceptions of valid marriages solemnize outside the Philippines by including "prohibited marriages" encompassing same sex marriage. Several of gay rights organizations opposed the idea contending marriage as a human right based on love shared between two human hearts and not two sets of genitalia.3 Ladlad Partylist, a political party advocating LGBT rights in the
2 21 Other Countries Where Same-Sex Marriage Is Legal Nationwide, available from http://time.com/3937766/us-supreme-court-countries-same-sex-gay-marriage-legal/ 3 Discriminatory Amendment Proposed by Bohol Representative, available fromhttp://progressph.blogspot.com/2011/06/discriminatory-amendment-proposedby.html
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country, says its legalization would laid down anti-discrimination and prejudice to LGBT couples.4 However, even after the Partylist took their hopes up as United States granted legalization of same sex marriage, the Philippine government remained mum on the issue granting nothing on the party’s plea. Marriage rights and marriage equality created different opinions resulting unprecedented division towards the Philippine society. Number of factors of pros and cons questions constitutionality if whether or not same sex marriage will prevail in the country. Therefore, this research will create both Qualitative and Quantitative Research in identifying positive and negative aspects of same sex marriage in the Philippines.
1.2
Importance of the Study Marriage in the Philippines is one of the most important features in
life. It constitutes legal benefits, marital obligations, holds the symbol of commitment in relationships and even psychological benefits. In line with this, marriage also constitutes equality beyond the realm of married life of opposite sex but also same sex couples. This study will enlighten the 4 PH LGBT advocates welcome US legalization of gay marriage, available fromhttp://mobile.abs-cbnnews.com/lifestyle/06/27/15/ph-lgbt-advocates-welcome-uslegalization-gay-marriage/
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importance of marriage and how it actually relates to the status quo of the LGBT community in the Philippine setting. Also, the study will also identify the impact of same sex marriage legalization within the Philippine laws by highlighting mainly the advantage and disadvantages upon its possible implementation.
1.3
Statement of the Problem In the Philippines, the debated topic of same sex marriage garnered
attention as LGBT community continuously fight for their rights and raise their concerns against discrimination and inequality. The conflicting scheme of same sex marriage to Philippines Laws and the opposing contentions of the Catholic Church are the main hindrances observed against the appeal of its legalization in the country. In light of United States, an allied country of the Philippines, that recently recognized gay marriage throughout the 50 states of America, were the hopes of Philippines’ LGBT’s plea of approving the constitutionality of same sex marriage. Its adoption in the United States clearly made a huge mark of change in their constitution especially in the sense of rights and benefits in the eyes of the law. However the question is, in the legal sense, is the Philippine Law ready for a change?
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1.4
Scope and Delimitation of the Study The study is concerned with the Same Sex Marriage issue in the
Philippines – if such is a legal right that LGBT community deserve to have. It also touches on the importance of marriage, its benefits and definition in terms used by the Philippine Laws, the advantage it can make in the country and its significance to the rights of LGBTs. The study mainly spotlights the constitutionality of legalizing same sex marriage in the Philippines comprising LGBT rights against inequality and discrimination. Facts contained herein are limited to secondary data such as news articles, books, international and local literatures and internet web sources released by educational institutions, academes and authors of law. The data collected from the secondary data serves only as representative and not to generalize as whole, to provide insights for future policy making and research directions. Nevertheless, the study may still be a turning point for the general public.
