SENATOR Robinhood “Robin” Padilla has filed a bill seeking to institutionalize civil partnerships for same-sex couples, granting them rights and protections similar to those enjoyed by married couples.
Once enacted, the proposed measure will be known as the Civil Partnership Act.
According to its Declaration of Policy, the State shall recognize the need to protect same-sex couples, ensure they are not discriminated against, and provide them with equal rights and obligations under the law.
KEY PROVISIONS OF THE CIVIL PARTNERSHIP ACT
The bill states that any individual meeting the legal requirements will be allowed to register and enter into a civil partnership, enjoying full benefits and protections under the Act.
REQUISITES FOR CIVIL PARTNERSHIP INCLUDE:
Both parties must have legal capacity and be at least 18 years old.
Neither party must be prohibited by public policy or bound by a previous marriage or civil partnership.
Consent must be freely given before an authorized officer.
A valid civil partnership license must be obtained from the local civil registrar.
The ceremony must involve the personal appearance of both parties before the officer and at least two legal-age witnesses.
No specific religious rites are required, and religious organizations will not be compelled to solemnize same-sex unions.
RIGHTS AND BENEFITS GRANTED
The bill grants civil partners the same benefits and protections afforded to married couples, including:
Marital rights: legal separation, property division, adoption, child custody and support, and spousal support.
Inheritance rights: intestate succession and survivorship benefits.
Insurance and pension benefits: automatic insurable interest and entitlement to health and labor benefits.
Tax benefits are accorded to married couples.
Legal privileges: immunity from testifying against a partner and marital communication privilege.
Visitation rights: in hospitals and detention facilities.
Decision-making authority: in medical emergencies and burial arrangements.
PENALTIES FOR DISCRIMINATION
The bill penalizes individuals or authorities who refuse to issue civil partnership licenses or deny rights and benefits to civil partners.
Offenders may face fines ranging from P500,000 to P1 million or imprisonment of up to 10 years.
PADILLA’S STATEMENT
“This proposed measure seeks to recognize the civil partnership between two persons of the same or opposite sex, allowing them to enjoy rights and privileges while respecting religious sensibilities,” Padilla said in his explanatory note.
He added that equal rights for same-sex couples will not diminish the rights of legally married couples.
“It’s high time that the Philippines provides equal rights and recognition for couples of the same sex,” he stressed.