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Supreme Court PIO   @SCPh_PIO · Jun 19 
Today: JBC Public Panel Interview for Ombudsman applicants starting at 9AM.
Official account of the Philippine
Watch the livestream at youtube.com/watch?v=YKIvUJ…
Supreme Court's Public Information
#OmbudsmanInterviews
Office. Feedback:
pio@sc.judiciary.gov.ph. Questions:
pio_questions@sc.judiciary.gov.ph.

 Padre Faura, Manila, Ph

 sc.judiciary.gov.ph

 Joined April 2013

 987 Photos and videos  1  14 15


Supreme Court PIO   @SCPh_PIO · Jun 19 
JBC Public panel interview for Ombudsman applicants on June 20 Wednesday,
9AM-5PM at the SC Division Hearing Room, Ground Floor. Interviews will be
livestreamed by the PIO; link at youtu.be/YKIvUJLPG4A; you may tweet your
questions to @JBC_Ph, tag #OmbudsmanInterviews

  4 9


Supreme Court PIO   @SCPh_PIO · Jun 19 
#FalcisvCRGOrals will resume on June 26, 2pm. This session is adjourned.

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Supreme Court PIO   @SCPh_PIO · Jun 19 
ACJ Carpio: there's a pending bill in Congress to grant the same rights for same-
sex marriage, can you not wait for that bill to pass?
Falcis: Personally I can wait, and a lot of other LGBT can also wait but those are
privileged. #FalcisvCRGOrals

  3 14


Supreme Court PIO   @SCPh_PIO · Jun 19 
Edited: J Leonen: this Court I think wants to defer to the political organs; thus
asks Atty Falcis to address the procedural issues #FalcisvCRGOrals

  6

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Supreme Court PIO   @SCPh_PIO · Jun 19 
ACJ Carpio: if Congress allows for same-sex marriages, we must give a different
term because there's a substantial distinction - historical and confusion. Would
you not accept such even if all rights are the same? #FalcisvCRGOrals

  2 5


Supreme Court PIO   @SCPh_PIO · Jun 19 
ACJ Carpio: did he submit a report to the Civil Registrar of all the marriages he
has administered?
Falcis says Reverend Agbayani did not #FalcisvCRGOrals

  1


Supreme Court PIO   @SCPh_PIO · Jun 19 
ACJ Carpio looks into the marriage ceremonies administered by Reverend
Agabyani, asks is the Reverend has a permit to perform such
Falcis: what they perform is the rite to holy union #FalcisvCRGOrals

  1 3


Supreme Court PIO   @SCPh_PIO · Jun 19 
Acting Chief Justice Antonio Carpio now interpellates Atty. Falcis
#FalcisvCRGOrals

  2 3


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Leonen: fundamental constitutional order requires that the Supreme Court hear
actual controversies #FalcisvCRGOrals

  2 13


Supreme Court PIO   @SCPh_PIO · Jun 19 
Justice Leonen interpellates Atty Falcis #FalcisvCRGOrals

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Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: even if I'm young and seems like I can wait, the right to marry creates a
ripple effect, without the right legally recognized to the LGBT community, what
message does it send to the young people esp to those who are depressed
#FalcisvCRGOrals

  1 9


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Jardeleza: I will be very candid to you (as a graduate of the same school) that I
am more inclined to dismiss this case #FalcisvCRGOrals

  3 19


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis points out: disregarding the mistakes of the petitioner, there are actual
LGBT couples who are affected #FalcisvCRGOrals

  4


Supreme Court PIO   @SCPh_PIO · Jun 19 
LISTEN to the live stream youtube.com/watch?v=8rWg3Z… #FalcisvCRGOrals

  2 1


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Jardeleza on the importance of the hierarchy of courts: the Supreme Court
needs factual records #FalcisvCRGOrals

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Supreme Court PIO   @SCPh_PIO · Jun 19 
J Jardeleza cites the case of Escritor: the religious claim is based on religious
conviction #FalcisvCRGOrals

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Supreme Court PIO   @SCPh_PIO · Jun 19 
J Jardeleza discusses the hierarchy of courts: hear first the facts involved in the
assertion that raising a child by same-sex couples is as good as heterosexual
couples #FalcisvCRGOrals

  2 3


Supreme Court PIO   @SCPh_PIO · Jun 19 
Justice Jardeleza interpellates Atty Falcis.
Atty Falcis says he took the Philippine Bar in 2014 and passed in 2015.
J Jardelza shares his admiration for what he's doing right now but also says
Falcis should have brought the case first to the RTC #FalcisvCRGOrals

  4 23


Supreme Court PIO   @SCPh_PIO · Jun 19 
Agbayani says the biblical foundation of the LGBTS Christian Church is Ruth
1:14.
Members total around 25 -mostly bisexual, gay, and straight.