1.5
Definition of Terms
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A.) Homosexual -- a person, regardless of sex, who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts, and includes the terms “gay” and “lesbian”.5 B.) Homosexual Act -- any bodily contact, actively undertaken or passively permitted, between members of the same sex for the purpose of satisfying sexual desires; and any bodily contact which a reasonable person would understand to demonstrate a propensity or intent to engage in homosexual conduct.6 C.) Gay -- male homosexual.7 D.) Legalization -- authentication or certification by an appropriate public authority to make something lawful. It may also be called legitimation.8 E.) Lesbian -- female homosexual.9 F.) Marriage -- a legal contract entered between a man and woman intending to become husband and wife. Marriage creates a legal
5 Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/ 6 Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/ 7 Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/ 8 Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/ 9 Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
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relationship between husband and wife with rights and obligations governed by law.10 G.) Relationship -- an emotional or other connection between people.11 H.) Same Sex Marriage -also known as gay marriage or a homosexual marriage. This kind of marriage is a ceremonial union of two people of the same sex; a marriage or marriage-like relationship between two women or two men.12 I.) Transgender – person expressing gender different from sex at birth.13 CHAPTER II. CONTEMPORARY STUDIES AND LITERATURE RELATED TO THE PRESENT STUDY
Philippines belief in marriage is mostly in lined with morals and cultural aspects in which, majority of its principles embraced were taught through Christianity. Family Code in the Philippines also defined marriage as union of man and woman which renders same sex unions not binding in the eyes of law and constitutes no legal effect in terms of marital obligations 10 Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/ 11 Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/ 12 Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/ 13 Legal Definitions and Legal Terms Defined, available from http://definitions.uslegal.com/
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and family life. However, unlike Philippines, other countries viewed marriage as a legal right of human thus its legalization is a must and not a privilege. Mircea Trandafir of Université de Sherbrook and GREDI conducted a study in November 2009 entitled "The effect of same-sex marriage laws on different-sex marriage: Evidence from the Netherlands". Netherlands is the very first country that legitimized same sex marriage in 2000. According to her research, same-sex registered partnership does not affect different-sex marriage negatively and the availability of an alternative institution increases the different-sex union rate. This suggests that there might be no negative effects on the institution of marriage from allowing same-sex couples access to an institution that grants the same rights as marriage but does not carry its traditional meaning. And second, granting different sex couples access to an alternative institution to marriage increases the different-sex union rate, extending the economic and social benefits of marriage to a larger group of individuals.14 Ireland, one of the recent countries that recognized same sex marriage, raised their legal perspective of same sex unions and their nods 14 Trandafir, Mircea, “The Effect of Same-Sex Marriage Laws on Different-Sex Marriage: Evidence from the Netherlands” , Universite de Sherbrooke November 2009
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over the rights of the LGBTs. Moninne Griffith's "The Case of Marriage Equality in Ireland" raised political and radical concerns in matters involving same-sex marriage. With the same insights with Netherlands, Irish people stated that lifting the marriage ban for same sex couples will not damage the institution of marriage. Marriage is defined as love, commitment and caring for our loved ones which lesbian and gay couples doesn’t want to change simply because what they only want is to have access to it. And even though Civil Partnership exists, civil marriage was still pushed through as it partakes huge difference in terms of legislative, constitutional, policy, and social stigma. In terms of family and child relationship, 30 years of scientific research proves that children growing up with lesbian and gay parents turn out just fine and have found no significant developmental differences between them and children with heterosexual parents in their intelligence, psychological adjustment, social adjustment, popularity with friends, development of social sex role identity or development of sexual orientation. Also, Ireland advocates equality in the eyes of law. UNICEF even stated that “All people regardless of race, gender, religious belief or sexual orientation should be entitled to the same protection and privileges under the law.” With all these contentions, Ireland clearly defined same sex marriage as an absolute legal right. Justice Sachs
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of the South African Constitutional Court also noted “The exclusion of same-sex couples from the benefits and responsibilities of marriage, accordingly is not a small and tangential inconvenience… it represents a harsh if oblique statement by the law that same-sex couples are outsiders, and that their need for affirmation and protection of their intimate relations as human beings is somehow less than that of heterosexual couples...” 15 Continuous debates still exist opposing marriage. Several countries face disputes and discussions in regard to the LGBT rights followed by protest of the members of the latter. "Same-Sex Marriage and Legalized Relationships: I Do, or Do I?" of Esther D. Rothblum highlighted some of the questions proving the importance of same sex marriage. According to her, the increasing salience of legalized same-sex couples raised political issues even within LGBT communities. Some of her contentions are "How representative are same-sex couples in legal relationships of lesbian and gay male couples in general?", "Should LGBT communities be advocating for institutions such as marriage?", "How can we question such laws without coming across as reactionary?" and "How can same-sex couples serve as a model of equality for heterosexual couples?"16 15 Griffith, Moninne, "The case of Marriage Equality in Ireland" 16 Rothblum, Esther D., “Same-Sex Marriage and Legalized Relationships: I Do, or Do I?”
