Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

1015

HOUSE BILL NO.

Introduced by
REPRESENTATIVE BERNADETTE HERRERA-DY

AN ACT RECOGNIZING THE PARTNERSHIP OF COUPLES,
PROVIDING THEIR RIGHTS AND OBLIGATIONS

EXPLANATORY NOTE

Section I, Article lll of the 1987 Constitution provides:

"Section 1. No person shall be deprived of life, liberty or property
without 4 due process of law, nor shall any person be denied the
equal protection of the laws."

While there has been greater acceptance of minority groups in recent
years, it is notable, however, that the Philippines has not made sufficient strides
in providing some of the most basic civil rights to couples who are not eligible for
marriage under the law. A large part of this affected population is the Lesbian
GayT Bisexual and Transgender (LGBT) community. By reason of their sexual
orientation and who they leave, they are excluded from entering into legally
recognized arid protected unions

This exclusion exacerbates the reality that most, if not all of these couples
confront. For example, they cannot declare their partners as beneficiaries under
social security and insurance plans. Further, they are unable to inherit through
intestate rights in the event of the death of their partner. These restrict basic
liberties that are available to most citizens, despite these couples taking part in
loving, committed and long-term relationships.

This bill, recognizing the Constitutional right of all Filipinos to equal
protection of the laws and to freely associate with others, hereby proposes to


allow couples to enter into a civil partnership, whether they are of the opposite or
of the same sex. it aims to be a landmark effort to provide civil rights, benefits,
and responsibilities to couplesl previously unable to marry, by giving them due
recognition and protection from the State. Lastly, it protects civil partnership
couples by penalizing unlawful and discriminatory practices committed by
persons or institutions against them on the basis of their civil partnership status.

Ultimately, at the core of a civil partnership are MIO fully consenting adults
who, like many Filipinos, merely wish to love, care and support each other as
they build a life together during their fleeting time here on earth. It is about time
that the Philippine government grant couples, whether they are of the opposite
or of the same sex, adequate legal 5 instruments to recognize their partnerships,
respecting their dignity and recognizing their 6 equality before the law.

In view of the foregoing, approval of this bill is highly and earnestly sought.

BERNADETTE HERRERA-DY


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES

Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

House BiLt no.1015

Introduced by
REPRESENTATIVE BERNADETTE HERRERA-DY

AN ACT RECOGNIZING THE CIVIL PARTNERSHIP OF COUPLES,
PROVIDING THEIR RIGHTS AND OBLIGATIONS
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SEC. 1. Short Title. - This Act shall be known as the "Civil Partnership Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to value the
dignity of every human person and guarantee full respect for human rights,
Toward this end, the State shall give full support to the welfare and well-being of
couples, of either the opposite or same sex, who are in a relationship and are
denied their rights and obligations on account of absence of legal provisions that
recognize their relationship and amply provide for their protection.

SEC. 3. Definition of Terms. —As used in this Act:

a) Civil partnership refers to a special contract of a union between two (2)
persons of opposite or same sex who enter into a mutual agreement to perform
the rights and obligations as stated in this act;

b) Civil partnership couple refers to individuals who formally enter into a civil
partnership in accordance with the provisions of this Act;

c) Authority to enter into civil partnership refers to a document issued by the local
civil registrar of the city or municipality where each of the parties habitually
resides; or to the Consul-General if the contracting party/parties reside outside
the Philippines;

4) Civil partnership contract refers to a document that certifies that the persons

25 named on the certificate have established a civil partnership in compliance
with this Act;

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e) Pre-civil partnership agreement refers to an agreement pertaining to the
properly regime between prospective partners in a civil partnership made
contemplation of establishing a civil partnership which shall be registered with
the local civil registry; and

£) Property refers to an interest, present or future, legal or equitable, vested or 5
contingent, in real or personal property, including income and earnings.

SEC. 4. Recognition of Civil Partnership. — Any person who complies with the
requirements herein provided, shall be allowed to register and enter into a civil
partnership, and shall be bound by the obligations and responsibilities and enjoy
the protections and benefits afforded by this Act. The rights of civil partnership
couples shall be recognized and respected.

