'God fearing' chief justice applicant says premarital sex is immoral

MANILA, Philippines — Supreme Court Associate Justice Jose Reyes Jr., a candidate for top magistrate post, said that premarital sex is immoral and suggested that two consenting adults living together may constitute adultery or concubinage.

During the Judicial and Bar Council interview for chief justice aspirants, Reyes, a devout Catholic, was asked about his views on premarital sex. The question of retired justice Noel Tijam was premised on a controversial bill in Indonesia that seeks to outlaw sex outside of marriage.

"A relationship between a man and a woman should end with marriage. Even as an individual, I would not allow a relationship that is not based on law even moral, even civil law or canon law," Reyes said.

"As a Catholic, it’s immoral for two people to engage in premarital sex," Reyes added. Asked by Tijam if there is any provision on the Constitution that bans premarital sex, Reyes replied he has no idea but noted that the Family Code protects marriage.

“I would say it’s violative of moral law. If two consenting adults live together, then it may either constitute perhaps adultery or concubinage depending on the circumstances,” he said.

According to the Revised Penal Code, "any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place" is guilty of concubinage.

Adultery, meanwhile, "is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void."

Both crimes require a complaint from the offended spouse for prosecution.

According to 2015 data from the Philippine Statistics Authority, more than 80.3 million of the country's 100.9 million population at the time identified as Catholic. The PSA said in 2016 that 35.5% of young male Filipinos and 28.7% of young females have engaged in premarital sex.

'My religiosity has helped me a lot'

Early in the interview, Reyes, who has the least experience working at the Supreme Court, said his religiosity has helped him “a lot” in his career in the judiciary.

“I have no problem with continuing mg beliefs, my religiosity, being God fearing. In fact, it has helped me a lot and I wouldn’t be here if I didn’t believe in my faith and God,” he said.

Reyes, who was appointed by President Rodrigo Duterte in 2018, started his career in the judiciary in 1978 as a technical assistant to then Chief Justice Feliz Makasiar.

He also served as Regional Trial judge of Rizal and Metropolitan Trial Court judge in Pasig before rising to the appeals court. — Gaea Katreena Cabico with a report from Kristine Joy Patag