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It is true that both pros and cons have legal basis and points with their own contentions regarding same sex marriage. Now, the next question in line is, in the existence of these powerful arguments, what are the challenges that Philippines faces in finally adopting same sex marriage?
CHAPTER III. GLANCE AT STANCE OF COUNTRIES RECOGNIZING SAME SEX MARRIAGE Netherlands is the very first state that recognized Same Sex Marriages. According to the reports of statistics in Netherlands, the number of homosexual and lesbian couples living together totalled 57 thousand in 2010 where in 14,813 of them had same sex marriage, in which 7,522 were female and 7,291 were male.17 One in three couples had their relationships officially registered and nearly 11 thousand couples were married and more than 61 thousand had registered partnerships.18 There have been 1,078 same‐sex divorces, 734 (two‐thirds) of them by female couples.19 The title of married partners for same sex couples gave them the advantage of building 17 Duncan, William C., "The Tenth Anniversary of Dutch Same-Sex Marriage: How is Marriage doing in the Netherlands?", from iMAPP Research Brief Vol., 4, No. 3, May 2011 18 Statistics Netherlands, “Number of Registered Partnerships Grew Further in 2010” March 15, 2011, available from http://www.cbs.nl/en‐ GB/menu/themas/bevolking/publicaties/artikelen/archief/2011/2011 3331‐wm.htm
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their own family. One of this is the automatic joint parental authority over common children only in the following circumstances: 1. For gay marriage, a consent from the mother of the child is needed; 2. For lesbian marriage, a mother must be one of the couple.20 In addition, they also extend the right of adoption for same-sex couples. Article 277 of Civil Code of Netherlands provided that they allow adoptions, except Intercountry adoptions, of same-sex partners (whether married, registered as partners, or neither) of their civil status or gendercombination, as long as the partners have lived together for three years.21 This rights made equal treatment between different-sex couples and samesex couples in terms of privileges in having children. The discrimination of capacity of raising a child by same-sex couples diminishes, and has been proven to have nothing different from how different-couples raises their
19 “Ten Years of Same‐Sex Marriage: A Mixed Blessing” Radio Netherlands Worldwide April 2, 2011, available from http://www.rnw.nl/English/article/ten‐years‐ same‐sex‐ marriage‐a‐mixed‐blessing. 20 Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and Registered Partnership for Different-Sex and Same-Sex Partners in the Netherlands" The Netherlands 21 Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and Registered Partnership for Different-Sex and Same-Sex Partners in the Netherlands" The Netherlands
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child. In regards to their properties and debts, under their Private laws, each partner are considered to have joint property and considered joint debt. As for property taxes and income taxes, the couple may also take advantage of lower tax rates in certain circumstances which depends on their monthly earnings and salary as individuals. Article 5 of Wet Inkomstenbelasting 2001 provided income tax legislation which assumes that when there is 4% profit on savings and investments, a 30% tax is imposed on this 4% profit. The fact that a relationship can result in a lower property tax follows, no tax is imposed over the first circa EUR 19.000 owned. This changes in marriage, in which registered partnership or informal cohabitation, such amount can be doubled for one of the partners if the other partner is willing to forgo that tax-free threshold. If the latter owns less than circa EUR 19.000, this will result in a lower tax for the couple as a whole.
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Same-sex couples are also entitled with other legal
consequences that different-sex couples have. Among these are entitlement of statutory protection against other partner violence and abuse, legality of organ donation to partner, legally obtaining citizenship of foreign partners and their residence permit with restrictions, and even with testamentary 22 Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and Registered Partnership for Different-Sex and Same-Sex Partners in the Netherlands" The Netherlands
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succession. They have also raised the Anti-Discrimination Legislation which prerogative is to prohibit discrimination on many grounds, including sexual orientation and civil status against employers and service providers. According to the text of Article 7, almost all forms of commercial, professional or public provision of services are covered, including services provided by institutions in the field of housing, welfare, health care, culture and education.23 In the year of 2005, a legal recognition of marriage for same-sex union has also been held in Canada. The legal concept of marriage in Canadian law is the “union of one man and one woman to the exclusion of all others” which existed since the birth of Confederation.24 The oppositesex requirement for marriage, however, has been the root of debates in 2002 stating that marriage has legal consequences, which includes range of benefits and obligations under federal law and under provincial and territorial law as it covers many aspects such as social, religion, emotional and financial matters and others. Series of court decisions has held that most benefits and obligations available to married couples should be 23 Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and Registered Partnership for Different-Sex and Same-Sex Partners in the Netherlands" The Netherlands 24 Department of Justice Canada, "Marriage and Legal Recognition of Same-sex Unions" Ministere de la Justice Canada, November 2002.