SEC. 5. Requisites of a Civil Partnership. — No civil partnership shall be valid 14
unless the following requirements are present

a) Legal Capacity of the contracting parties. For purposes of this Act, there
is 17 legal capacity if the parties:

1) Are at least eighteen (18) years of age, provided consent of the

parents or legal guardians is required if either or both of the
contracting parties is/are between the ages of eighteen (18)
and twenty-one (21) years old;

2) Are not prohibited to enter into a civil partnership by reason
of public policy, based on the following grounds: and

a. between ascendants and descendants of any degree;

b. between brothers and sisters, whether of full or half-blood;

c. between collateral blood relatives, whether legitimate or
illegitimate up to the fourth civil degree;

d. between step-parents and step-children;

e. between parents-in-law and children-in-law;

f. between the adopting parent and the adopted child;

g. between the surviving spouse or partner of the adopting
parent and the adopted child;

h. between the surviving spouse or partner of the adopted
child and the adopter;

i. between an adopted child and the legitimate child of the
adopter;

j. between the adopted children of the same adopter;

k. between parties where one, with the intention to enter into a
civil partnership contract with the other, killed that other
person's civil partner or spouse or his/her own spouse or civil
partner;

3) Are free from any existing bond of marriage or civil partnership;

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b) Consent freely given in the presence of a duly licensed notary public;
c) A valid authority to enter into a civil partnership issued by and
obtained from the local civil registrar of the city or municipality where
each of the contracting parties habitually resides; and

d) A civil partnership contract shall be executed with their personal
appearance of the contracting parties before the notary public and their
50 personal declaration, as proof of consent freely given, that they take
each 51 other as civil partners in the presence of not less than two (2)
witnesses.

The absence of any of the requisites mentioned in this section shall
render the civil partnership void ab initio. A defect in the requirements
provided under paragraphs (a), and (b) shall be a ground for the
dissolution of the civil partnership. However, a defect in paragraphs

(c) and (d) shall be deemed a mere irregularity, which shall not affect the
1 validity of civil partnership but the persons responsible for the
commission of the 2 irregularity shall be civilly, criminally and
administratively liable.

SEC. 6. Authority to enter into a civil partnership and civil partnership contract. The
requirements for and prohibitions relative to, as well as the procedures in the
issuance of a valid authority to enter into a civil partnership contract are the following:

a) For contracting parties who are both Filipino citizens residing in the

Philippines, an authority to enter a civil partnership shall be issued
by the Local Civil Registrar of the city or municipality where each of
the contracting party habitually resides;

b) For contracting parties who are Filipino citizens residing abroad, the
issuance of the authority to enter into a civil partnership and the
duties of the local civil registrar shalll be performed by said consular
official authorized to authenticate in the country where either of them
resides;

) For contracting parties whereby one is a Filipino citizen and the other is a
citizen of another country, who are both residing in the Philippines, the issuance
of the authority to enter into a civil partnership shall be issued by the local civil
registrar of the city or municipality where the Filipino contracting party habitually
resides. In the case of the foreigner contracting party, he/shall obtain an
authority to enter into a civil partnership, or any 24 similar document evidencing
capacity to enter into a civil partnership under 25 the laws of his/her country of
citizenship.

4) For contracting parties whereby one is a Filipino citizen and the other is a
citizen of another country, who are both residing abroad, the duties
of the

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local civil registrar shall be performed by said Philippine consular
official

authorized to authenticate in the country where the Filipino
contracting party

resides. In the case of the foreigner contracting party, he/she shall
obtain

an authority to enter into a civil partnership, or any similar document
evidencing capacity to enter into a civil partnership under the laws of
his/her

country of citizenship;

e) Each of the contracting parties shall file separately a sworn application to

enter into civil partnership contract with the proper local civil registrar, It shall be
duty of the notary public to furnish either of the contracting parties the original of the
civil partnership contract and to send the duplicate and triplicate copies of the contract
not later than fifteen (15) days after the civil partnership ceremony, to the Local Civil
Registrar of the place where the civil partnership was administered. Any person
responsible to furnish the 43 original and copies of the contract who fails to the same
within the period 44 provided shall be civilly, criminally and administratively liable.

