LEGAL OPINION

Atty. Aven Sina B. Caubang

Rm. 17-A Aldevinco Shopping Center
C.M. Recto St., Davao City, Philippines
082 221-3362

To: Mr. Dexter Morgan

Dear Mr. Morgan,

This is in relation to your query last January 18, 2020 regarding the recognition of same-
sex marriage in the Philippines:

Q1. Can same-sex marriage be celebrated in the Philippines? And;

Q2.Will a same-sex marriage celebrated abroad be recognized in the Philippines?

A1.
Same-sex marriage celebrated in the Philippines is not legal and will not be recognized
because it is contrary the Family Code which defines marriage as “A special contract of permanent
union between a man and a woman entered into in accordance with the law for the establishment
of conjugal and family life.”

Based on the definition of marriage in the Family Code, it is necessary that the persons
getting married must be a man and a woman.

A2.
A same-sex marriage validly celebrated abroad may or may not be recognized in the
Philippines, depending on who recognizes it. The Family Code does not expressly list it as a void
marriage in the Philippines.

The Family Code provides that all marriages solemnized outside the Philippines in
accordance with the laws in force in the country where they were solemnized, and valid there as
such, shall also be valid in the country as long as it is not any of the following:

a. Marriage of a minor
b. Bigamous or polygamous marriage
c. Marriage through a mistaken identity
d. Marriage by a psychologically incapacitated person
e. Incestuous marriage; and
f. Marriage contrary to public policy, i.e. Marriage between Fist Cousins

Since the Family Code does not expressly list Same-sex marriage as void in the Philippines,
the law is silent as to its recognition. It is of my opinion that it is neither valid nor void in the
Philippines. It is merely left as it is.

I hope this explanation enlightened you regarding the topic.

Best regards,

_______________________
Atty. Aven Sina B. Caubang