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extended equally to other couples in a conjugal or marriage-like relationship, including same-sex couples. The LGBT community raise their plea seeking balance between individual autonomy and protection of vulnerable partners. The argument ended peacefully through Civil Marriage Act in 2005 which upholds the right to equality without discrimination requiring couples of the same sex and couples of the opposite sex to have equal access to marriage for civil purposes.25 The same-sex couples were finally allowed to share intimacy and companionship, was permitted to societal recognition of relationships, equal distribution of economic benefits, obligations and responsibilities, blended families, and supported procreation and child-rearing. There was also a vast change in social values, including the religious values in Canada. Significantly, various religious communities supported same-sex marriage and their right of marriage without touching any disrespectful manner in their certain religious beliefs.26 Opposite-sex definition of civil marriage, according to Canadian Bar Association, change the perception of the Canadian citizens, as it was observed that it no longer reflects to a kind
25 Civil Marriage Act, available from http://laws-lois.justice.gc.ca/eng/acts/c-31.5/page1.html 26 Canadian Bar Association, "Submission on Bill C-38: Civil Marriage Act" June 2005
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of nature of a diverse, multicultural and multi-faith society. The passage of the Civil Marriage Act of 2005 made unity within the state of Canada, which somehow surpassed the previous enormous discrimination of samesex couples and gender inequality. The only firm conclusion to be drawn from these studies shows inexistence of negative impacts of passage of same-sex marriage in Netherlands and Canada. Purely, equality is the main concern raised by both states to finally approve the petition of same-sex couples towards a legal recognition of marriage. Both may have experienced flurry of gay marriage lawsuits, debates and arguments due to divided hearts of legislators and citizens in the subject of same-sex marriage, yet what prevails was shown to be in favor of the prayer of the majority. The immediate effects of law amendments has been outdone in the long run, following social, economic and legal changes in the society.
CHAPTER IV. LEGALIZING SAME SEX MARRIAGE IN THE PHILIPPINES The euphoria over United States Supreme Court decision in legalizing same-sex marriage made people around the world change their social media sites’ picture of rainbow filtered photos --which includes the
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Philippines. Philippines has a strong and ongoing debate of legality of marriage towards same-sex couples. The religious principles, culture and social acceptance, and marriage provisions of the Family Code of the Philippines were the main hindrances that dismisses the petition of LGBT community in the country of making same-sex couple relationships legal in the eyes of law. United States, a close ally of Philippines also went through to these kind of arguments before passing their marriage recognition among same-sex couples in the year 2015. The opposing opinion in the subject of same sex-marriage was discussed and heard in various proceedings in United States’ Supreme Court, which was later on, set aside by the latter. US Congress passed the Defense of Marriage Act of 1996, signed by President Bill Clinton, or also known as the law prohibiting federal recognition of same-sex marriages which reads as follows; "In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife."27
27 Defense of Marriage Act, One Hundred Fourth Congress of the United States of America, January 1996
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Gay marriage, however, was allowed by the state constitution of Massachusetts in 2003, following its distribution of marriage licenses. This action built the confidence of other states to pass gay marriage bans against those who are working to allow same-sex unions, either by court order or legislation. In 2008, California created a high-profile ban by referendum and when 2013 came, US Supreme Court was challenge to defend the provisions of Defense of Marriage Act. The consideration of whether or not states were constitutionally required to issue marriage licences and if states were required to recognize same-sex marriages were few of the matters tackled. Thirty-six (36) states, by this time, released marriage licenses to same-sex couples using the marriage laws established by them. In the year of 2013, Supreme Court ruled the case of United States vs. Windsor, which perspective impliedly bashed the gay marriage bans, when the court overturned the Defense of Marriage Act, which barred the federal government from recognizing same-sex marriages. Under Defense Marriage of Act, individuals in same-sex marriages were ineligible for benefits from federal programmes such as the Social Security pension system and some tax allowances if their partners died. Afterwards, the legality of marriage in United States expanded in 2014 when Supreme Court chose not to hear appeals against lower court rulings that had
