Love is love: Lawmaker makes fresh push for same sex civil partnership

ON the day of hearts, Davao del Norte Rep. Pantaleon Alvarez made a fresh push for the approval of a bill to allow the recognition of civil partnerships of same sex couples “who merely wish to love, care [for], and support each other.” 

This is the third time the Davao congressman has pitched the measure, amidst new global developments related to the LGBTQIA+ (lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more) community. 

Earlier, Pope Francis championed the rights of LGBTQIA+, saying being homosexual is “not a crime.” The Anglican Church, the third last Christian denomination in the world, likewise allowed the blessing of same-sex couples. The United Nations Human Rights Council has also pushed for the Philippines to allow same-sex unions.

Why allow same-sex unions?

Alvarez said his bill aims to extend the same civil rights, benefits, and responsibilities to couples who were unable to marry under the law. 

“It is about time that the Philippine government grant couples, whether they are of the opposite or of the same sex, adequate legal instruments to recognize their partnerships, respecting their dignity and recognizing their equality before the law,” Alvarez said in his explanatory note to the measure.

Once this becomes a law, members of the LGBTQIA+ community will be able to enjoy rights and privileges that married couples enjoy.

These include declaring their partners as beneficiaries under social security and insurance plans, and inheriting their partners’ assets through intestate rights. 

Third time’s the charm?

This is the third time that Alvarez has filed the bill. He first sought its passage in October 2017, where it was tackled in the committee level, but failed to be approved on final reading.

In July 2019, he re-filed it again under a new Congress and it reached the committee level. But it failed to advance to the third reading.

He is making a third try at seeking the approval of the measure in hopes of getting a favorable outcome this time. 

“Who knows, it can be strike three, or it can be third time’s the charm. I’m not new to this. Some battles you win, some you don’t. But in either case, there is truth to the saying that politics is the art of the possible. Let’s file this, get the word out, and let us see what happens,” he said in a statement.

Equal rights

Alvarez said all couples, regardless of their sex, must be able to enter into a civil partnership. 

He said the exclusion of same sex couples from legally recognized unions “restrict basic liberties that are available to most citizens, despite these couples taking part in loving, committed, and long-term relationships.”  

His bill also seeks to penalize discriminatory practices committed against them by persons or institutions because of their civil partnership status. 

The details

The bill defines civil partnership as a legal relationship between two persons of either the same or opposite sex.

The measure seeks to allow these couples to register their civil partnership. 

For this to be valid, couples must meet the following requirements:

• at least 18 years of age
• Not married or in a civil partnership
• Sharing a common home for at least two years when they applied for a civil partnership license
• Relationship is publicly known
• Gve their consent freely before an authorized administering officer
• Civil partnership ceremony with at least two witnesses present; no specific religious rite is required

Rights of civil partners

Under the bill, properties acquired by civil partners while they live together will be presumed, unless proven otherwise, to have been obtained through joint effort and will be governed by the rules of co-ownership. 

They will enjoy all benefits and protections granted to spouses in a marriage under existing laws. Laws of marital relations will also apply. 

They will likewise enjoy the same rights as married couples with respect to a child of whom both become parents during the civil partnership.

Civil partnership couples will automatically have insurable interest over their partners and may get benefits relating to insurance, health, and pension provided to married couples.

Penalties for discrimination

Those who will refuse to issue civil partnership licenses despite being authorized to do so, as well as those who deny couples in civil partnership benefits and discriminate against them will face fines or imprisonment or both.

They may be fined anywhere from P100,000 to P500,000, and may be imprisoned for one to six years. 

Status of the measures

Alvarez is not the first lawmaker this Congress to file a bill to recognize same sex unions.

BH party list Rep. Bernadette Herrera has a similar measure that she filed in July. In the Senate, Sen. Robinhood Padilla also filed a bill that seeks to institutionalize civil unions of same sex couples.

None of these bills have been approved at the committee level, indicating that there is still a long way to go before these may be enforced, if at all.