SEC. 7. Pre-Civil Partnership Agreement. — Civil partnership couples may, within
the limits provided for by this Act, fix their property relations by executing a pre-civil
partnership agreement which shall be in writing, with a statement of assets annexed
thereto, signed by both parties, and contained in a public instrument.

Such a regime shall govern the right to own, dispose of, possess, administer
and enjoy properties, subject to modifications, which are not contrary to law, morals,
good customs, public order or public policy, given the nature of their partnership.

Any stipulation or agreement that is inimical to the interest of the civil partnership
relative to sustenance and support for medical treatment, dwelling, food, clothing and
other 1 needs of the couple, or adversely affects the right of children to receive
support, shall 2 automatically be declared void. Stipulations which are not contrary to
law, morals good 3 customs, public or public policy shall not be invalidated and shall
remain effective. 4

A pre-civil partnership agreement becomes effective upon the establishment of
the 6 civil partnership.

In the absence of a pre-civil partnership agreement or when the regime agreed
upon is void, the regime of total separation of property shall govern. For civil
partnerships declared void ab initio, the properties acquired by civil partnership
couples while they live together shall be presumed, unless proven otherwise, to have
been obtained through their joint efforts, work and industry, and shall be governed by
the rules on co-ownership of property, unless otherwise provided for in a pre-civil
partnership agreement.

SEC. 8. Revocation of Pre-Civil Partnership Agreement.

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Upon the establishment of a civil partnership, a pre-civil partnership agreement
may be revoked only by a duly notarized written agreement, freely and consensually
entered into, signed by the 18 parties and approved by the court. The court's role is to
ensure that the revocation of the 19 property regime is consensual.

Any party may file a petition for revocation of a pre-civil partnership agreement
before the court, the court shall have exclusive jurisdiction to settle all issues regarding
revocation. The burden of proof to set aside a pre-civil partnership agreement shall be
upon the party alleging the agreement to be unenforceable. A pre-civil 25 partnership
agreement shall be unenforceable if the party seeking to set the same aside 26 proves,
by clear and convincing evidence, that:

a) The party executed the agreement involuntarily; or
b) The agreement was unconscionable at the time enforcement was
sought; or

c) The party, before execution of the agreement, failed to

d) Provide full and fair disclosure of the eamings, property and financial
obligations of the other party;

e) Voluntarily and expressly waive, in writing, any right to disclosure
of the property or financial obligations of the other party; or

f) Have, or reasonably have had, an adequate knowledge of the
property or financial obligations of the other party; or

g) Consult with independent legal counsel and voluntarily and
expressly waive, in writing, the opportunity to consult with
independent legal counsel.

h) In case a disagreement and the parties cannot settle the issue of
unconscionability of a pre-civil partnership agreement, the issue shall
be determined by the court.

SEC. 9. Benefits and Protections of Civil Partnership. —. Benefits and 45
Protection of Civil Partnership. — Civil partnership couples shall be afforded the 46
following benefits, protections and responsibilities.

a) All benefits and protections as are granted to spouses in a marriage
under existing laws, administrative orders, court rulings, or those derived as a
matter of public policy, or any other source of civil law;

b) Laws of marital relations, including donations by reason of marriage,
legal separation, adoption, child custody and support, property division and
maintenance, and spousal support shall apply to civil partnership couples;

) Rights of civil partnership couples with respect to a child of whom both
become the parents of during the terms of the civil partnership, shall be the same
as those of a married couple with respect to their child;

d) All contracts made between persons in contemplation of a civil
partnership

shall remain in full force after such civil partnership takes place;

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e) A certified true copy of the record of the civil partnership from the local
civil registrar having custody of the record shall be presumptive evidence of the
civil partnership for all legal purposes;

f) Laws relating to interstate succession, survivorship, or other incidents of
the 13 acquisition, ownership or transfer, inter vivos or at death, or real or
personal property, as affecting parties to a marriage, shall likewise be applicable
to civil partnership couples;

g) Causes of action related to or depended upon spousal status, including
torts or actions under contracts reciting, related to, or dependent upon spousal
status may be availed of by civil partnership couples;

h) Civil partnership couples shall automatically have insurable interest over
their respective partners and may avail of benefits relating to insurance,health
and pension benefits provided to married couples;

i) Labor standard benefits and privileges accorded to employees based on
26 marital status shall likewise be accorded to employees who entered into a civil
partnership;

j) Benefits under tax laws relating to marital status shall be applicable to
civil partnership couples;

k) Civil partnership couples are covered by laws relating to immunity from
33 being compelled to testify against the other as provided under the Rules of
Court;