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overturned same-sex marriage bans. They argued that the Supreme Court should strike down a state law, called Proposition 8, which stated that marriage is between a man and a woman. The law, approved by California voters in 2008, overrode a state Supreme Court decision that allowed for same-sex marriage. At this point, United States must grant marriage licences to gay and lesbian couples and recognise marriages that have taken place in other states.28 Philippines, on the other hand, still have the continuous deliberations pertaining to same-sex marriage. Its question of legality divides the citizens of the country of whether or not, the approval of such would be worth it to amend in the current Family Code of the Philippines which defined marriage as follows; “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. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the
28 How Legal Tide Turned on Same-Sex Marriage in the US, available from http://www.bbc.com/news/world-us-canada-21943292
20 property relations during the marriage within the limits provided by this Code.”29
It was clearly expressed and indicated in the text of the law that marriage is exclusively for the union of man and woman. It therefore, impliedly states that same-sex marriage is not binding in the law of the country, thus may be deemed invalid if celebrated. Although there are no laws or rules which provides punishments for the commission of same-sex marriage, there are some sections in the code in which an act of homosexuality may set a negative impact in marriage. A good example for it is homosexuality as a ground of legal separation in marriages. Also, marriage upholds its validity as much as possible in all circumstances, that in this country, a divorce decree is not binding and nullity of marriage is governed by the law that made it tough to discharge. Applying possible approval of same-sex marriage in the Philippines may result to additional litigations of voiding marriages, as it was given that other states, like Netherlands, suffers from the dilemma of incompatibility, psychological problems, violence and abuse, and other marital obligations matters. Let us take note that the Family Code of the Philippines specializes the coverage on area of rights, obligations and responsibilities of as husband and wife, 29 Robles, Chan, Family Code of the Philippines, available from http://www.chanrobles.com/executiveorderno209.htm#.Vh1thfmqqkq
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and a family constituting parents which are different-sex couples. Possible amendments of this code, in extending these duties to same-sex couples will not just change the definition of marriage, will not just reclassify the duties of parents or their responsibilities with procreation just like how other foreign countries did, but it is an entire amendment of the Family Code itself. Marriage is treated as a sacred union of two different persons of opposite sex in the Philippines. It was even supported by the principles and doctrines of religious sector in the Philippines which has been embraced by the majority as part of their culture. Socially, in honest note, a relationship between a female and another female, and between a male and another male shows disgust to a lot of country people. Often, discriminatory remarks were being expressed by some which provoked the LGBT community to take an action against the deprivation of rights and inequality. In fact, according to a survey, 7 out of 10 Filipinos opposes same-sex marriage in the country.30 The disagreement of the respondents was based on regional and socio-economic breakdown in which 70% opposes same-sex marriage, 14% somewhat disagree, 12% somewhat agree
30 7 in 10 Filipinos oppose same-sex marriage- survey, available from http://www.rappler.com/nation/97804-same-sex-marriage-survey-philippines, June 2015
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and 4% strongly agree according to the exclusive survey of Laylo Research Strategies in the newspaper, The Standard. Canada approved same sex marriage for equal rights as persons. In a better sense, it speaks for an expanded benefit towards the same-sex couples. The denial of rights and benefits of same sex couple where the main argument of the LGBT community, stating that it was a clear discrimination and inequality. However, putting into the consideration the economical state of the previous countries which allowed same-sex marriages, most of them are the so-called “developed-countries” or the welloffs. The thing was, Philippines belongs in the nations of developing countries, in which the roots of the problems of the citizen all goes down to poverty. The insufficiency of government support to poor families prevails in the state and possible resolutions are still being worked out by targeting Millennium Development Goals.31 Assuming that same-sex marriage is approved in the country, how well-off the state can be to support them? It is known that married couples are given privileges, in which some of them are tax exemptions, social security, health insurances, and employment benefits. Who would subsidized such benefits for them? Would it be the public sector? The private sector? Or the taxpayers itself? If such will 31 Philippine Statistics Authority, Poverty, available from https://psa.gov.ph/tags/poverty
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happen, then there may be changes to our tax laws and even to labor and social legislations for the rights of same-sex couples over the benefits that they deserve to have under the law of marriage. Deprivation of rights may be the right term to apply in the situation of the LGBT community. However, the question we are trying to figure out is, the preparedness of Philippines to have same-sex couple recognition and legalization in the country. And with this all being said, yes. It is positive for Philippines to have same-sex marriage in the country for the virtue of just, fairness and inequality. But not today.
