Metro Manila (CNN Philippines) — Renowned singer/actor Aiza Seguerra has been in a committed relationship with her girlfriend Liza Dino for over two years.
They have been living as a married couple for several months now after their wedding in the United States in late 2014. Yet up to now, Aiza has to indicate that she is “single” when she fills out government forms and other official documents.
Apparently, this mundane task is something that still strikes a nerve for Aiza.
“Masakit (it hurts) because you believe in your heart that you’re married,” Aiza shared, when she appeared as guest for Legal Help Desk (LegalHD) on CNN Philippines.
“Sometimes I get these bouts of frustration. These are the things that some heterosexual couples take for granted… like the simple act of being able to tick ‘married’,” Aiza goes on to say as she shared how she almost felt like crying while filling out forms in a government agency.
Last June 26, 2015, the United States Supreme Court declared “same-sex marriages” as constitutional in all of its country’s fifty states. In the Philippines, same-sex marriage is not legal.
The Philippine Family Code specifically defines “marriage” as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.”
This restrictive definition spells a huge difference because any other union between two people who are not a man and a woman is, as a consequence, not a valid marriage under Philippine law. This is something that Filipino citizens cannot escape.
All matters relating to family rights and duties, or to the status (such as being married) of Filipino citizens are subject to Philippine laws, even if they live abroad.
Thus, even if Filipino same-sex couples get married in a country where same-sex marriage is legal, such marriages will be void or not recognized under Philippine law.
It seems that same-sex couples are bound to remain “single” for legal purposes.
This is precisely the situation that Aiza and Liza (both Filipino citizens) find themselves in.
The legal consequences of two people being “married” under Philippine law are far-reaching. Some significant areas which are affected based on the legal status of couples include their property relations; ability to have and raise children as spouses; the surviving partner’s rights to the other partner’s properties in case of the latter’s death; the ability to carry a partner’s surname; and the ability to name the partner as a beneficiary under government health or insurance programs.
‘ ’25’:
While at LegalHD, Aiza asked how Liza’s ownership interest in their house can be protected since the title is in the name of the former.
Because Aiza and Liza are not married, the house they purchased together is not considered as “conjugal property”.
They would have to find other legal means to share their ownership rights over such house (such as entering into a co-ownership arrangement or partnership, etc).
For heterosexual couples, properties they individually own or buy together automatically become part of their conjugal properties upon marriage (subject to some exceptions and absent a prenuptial agreement).
Aiza and Liza cannot name each other as “beneficiary” in each of their entitlements from government programs like the Social Security System, Pagibig or Philhealth.
This restriction has legal basis because under Philippine law same-sex couples have no legal relation with each other, either by consanguinity or affinity.
Technically, same-sex couples are strangers to each other—they are not related by blood or by marriage ties.
The absence of a legitimate marriage between same-sex couples also affects their ability to raise or have children together. For heterosexual couples, the husband or wife may adopt the spouse’s child from a previous relationship. Adoption would make the child “legitimate” and would clothe the child with all legal rights as if born from the marriage of the couple (such as the right to inherit from both parents).
Liza has a child from a previous relationship. Aiza, Liza and the child have been living together as a family for the past several months. But under Philippine laws, Aiza cannot adopt Liza’s child to enable her and Liza to share parental authority; or for Aiza to be recognized as a “parent” along with Liza. Same-sex couples may not inherit from each other because Philippine laws on succession do not recognize their legal relation regardless of how long they have lived together.
‘ ’44’:
There are several gaps between benefits enjoyed under Philippine laws by heterosexual couples who are married, and same-sex couples who cannot be legally married.
“It’s a form of formal discrimination,” says Attorney Jay Bordon, co-founder of the Lesbian Gay Bisexual Transgender (LGBT) Bar Association.It is unclear at this point whether Philippine laws will be amended soon to address these issues.
For Aiza Seguerra, this is primarily an issue of equal treatment. Her final remarks in LegalHD were, “we are just asking for equality here. Hindi sa Church, kung ‘di sa Pilipinas…sa bansa (Not in the Church, but in the Philippines…in the country). We’re talking about laws na sana matignan kaming mga LGBT as equals (We’re talking about laws that hopefully will view us, LGBTs, as equals). ”