2 sacraments:
baptism
holy eucharist

5 rites:
ordination
holy union
memorial service
blessing
church service #FalcisvCRGOrals

 1  2


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Jardeleza: Ano ang doktrina ng MCC?
Agbayani: Ang doktrina ng MCC ay ang doctrine of love, includes the
heterosexual and LGBT #FalcisvCRGOrals

  2


Supreme Court PIO   @SCPh_PIO · Jun 19 
Agbayani: Metropolitan Community Church (MCC) advocates marriage equality.
#FalcisvCRGOrals

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Supreme Court PIO   @SCPh_PIO · Jun 19 
Agbayani: pwede ka maging bakla at Kristiyano at the same time
#FalcisvCRGOrals

 1  3 17


Supreme Court PIO   @SCPh_PIO · Jun 19 
Agbayani claims in 2012, he found the LGBTS Christian Church. The S stands
for "straight" because they also have straight members #FalcisvCRGOrals

  3


Supreme Court PIO   @SCPh_PIO · Jun 19 
Justice Jardeleza requests to ask questions to Petitioner Reverend Cresencio
“Ceejay” Agbayani Jr. #FalcisvCRGOrals

  1


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Bersamin points out the danger in potentially releasing a mere advisory opinion
in this case; asks why Falcis did not himself apply a marriage license before
going to the SC
Falcis admits he doesnt have a partner #FalcisvCRGOrals

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Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis insists that government agencies tasked to implement the law were
impleaded in past cases decided by the SC #FalcisvCRGOrals

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Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: grave abuse of discretion in this case is related to the actor that passed
the Family Code #FalcisvCRGOrals

 

Supreme Court PIO   @SCPh_PIO · Jun 19 
Atty Falcis admits he is not as experienced as other lawyers #FalcisvCRGOrals

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Supreme Court PIO   @SCPh_PIO · Jun 19 
J Bersamin points out: importance of an adverse party in this petition; SC might
be ruling on a hypothetical question; the danger that Atty Falcis is losing a very
important case to the LGBT community. #FalcisvCRGOrals

  5 9


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Bersamin points out that it was only the CRG impleaded as respondent but
that CRG did not do any injury because Falcis did not even try to apply for a
marriage license #FalcisvCRGOrals

  3 5


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Bersamin asks if Atty Angeles was privy to the preparation of the Petition for
Certiorari and Prohibition filed by petitioners, calls back Atty Falcis
again#FalcisvCRGOrals

 

Supreme Court PIO   @SCPh_PIO · Jun 19 
Justice Lucas Bersamin now interpellates Atty. Angeles #FalcisvCRGOrals

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Supreme Court PIO   @SCPh_PIO · Jun 19 
J De Castro asks the petitioners to discuss in their memo why they dont want to
call the marriage between same-sex couples as a "civil union" instead of
"marriage" #FalcisvCRGOrals

 1  1 1


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: if civil unions are essentially the same as granting rights and obligations
(property relations, liabilities, obligations, etc) the equal protection clause cannot
sanction that. Marriage is a religious term, but also a legal term; asks they be
afforded the same term

  5 23


Supreme Court PIO   @SCPh_PIO · Jun 19 
J De Castro: if they come to court and there is no law to guide the judges, how
will the judges decide?
Falcis insists the civil code and the ultimately the Constitution will guide the
judges #FalcisvCRGOrals

  1 3


Supreme Court PIO   @SCPh_PIO · Jun 19 
correction: Falcis emphasizes that there are less sex-specific provisions *than
those that are not sex-specific provisions under the law #FalcisvCRGOrals