CHAPTER V. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS The study aimed to determine the impacts of legalization of Same-Sex Marriage in the Philippines. This study used data sets from secondary materials, mainly from authors of academe of foreign and local literatures. The findings of the study however, shows incapability of the Philippines in the current setting, in social and legal manner. Such change may result to wider range of amendments in the Family code as it concentrate to marriage and family life, which will not be an easy task for legislators due to its extensive scope. The Philippines must also observe economic stability
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as it will face additional responsibility towards rights and benefits of the people, which shows physical impossibility in the current setting of the country as it still battles against poverty alleviation. In addition, the behaviour of the society towards the legalization of same-sex relationship in the eyes of law requires an adjustment to reach equality and surpass gender discrimination. The researcher, therefore finds same-sex marriage beneficial to the citizens of same-sex relationships, however granting the virtue of marriage is not yet a good idea in the current setting as it will not only revolve around the changes of law of marriage, but also to the capacity of one’s state to be held responsible enough to the immediate impacts and effect of it in the economy and other relative laws concerning their rights and obligation. It may have united multi-faith states in the past few years, and it may have created freedom towards religion in some, however the capacity of a state must still be taken into consideration to the possibility of changes in law in the near future. The researcher recommends this study for students and academes to consider broader study of same-sex marriage in the country. A wider study must highlight the advantages and disadvantages of adoption of same-sex
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relationship in the country, especially in the legal sense, to which the issue may depend its constitutionality. And lastly, the definition of marriage and equal rights must also be clarified and interpreted by the legislators and judicial body to avoid conflicts involving rights and privileges of the people in the eyes of law.
BIBLIOGRAPHY
Canadian Bar Association, "Submission on Bill C-38: Civil Marriage Act" June 2005 Civil Marriage Act, available from http://laws-lois.justice.gc.ca/eng/acts/c31.5/page-1.html Defense of Marriage Act, One Hundred Fourth Congress of the United States of America, January 1996 Department of Justice Canada, "Marriage and Legal Recognition of Samesex Unions" Ministere de la Justice Canada, November 2002
26
Discriminatory Amendment Proposed by Bohol Representative, available from http://progressph.blogspot.com/2011/06/discriminatory-amen dment-proposed-by.html Duncan, William C., "The Tenth Anniversary of Dutch Same-Sex Marriage: How is Marriage doing in the Netherlands?", from iMAPP Research Brief Vol., 4, No. 3, May 2011 Griffith, Moninne, "The case of Marriage Equality in Ireland" How Legal Tide Turned on Same-Sex Marriage in the US, available from http://www.bbc.com/news/world-us-canada-21943292 Legal Definitions and Legal Terms Defined, available from http://definitions. uslegal.com/ Philippine Statistics Authority, Poverty, available from https://psa.gov.ph /tags/poverty PH LGBT advocates welcome US legalization of gay marriage, available from http://mobile.abs-cbnnews.com/lifestyle/06/27/15/ph-lgbtadvocates-welcome-us-legalization-gay-marriage/ Robles, Chan, Family Code of the Philippines, available from http://www.chanrobles.com/executiveorderno209.htm.Vh1thfmqqkq
