Actor turned senator Robin Padilla filed a bill that seeks to institutionalize the civil unions of same-sex couples in the Philippines. Senate Bill (SB) No. 449, or the Civil Unions Act, hopes to provide equal rights and recognition for same sex couples.
Padilla noted on his bill’s explanatory note that same-sex marriage or civil unions have already been legalized in 31 nations and territories. Sadly, “legislative proposals in the country regarding the matter are insufficient.”
And so for him, “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.”
Under SB 449, 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 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.
Those who will enter civil unions will:
- have all benefits and protections 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;
- be covered by laws on marital relations, including donations by reason of marriage, legal separation, adoption, child custody and support, property division and maintenance, and spousal support;
- have rights 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;
- be covered by 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;
- automatically have insurable interest over their respective partners and may avail of benefits relating to insurance, health and pension benefits provided to married couples;
- have labor standard benefits, privileges, restriction and prohibition accorded to employees based on marital status;
- receive benefits under tax laws relating to marital status;
- be covered by laws relating to immunity from being compelled to testify against the other and bound by the marital communication privilege;
- be granted hospital visitation rights and the authority to give consent to any medical treatment in behalf of his/her civil partner whenever required;
- have visitation rights in detention facilities; and
- have decision making in burial arrangements.