  1


Supreme Court PIO   @SCPh_PIO · Jun 19 
J De Castro: how will the Penal Code provisions on concubinage & adultery now
l i f i
https://twitter.com/SCPh_PIO 4/20
6/24/2018 Supreme Court PIO (@SCPh_PIO) | Twitter
apply in case of same-sex marriage
Falcis: It will still be sex specific but highlight the fact that there are bisexuals in
our community &some of them may still fall in that provision
#FalcisvCRGOrals

 1  9 37


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis cites the Ang Ladlad case insofar as the LGBT issue is "not so new"
to the Supreme Court #FalcisvCRGOrals

 

Supreme Court PIO   @SCPh_PIO · Jun 19 
J De Castro: are you saying that there's a biological diff bet man & woman but
advocating same sex marriage because of the sexual orientation of parties?
Falcis: yes because there are times when sexual orientation is germane to the
purpose of the law, i.e. VAWC #FalcisvCRGOrals

  1 16


Supreme Court PIO   @SCPh_PIO · Jun 19 
Justice Teresita Leonardo De Castro now interpellates Atty. Falcis
LISTEN to the #FalcisvCRGOrals live stream at

  1 3


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis agrees that it is about time to correct the inequality of the rules of
marriage but also asks the SC to interpret the Constitution because it mandates
equal protection.#FalcisvCRGOrals

  2 10


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: impotency is the only ground under Family Code and not sterility. Thus
ability to procreate is not the central focus of the Family Code
#FalcisvCRGOrals

  1 16


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Bernabe: why not leave this up to Congress?
Falcis: fundamental rights cannot be subject to political whims; cites the Ang
Ladlad Case #FalcisvCRGOrals

 1  6 35


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis says that there were already LGBT couples alive when the 1987
Constitution was being deliberated; mentions Commissioner Lino Brocka
#FalcisvCRGOrals

  1 4


Supreme Court PIO   @SCPh_PIO · Jun 19 
correction: Falcis asserts that an individual's right to choose who they want to
spend the rest of their *lives with is intertwined with other rights
#FalcisvCRGOrals

  1 7


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Bernabe: any provision in the Family Code that does not allow same-sex
marriage?
Falcis: Art 1 and 2, cites the petitioners' marriage license application denial
#FalcisvCRGOrals

  4 9


Supreme Court PIO   @SCPh_PIO · Jun 19 
LISTEN to the #FalcisvCRGOrals live stream at youtube.com/watch?
v=8rWg3Z…
/ /
https://twitter.com/SCPh_PIO 5/20
6/24/2018 Supreme Court PIO (@SCPh_PIO) | Twitter
Read the pleadings, comments, advisory: sc.judiciary.gov.ph/microsite/falc…

  2 5


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Bernabe: What direct act/injury have you sustained because of the Family
Code?
Falcis: The passage of a law which violates rights such as equal protection of
laws, right to dignity, right to have a family #FalcisvCRGOrals

  3 14


Supreme Court PIO   @SCPh_PIO · Jun 19 
Justice Estela Perlas-Bernabe now interpellates Atty Falcis #FalcisCRGOrals

  2


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Leonen: sexual orientation is who you want to have intimate sexual relations
with?
Falcis: with the qualification that is not a choice but that they realize they are
attracted to a certain person #FalcisvCRGOrals

  3 11


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Leonen: can same sex couples procreate
Falcis: technically with the advent of science, individually possible i.e. surrogacy
#FalcisvCRGOrals

  1 10


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Leonen: is marriage only for procreation
Falcis answers in the negative; also submits procreation is not a compelling state
interest #FalcisvCRGOrals

  2 10


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: Heterosexual couples may or may mot marry but LGBT couples dont
have the same options #FalcisvCRGOrals

  2 7


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: LGBT couples cannot jointly adopt
J Leonen: So the solution is to change the law on adoption?
Falcis: No, your Honor
J Leonen: change the law on marriage? Why is changing the law on marriage
more urgent? #FalcisvCRGOrals

  2 9


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: there are contracts or stipulations not allowed unless you are married
under the law, for example, compulsory portions of inheritance, GSIS claims, etc
#FalcisvCRGOrals

  1 13


Supreme Court PIO   @SCPh_PIO · Jun 19 
LISTEN to the live stream of the #FalcisvCRGOrals

  4 4


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: Petitioners may concede that there are some aspects they can access
without marriage but this still puts us as 2nd class citizens, unequal footing with
other couples #FalcisvCRGOrals

  7

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Supreme Court PIO   @SCPh_PIO · Jun 19 
J Leonen: contractual relations - to construct a kind of marriage that you want (a
package deal)
Falcis: yes
#FalcisvCRGOrals

  5


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: legal recognition of same sex marriage allows them to access numerous
rights, for example, right to make medical decisions; GSIS, PHILHEALTH
benefits #FalcisvCRGOrals

  2 14


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis claims that "without marriage we lose a bundle of rights"
#FalcisvCRGOrals

  9


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Leonen: is it possible to love, to promise, to have children, to have intimate
relations outside of marriage? property relations?
Falcis: yes. yes.

so what's the problem?


