It’s final: SC junks petition for same-sex marriage

MANILA, Philippines — The Supreme Court (SC) has junked with finality the petition seeking to legalize same-sex marriage in the Philippines.

In a two-page notice issued by the SC last Dec. 10 and made available yesterday, the SC denied “with finality the said motion for reconsideration as no substantial arguments were presented to warrant the reversal of the questioned decision.”

In October 2015, Jesus Nicardo Falcis III, an openly gay lawyer, filed the petition that sought to strike down the prohibitions against same-sex marriage under the Family Code.

The SC unanimously found the lawyer’s petition deficient in September last year, citing his lack of legal standing, violation of the principle of hierarchy of courts and failure to raise an actual, justiciable controversy.

Falcis filed a Motion for Partial Reconsideration dated Nov. 14, 2019.

“No further pleadings or motions will be entertained,” said SC Clerk of Court Edgar Aricheta.

During oral arguments on the violation of the hierarchy of courts, the SC cited how United States activists followed the hierarchy of courts before reaching the high court, where they won the same-sex marriage case.

While the SC recognized the struggles of the LGBT community, the high court decided that Congress should address matters on same-sex partnerships.

The junking came despite the Court’s acknowledgement that the 1987 Constitution does not define or restrict marriage on the basis of sex, gender, sexual orientation or gender identity or expression.

The SC, through Associate Justice Marvic Leonen who penned the decision, had said “same-sex couples may morally claim that they have a right against discrimination for their choice of relationships and that official recognition of their partnerships may, for now, be a matter that should be addressed to Congress.”