SENATOR Robin Padilla has filed a bill seeking to institutionalize the civil unions of same-sex couples in the country.
Padilla filed Senate Bill (SB) 449 or the Civil Union Act, which seeks to provide equal rights and recognition for same-sex couples.
He said that while the 1987 Constitution did not explicitly mention Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics (SOGIESC), it also does not prohibit or exclude civil partnerships or unions of same-sex couples.
“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,” said Padilla.
"Providing equal rights and privileges for same-sex couples will in no way diminish or trample on the rights granted to married couples," he added.
As of December 31, 31 countries have legalized same-sex marriage or civil unions.
“The Philippines, however, still lacks legislative measures to afford equal rights and privileges for same-sex couples that are enjoyed by different-sex couples,” Padilla said.
“This proposed measure therefore seeks to recognize the civil union between two persons of the same or opposite sex to be able to enjoy the rights, protection, and privileges afforded in this bill,” he added.
Listed under SB 449 as requisites for civil unions are as follows:
* Legal capacity of the contracting parties:
- At least 18 years of age;
- Not prohibited to enter into civil union by reason of public policy;
- Free from any previous bond of marriage or civil union.
* Consent freely given in the presence of the administering officer;
* Authority of the administering officer;
* A 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;
* A civil union ceremony that takes place with the personal appearance of the contracting parties before the administering officer and their personal declaration, that they take each other as legal partners in the presence of not less than two witnesses of legal age.
Among the benefits protections and responsibilities of civil union couples under the measure include:
* All benefits and protections that are granted to spouses in a marriage under existing laws, administrative orders, court rulings, or those derived as a matter of public policy, or any other source of civil law;
* Laws on marital relations, including donations by reason of marriage, legal separation, adoption, child custody and support, property division and maintenance, and spousal support;
* Rights of civil union couples with respect to a child of whom both become the parents of during the terms of the civil union, shall be the same as those of a married couples with respect to their child;
* Laws relating to intestate succession, survivorship, or other incidents of the acquisition, ownership or transfer, inter vivos or at death, of real or personal property, as affecting parties to a marriage, shall likewise be applicable;
* Couples shall automatically have insurable interest over their respective partners and may avail of benefits relating to insurance, health and pension benefits provided to married couples;
* Labor standard benefits, privileges, restriction and prohibition accorded to employees based on marital status shall likewise be accorded;
* Benefits under tax laws relating to marital status shall be applicable;
* Coverage of laws relating to immunity from being compelled to testify against the other and bound by the marital communication privilege;
* Hospital visitation rights and the authority to give consent to any medical treatment in behalf of his/her civil partner whenever required;
* Visitation rights in detention facilities;
* Decision making in burial arrangements
Legal separation, annulment and declaration of nullity of marriages under the Family Code of the Philippines may be applied as a form for the dissolution of civil unions.
The measure also indicates the penalty to any person who knowingly or willfully refuses to issue civil union licenses or certificates despite being authorized to do so; any person who denies the rights and benefits entitled to civil union couples; any person who commits unlawful, discriminatory employment practice; or any person who commits discriminatory practices to children of civil union couples.
The fine was set to P500,000 to P1 million and/or imprisonment of 10 years depending on the discretion of the court.
The same penalty applies to a person who will administer civil union ceremonies without proper authorization. (SunStar Philippines)