#FalcisvCRGOrals

  9 23


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Leonen: right to marry in PH under 1987 Consti - marriage is a right that can
be implied from Sec 2?
Falcis agrees that marriage a constitutional right.
#FalcisvCRGOrals

  1 6


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis recognizes that the US cases they cited is merely persuasive and not a
precedent #FalcisvCRGOrals

  1


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis clarifies theyre asking SC for a statutory interpretation that was applied in
Republic v Manalo where Art 26(2) was not declared unconstitutional but instead
applied a liberal approach #FalcisvCRGOrals

  1 7


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Leonen says petitioners have the following issues to hurdle: justiciability;
nature of right to marry; breach on the constitutional limits of equal protection,
due process,& religious freedom #FalcisvCRGOrals

  3 24


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Leonen reiterates the danger of this case for the petitioners' movement.
#FalcisvCRGOrals

  1 5


Supreme Court PIO   @SCPh_PIO · Jun 19 
J Leonen asks the intervenors to stand up to be identified. #FalcisvCRGOrals

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Supreme Court PIO   @SCPh_PIO · Jun 19 
LISTEN to the #FalcisvCRGOrals live stream at

https://twitter.com/SCPh_PIO
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7/20
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Supreme Court PIO   @SCPh_PIO · Jun 19 
Justice Marvic Leonen now interpellates Atty Falcis #FalcisvCRGOrals

  2 2


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: We are different. But we are still also human beings who love and are
loved. Like other Filipinos, LGBT couples are families too. #FalcisvCRGOrals

  12 51


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: J Del Castillo in Ang Ladlad v COMELEC said, “…(contn’d) However,
choices are not to be legally prohibited merely because they are different.”
#FalcisvCRGOrals

  7 10


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: J Del Castillo in Ang Ladlad v COMELEC:“one unavoidable consequence
of everyone having the freedom to choose is that other may make different
choices-choices we would not make for ourselves,choices we may disapprove
of, even choices that may shock or offend or anger us…”

  4 10


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: From the US to Ireland, many religious countries approved same sex
marriage because they believe in giving people choices. The PH is no different.
We are a Christian nation, yes. But we are also a secular Republic
#FalcisvCRGOrals

  9 24


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis quotes Justice Kennedy: “…(cont’d) The Constitution, however, does not
permit the State to bar same-sex couples from marriage on the same terms as
accorded to couples of the opposite sex.” #FalcisvCRGOrals

  1 9


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis quotes Justice Kennedy: "(cont’d) In turn, those who believe allowing
same-sex marriage is proper or indeed essential, whether as a matte of religious
conviction or secular belief, may engage those who disagree with their view in an
open and searching debate. …”

  1 6


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis quotes Justice Kennedy: “Religions, and those who adhere to religious
doctrines, may continue to advocate with utmost, sincere conviction that, by
divine precepts, same-sex marriage should not be condoned. …”
#FalcisvCRGOrals

  3 8


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: We are aware that some Filipinos may not support same-sex marriage
especially those who oppose for religious reasons. #FalcisvCRGOrals

  4


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: No group of people who are endowed by their God or Creator and
recognized by the Consti to have dignity and equality should ever be treated as a
2nd class citizen in their own land #FalcisvCRGOrals

 1  1 3


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: They in fact have married each other under religious rites of their previous
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Church - the Metropolitan Community Church PH #FalcisvCRGOrals

  3


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: Further along in their religious convictions, they also believe that the Bible
does not prohibit two men or two women from marrying each other
#FalcisvCRGOrals

  1


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: Agbayani, Felipe, & Ibanez are Christians. Christians who sincerely&with
all conviction believe that homosexuality is not a sin. That God, in His
omniscience & omnipotence, created all human beings - straight men&women,
gay men, lesbian women, transmen, & transwomen

