Padilla has filed Senate Bill No. 449 or the Civil Unions Act to provide equal privileges and
honor for same-sex couples.
Senator Robin Padilla filed a bill SB NO. 449 in NINETEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINE's First Regular Session that will institutionalize same-sex unions.
SENATE S.B. No. 449 is an act INSTITUTIONALIZING CIVIL UNIONS OF SAME-SEX
COUPLES, ESTABLISHING THEIR RIGHTS AND OBLIGATIONS, AND FOR OTHER
PURPOSES.
The explanatory note states the following:
Section I, Article III of the 1987 Constitution guarantees that "No person shall be deprived of
life, liberty, or property without due process of law, nor shall any person be denied the equal
protection of the laws."
Philippine laws affirm that every person has the right to equal protection before the law and
while the 1987 Constitution does not explicitly mention Sexual Orientation, Gender Identity,
Gender Expression, and Sex Characteristics (SOGIESC), it does not prohibit or exclude civil
partnership or unions of same-sex couples.
As a state member of various international covenants promoting human rights, the
The Philippines has committed itself to uphold the dignity, equality, and human rights of all
citizens.
It is therefore incumbent upon us to take positive action that guarantees the fundamental
rights of equality and non-discrimination.
Guided by the Yogyakarta Principles, a universal guide to human rights that affirms binding
international legal standards, all States are called upon to take all necessary legislative,
administrative, and other measures to ensure that any entitlement, privilege, obligation, or
benefit enjoyed by different-sex or married couples should likewise be available to same-sex
couples.
As of December 2021, same-sex marriage or civil unions, if not both, have been legalized in
31 countries and territories through either legislation or court decisions.1 In Asia, Taiwan
became the first country to enact marriage equality in 2019 after its Constitutional Court ruled
that marriage could not be restricted to opposite-sex couples and gave parliament two (2)
years to enact legislation legalizing same-sex marriage. Meanwhile, six (6) cities in Japan are
now issuing partnership certificates to same-sex couples to enjoy some of the rights and
benefits of marriage.
The Philippines, however, still lacks legislative measures to afford equal rights and privileges
for same-sex couples that are enjoyed by different-sex couples.
This proposed measure, therefore, seeks to recognize the civil union between two (2) persons
of the same or opposite sex to be able to enjoy the rights, protection, and privileges afforded
in this bill. This representation firmly believes It is high time that the Philippines provides equal
rights and recognition for couples of the same sex with no prejudice as to sexual relationships
are protected and recognized and given access to basic social protection and security.
Providing equal rights and privileges for same-sex couples will in no way diminish or trample
on the rights granted to married couples.
In view of the foregoing, approval of this bill is highly and earnestly sought.
-signed ROBINHOOD PADILLA
Under the senator’s bill, the following are the requirements for a civil union:
- Legal capacity of the contracting parties (at least 18 years old; not prohibited to enter into civil union by reason of public policy; free from any previous marriage or civil union)
- Consent is freely given in the presence of the administering officer
- Authority of the administering officer
- Valid license to contract or enter into a civil union issued by and obtained from the local civil registrar of the city or municipality where either party habitually resides
- Civil union ceremony which takes place with the personal appearance of the contracting parties before the administering officer and their personal declaration with at least two adult witnesses.
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