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Rothblum, Esther D., “Same-Sex Marriage and Legalized Relationships: I Do, or Do I?” Sta. Maria, Melencio S., “Persons and Family Law” Statistics Netherlands, “Number of Registered Partnerships Grew Further in 2010” March 15, 2011, available from http://www.cbs.nl/en‐ GB/menu/themas/bevolking/publicaties/artikelen/archief/2011/20 11 3331‐wm.htm “Ten Years of Same‐Sex Marriage: A Mixed Blessing” April 2, 2011, available from http://www.rnw.nl/English/article/ten‐years‐ same‐sex‐ marriage‐a‐mixed‐blessing. Trandafir, Mircea, “The Effect of Same-Sex Marriage Laws on Different-Sex Marriage: Evidence from the Netherlands”, Universite de Sherbrooke November 2009 Waaldijk, Kees, "Major Legal Consequences of Marriage, Cohabitation and Registered Partnership for Different-Sex and Same-Sex Partners in the Netherlands" The Netherlands
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7 in 10 Filipinos oppose same-sex marriage- survey, available from http://www.rappler.com/nation/97804-same-sex-marriage-surveyphilippines, June 2015 21 Other Countries Where Same-Sex Marriage Is Legal Nationwide, available from http://time.com/3937766/us-supreme-courtcountries-same-sex-gay-marriage-legal/
CURRICULUM VITAE
Personal Information Name Address
Maricar Malaki Bautista Block 2 Lot 18 Sto. Tomas Village 4, Psalm Street Deparo, Caloocan City
Contact Number
09174122264
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Email
[email protected]
Religion
Roman Catholic
Nationality
Filipino
Birthday
January 10, 1994
Age
21 Years Old
Gender
Female
Work Experience April 12, 2012 to June 18, 2013
November 03, 2014 to February 2015
Expert Global Solutions (NCO Group)
Concentrix-Daksh
Mezza Residence, Aurora Blvd. corner
Bldg. G, UP Ayala Technohub,
Araneta Ave., Sta. Mesa, Manila
Commonwealth Avenue, Quezon City
Business Process Outsourcing
Business Process Outsourcing
Industry
Industry
Account Specialist
Financial and Collections Trainee
Educational Background Kamuning Elementary School June 1999 to March 2006 -- Honor Student in 1st Grade (2001) -- Poster Making Contest: "Teknolohiya tungo sa masaganang Agrikultura, Palaisdaan at Industriya" Participant, Department of Agriculture (2005) -- Poster Making Contest Participant, National Statistics Office (2006) -- Artist of the Year (2006)
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Don Alejandro Roces Sr. Science-Technology High School June 2006 to March 2010 -- Honor Student in Sophomore Year (2008) -- Studied Technical Vocational Course: Cosmetology (2008-2010) -- Honor Student in Junior Year (2009) -- Classroom Officer (2008-2009) -- Honor Student in Senior Year (2010) -- Roces Artist Guild Member (2010) Polytechnic University of the Philippines Bachelor of Science in Political Economy June 2010 to April 2015 Juris Doctor, College of Law June 2015 to present -- Class President in Sophomore Year (2011) -- Junior Council Officer, College of Economics, Finance and Politics Student Council (2011) -- Communication Committee Member, Economics Research Society (2011) -- Vice President for External Affairs, Economics Research Society (2012) -- Junior Philippine Economics Society Member (2012-2013) -- President of Junior Political Economists' Guild (2013-2014) -- 3rd Placer in Chess Competition, College of Political Science and Public Administration, Foundation Week. -- Temasek Foundation Scale: Singapore Exchange Student (2014) -- Intern at Viet Nam Embassy of the Philippines (2014) -- Vice President for Finance, Junior Political Economists' Guild (2014)
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Skills and Competences -- Understand Filipino and English Language. -- Able to work well in teams. -- Understand how to use decision making in resolving missions. -- Establishes collaborative relationships and projects. -- Able to manage change and comfortable with risk taking. -- Confident in handling new task. -- Flexible in assignments and attentive to details. -- Understand cost-benefit analysis. -- Understand economic modeling. -- Able to conduct action research. -- Skilled with Internet -- Photo Editing -- Understand how to use the following:
Microsoft Word Microsoft Power Point Microsoft Excel Prezi Movie Maker