  2 4


Supreme Court PIO   @SCPh_PIO · Jun 19 
Petitioners’ 3rd argument: violation of the religion freedom of Petitioners
#FalcisvCRGOrals

  1 1


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: Thus, the equal protection clause has been violated not just once but
many times by the Family Code. #FalcisvCRGOrals

  2


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: The animus cannot be any clearer especially when homosexuality or
lesbianism is lumped together with drug addiction and infidelity as grounds for
annulment or legal separation #FalcisvCRGOrals

  3 14


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis citing Biraogo v Truth Commission: mere underinclusivity or mere
overinclusivity is not fatal to the constitutionality of a law. However, this Court
also said that when there is deliberate, purposeful, and intentional discrimination,
the equal protection clause is violated

  1 9


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: current adoption laws allow homosexuals, although individually, to adopt.
The fact that LGBT couples cannot jointly adopt is another consequence and
injustice of the denial of their right to marry. A sad consequence for both LGBT
couples&orphaned children #FalcisvCRGOrals

  1 7


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: denying LGBT couples the right to marry would make the legislative
classification underinclusive. Assuming children are necessary to be considered
a family, the Family Code’s legislative classification would be overinclusive
#FalcisvCRGOrals

  1 7


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: Sterile couples are still allowed to marry in the PH given that procreation
is not a requirement under the Family Code before or after becoming married
#FalcisvCRGOrals

  5


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: A family founded by marriage under the Family Code also includes a
family setup by heterosexual couples without children #FalcisvCRGOrals

  3

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Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: Petitioners Agbayani and Felipe have been living together for more than a
decade. They have established a conjugal and family life. While they cannot
make a biological child together, that does not make their relationship less of a
family #FalcisvCRGOrals

  8


Supreme Court PIO   @SCPh_PIO · Jun 19 
Falcis: A conjugal&family life means a life of togetherness. It means
companionship. LGBT people in relationships can&do live a life of togetherness.
Some break up.Just like straight couples.But some also grow old together and
take care of each other in the sunset of their lives

  25 85


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: The 4 factors of CJ Puno’s concurring opinion in Ang Ladlad v COMELEC
are all present - history of invidious discrimination against LGBTs, ability to
contribute to society, immutability of distinguishing characteristics, and political
powers of LGBTs #FalcisvCRGOrals

  2 3


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: The Family Code’s exclusion of LGBT couples not only infringes on the
fundamental right to marry but is also a suspect classification because of 4
factors in Ang Ladlad case#FalcisvCRGOrals

  2 2


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis citing Mosqueda v Pilipino Banana Growers: J Bersamin explained, strict
scrutiny applies when a legislative classification impermissibly interferes with the
exercise of a fundamental right or operates to the peculiar class disadvantage of
a suspect class #FalcisvCRGOrals

  2


Supreme Court PIO   @SCPh_PIO · Jun 18 
Petitioners’ 2nd argument: denial of the equal protection of the laws. The
legislative classification under the Family Code does not rest on substantial
distinction, is underinclusive, and overinclusive #FalcisvCRGOrals

  1 2


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: LGBT couples, with or without children, constitute a family and so should
have access to marriage to serve as their foundation #FalcisvCRGOrals

  6


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: That is why the Family Code itself says that marriage is a special contract
for the purpose of establishing a conjugal and family life #FalcisvCRGOrals

  1 4


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: A family founded by marriage under the Family Code also includes a
family setup without children, even by heterosexual couples - where only the
spouses constitute the family #FalcisvCRGOrals

  6


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Marriage, as the foundation of the family, does not only contemplate a
nuclear family - the traditional model of a mother, a father, and a child.
#FalcisvCRGOrals

  1 5

Supreme Court PIO   @SCPh_PIO · Jun 18 


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6/24/2018

Supreme Court PIO (@SCPh_PIO) | Twitter
Supreme Court PIO _
Falcis: On the flipside, Petitioners submit that there is a compelling state interest
for LGBT couples to be included in the institution of marriage #FalcisvCRGOrals

  4


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: There is no compelling state interest to limit marriage as only between a
man& a woman. The SolGen, in its 2 comments, has not proffered any reason at
all or compelling state interest that may exist to exclude LGBT couples from the
institution of marriage #FalcisvCRGOrals

