by Dhel Nazario
Published Jul 21, 2025 02:25 pm
At A Glance
Senator Robinhood Padilla filed a bill seeking to institutionalize civil partnerships for same-sex couples in the Philippines, granting them rights and protections similar to marriage while exempting religious groups from solemnizing such unions.
Senator Robinhood "Robin" Padilla has filed a bill seeking to institutionalize the civil partnership of same sex couples.
Once enacted, the unnumbered bill shall be known as the Civil Partnership Act.
Under its Declaration of Policy, it says that the State shall recognize the need to protect its citizens who are in a relationship with the same sex, accord the same rights and obligations similar to married couples and ensure that they are not discriminated against.
It states that any person who complies with the requirements provided shall be allowed to register and enter into a civil partnership, and shall be bound by the obligations and responsibilities and enjoy protections and benefits afforded by this Act.
Under it, the following are the requisites for civil partnership:
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 partnership.
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 partnership issued by and obtained from the local civil registrar of the city or municipality where either party habitually resides; and
A civil partnership ceremony which 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.
According to the bill, no specific religious rite or form shall be required for purposes of this requirement.
It also enumerates the benefits, protections, and responsibilities of civil partnerships:
All benefits and protections as 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 partnership couples with respect to a child of whom both become the parents of during the terms of the civil partnership, shall be the same as those of a married couples with respect to their child;
All contracts made between persons in contemplation of a civil partnership shall remain in full force after such civil partnership takes place;
A certified true copy of the record of the civil partnership from the local civil registrar having custody of the record shall be presumptive evidence of the civil partnership for all legal purposes;
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;
Causes of action related to or depended upon spousal status, including torts or actions under contracts reciting, related to, or dependent upon spousal status may be availed of;
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; and
Decision making in burial arrangements.
It also penalizes those who knowingly or willfully refuse to issue civil partnership licenses or certificates despite being authorized to do so; denies rights and benefits entitled to civil partnership couples; commits unlawful, discriminatory employment practices or commits discriminatory practices to children of civil partnership couples.
These offenses are punishable by a fine of not less than P500,000 but not more than P1 million, or imprisonment for 10 years.
"This proposed measure therefore seeks to recognize the civil partnership between two (2) persons of the same or opposite sex to be able to enjoy the rights, protection, and privileges afforded in this bill while respecting the religious sensibilities abound in our society," Padilla said in the bill's explanatory note.
"Under this proposed measure, religious organizations shall not be compelled to solemnize same-sex unions and such will only have legal effect when solemnized by the administering officers identified in this Act," he added.
Padilla stated it's "high time" that the Philippines provides equal rights and recognition for couples of the same sex.
He added that providing equal rights and privileges for same-sex couples will in no way diminish or trample on the rights granted to religiously solemnized married couples.
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