  2 3


Supreme Court PIO   @SCPh_PIO · Jun 18 
Petitioners’ 1st argument: deprivation of right to marry without substantive due
process #FalcisvCRGOrals

  1


Supreme Court PIO   @SCPh_PIO · Jun 18 
Petitioners’ 3 reasons:
1. It deprives the petitioners of the right to liberty and the right to marry without
substantive due process
2. It denies the Petitioners of the equal protection of the laws, and 3. It violates
the religious freedom of petitioners #FalcisvCRGOrals

  8 25


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Regardless of the presumption, petitioners submit that the Family Code’s
limited definition of marriage as only between a man and a woman - or opposite
sexes - is unconditional for 3 reasons #FalcisvCRGOrals

  2 3


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: it is now the State which has the burden of proof #FalcisvCRGOrals

 

Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis asks SC to rule in the same way as Republic v Manalo where the Court
took a more liberal approach #FalcisvCRGOrals

 

Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Justice Peralta in Republic v Manalo explained that the right to marry is a
fundamental right whose infringement would trigger strict scrutiny.
#FalcisvCRGOrals

  2 2


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Legally, Intervenors Agbayani and Felipe are strangers to each other.
Forced and condemned by the Family Code to live out the rest of their lives as
strangers. And that is an infringement on the consti rights of petitioners, primarily
the right to marry #FalcisvCRGOrals

  1 4


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: The decision to marry is transformative. Citing Obergefell v Hodges,
Justice Kennedy said, "marriage transforms strangers into relatives, binding
families and societies together" #FalcisvCRGOrals

  7 15


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Justice Jardeleza in his concurring opinion in Cadiz v Brent Hospital, said
“the decision to marry and whom to marry are two of the most important choices
that a women (or man) can make in her life” #FalcisvCRGOrals

https://twitter.com/SCPh_PIO
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Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis cites the case of Imbong v Ochoa, “the right to chart their own destiny
together falls within the protected zones of marital privacy and such state
intervention would encroach into the zones of spousal privacy guaranteed by the
Consti” #FalcisvCRGOrals

  2 3


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Marriage is a bundle of legal rights and obligations. It comes as a gift that
allows couples to have peace of mind, that they will be legally recognised as
spouses because they have the freedom to choose their status
#FalcisvCRGOrals

  8


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: But they were denied. And this is not an isolated case. Just last 7 Jun,
gay couple Pastor Jason Masaganda and Lester Budy from the Metropolitan
Community Church also tried to apply for a marriage license but met the same
fate #FalcisvCRGOrals

 

Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: On 3 Aug 2015, petitioners filled out forms for marriage license
application and went to the QC Civil Registrar to submit their applications. They
wanted to change their legal status and stop being single #FalcisvCRGOrals

 

Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Growing old and getting sick but their partner wont be allowed in the
hospital to make decisions. And when they die, their partner will not have the
legal right - and duty - to make funeral arrangements of and bury their loved one
#FalcisvCRGOrals

  1 9


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: And they are worried about growing old. Growing old and paying GSIS
and PhilHealth but their partner wont benefit from it #FalcisvCRGOrals

  7


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Despite the fact that they got married under a religious ceremony, he was
accused of immorality and he could not show naysayers that its as ok for he
could not legally marry #FalcisvCRGOrals

  3


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: One struggle they shared was when Marlon Felipe, a public school
teacher, was accused of being immoral in his workplace. Some people heard he
was gay and living together with his partner #FalcisvCRGOrals

  1


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Since then, they have deported themselves as spouses - husband and
husband - to their friends and families. together, they have lived under one roof,
paid their bills, and shared their struggles #FalcisvCRGOrals

  1


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Petitioners Agbayani and Felipe have been together for 12yrs. They met
and fell in love and they got married under a religious ceremony by the
Metropolitan Community Church—an LGBT affirming Christian denomination
#FalcisvCRGOrals

https://twitter.com/SCPh_PIO
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1


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: Without the right to marry, people are denied the freedom to choose their
status. #FalcisvCRGOrals

  5


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: At its core, what is marriage? “The freedom to choose her status, which is
a privilege that inheres in her as an intangible and inalienable right…”
#FalcisvCRGOrals

  1 8


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: When Consti says no person shall be denied equal protection of the laws
& the State values the dignity of every human person,it requires that marriage
includes couples, straight or LGBT,who are similarly situated as a class that
would serve as the foundation of the family

 2  14 28


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: But something in the Consti requires that lesbian, gay, bisexual, or
transgender (LGBT couples) be included in the definition of marriage
#FalcisvCRGOrals

  1


Supreme Court PIO   @SCPh_PIO · Jun 18 
Falcis: The text of the Constitution is clear - marriage, as an inviolable social
institution, is the foundation of the family. Nothing in the Consti limits the
definition of marriage as between a man and a woman #FalcisvCRGOrals

  5 15


Supreme Court PIO   @SCPh_PIO · Jun 18 
Petitioner, Atty. Jesus Nicardo M. Falcis III, now delivers the rest of the opening
statement for petitioner and petitioners-in-intervention #FalcisvCRGOrals

  2


Supreme Court PIO   @SCPh_PIO · Jun 18 
Angeles asks the SC to rule for same-sex marriage, rule to love, for to love is to
be human #FalcisvCRGOrals

  14 41


Supreme Court PIO   @SCPh_PIO · Jun 18 
Angeles asserts1987 Consti never envisioned marriage as being between a man
and a woman. There is absolutely no language in the 1987 Consti or any of the
previous Constis that imposes a gender restriction in order for Filipinos to
exercise their right to marry #FalcisvCRGOrals

  11 30


Supreme Court PIO   @SCPh_PIO · Jun 18 
Angeles citing Diocese of Bacolod v COMELEC: “it is this court’s constitutional
mandate to protect the people against govt’s infringement of their fundamental
rights.” This duty is highlighted by SC’s expanded certiorari jurisdiction—Art VIII
Sec 1, 1987 Consti #FalcisvCRGOrals

  2 5


Supreme Court PIO   @SCPh_PIO · Jun 18 
Angeles: This is a case of first impression involving the very definition of the right
to marry. #FalcisvCRGOrals

 

Supreme Court PIO   @SCPh_PIO · Jun 18 
Angeles: This law, in capriciously limiting marriage between men and women,
debases human beings who are LGBTs by depriving them of a right inherent in
https://twitter.com/SCPh_PIO 13/20
6/24/2018 Supreme Court PIO (@SCPh_PIO) | Twitter
every human being #FalcisvCRGOrals

 1  1 7


Supreme Court PIO   @SCPh_PIO · Jun 18 
Angeles: As will be explained by my co-counsel later in words that can only
come from a person so aggrieved, the assailed Family Code provisions unjustly
& arbitrarily deprive him&our clients of their fundamental right marry solely on the
basis of their gender #FalcisvCRGOrals

  1 2


Supreme Court PIO   @SCPh_PIO · Jun 18 
Angeles: In Republic v Albios (2013) it is not within the powers of the State to
“dictate any kind of life that a couple chooses to lead” and “any attempt to
regulate their lifestyle…would raise serious consti questions” #FalcisvCRGOrals

  10


Supreme Court PIO   @SCPh_PIO · Jun 18 
Angeles citing 2018 case Republic v Manalo: it is an associational right founded
on the universally recognised liberty of every human person to associate with
whom his or heart so chooses without interference from the State
#FalcisvCRGOrals

  5 7


Supreme Court PIO   @SCPh_PIO · Jun 18 
Angeles: The right to marry is one of the most cherished and basic rights of any
person #FalcisvCRGOrals

  9


Supreme Court PIO   @SCPh_PIO · Jun 18 
Angeles: Petitioners pray for a judgment of unconstitutionality against Art. 1, 2,
6(4), and 55(6) of the Family Code for violating the fundamental constitutional
right to marry of lesbians, gays, bisexuals, or transgenders in the PH
#FalcisvCRGOrals

  2 3


Supreme Court PIO   @SCPh_PIO · Jun 18 
Atty. Darwin P. Angeles for the petitioner and petitioners-in-intervention now
delivers their opening statement on the procedural issues #FalcisvCRGOrals

  1 6


Supreme Court PIO   @SCPh_PIO · Jun 18 
The Court is now in session. #FalcisvCRGOrals

  14 42

Supreme Court PIO   @SCPh_PIO · Jun 18 


https://twitter.com/SCPh_PIO 14/20

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