1) Civil partnership couples shall have the authority to give consent to any
medical treatment in behalf of his/her civil partner under a serious medical
condition; and

m) Allow equal visitation rights in hospitals and detention facilities for civil
partnership couples and ensure their right in making medical and burial 42
decisions.

SEC. 10. Obligations of Civil Partnership Couples. — Civil partnership couples
legally owe each other respect, fidelity, support and assistance. They are bound
to live
together and are jointly responsible in the management of their household;
exercise of parental authority, if applicable; the contribution towards expenses; the
maintenance of the civil partnership residence; and other duties which married couples
are jointly responsible for.

Civil partnership couples shall have the same obligations with respect to a child of
whom both become the parents of during the terms of the civil partnership, as those
as those of a married couple with respect to their child as provided for in existing laws.

SEC. 11. Inheritance Rights. — For purposes of inheritance rights, a partner in a
civil partnership shall be considered a compulsory heir of the other, who shall have the
same rights and benefits under Republic Act No. 286, otherwise known as the “Civil
Code of the Philippines," as amended and the Family Code of the Philippines, as
amended.

The provisions under existing laws of the Philippines on the successional rights
‘of the child shall likewise be applied.

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SEC. 12. Adoption Rights. —Civil partnership couples residing in the
Philippines who have the qualifications and none of the disqualifications may
adopt if the requirements for a valid adoption, as provided under existing laws
are complied with. If the adopting civil partnership couple are persons of
diverse sexual orientation, gender identity and/or expression (SOGIE), this fact
alone shall not be considered as proof of bad moral character. The sexual
orientation, gender identity and/or expression 12 of the adopting civil
partnership couple shail not be a qualifying requisite for a valid 13 adoption.
There shall be no discrimination against civil partners who will adopt children.

The best interest and welfare of the child shall always be the paramount
consideration in deciding matters concerning the adoption of a child by civil partnership
couples.

SEC. 13. Social Security and Insurance Membership. (note: ask comments from
the authors on the title of the section)- Social Security and Insurance Membership.

— Civil partnership couples shall have the same rights and privileges as that
granted to married couples with regard application for social security and other
insurance membership and claiming entitlement to their benefits. The Social Security
System, Government Service Insurance System, Philippine Health Insurance
Corporation, [and] other benefits-related state agencies AND PRIVATE INSURANCE
PROVIDERS shall restructure their benefits system to accommodate parties to civil
partnerships and their corresponding dependents.

SEC. 14, Dissolution of Civil Partnership. — The procedures and grounds for the
dissolution of civil partnership, are as follows:

a) Physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner,

b) Physical violence or moral pressure to compel the petitioner to
change religious or political affiliation;

c) Attempt of respondent to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to engage in prostitution, or
connivance in such corruption or inducement;

d) Final judgment sentencing the respondent to imprisonment of
more than six years, even if pardoned;

e) Drug addiction or habitual alcoholism or chronic gambling of the
respondent;

f) Contracting by the respondent a subsequent bigamous marriage
and/or civil partnership, whether in the Philippines or abroad;

g) Infidelity or perversion or having a child with another person other
than one's civil partner during the civil partnership, except when upon the

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mutual agreement of both parties a child is born to them by intro vitro or a
similar procedure or when the partner bears a child after being a victim of
rape;

h) Attempt by the respondent against the life of the petitioner, a
common child or a child of the petitioner;

i) Abandonment of petitioner by respondent without justifiable cause
for more than one (1) year; and

j) That either party was of unsound mind, unless such party after
coming to reason, freely cohabited with his/her civil partner;

k) That the consent of either party was obtained by fraud, unless
such party afterwards, with full knowledge of the facts constituting the
fraud, freely cohabited with his/her civil partner;

1) That the consent of either party was obtained by force,
intimidation or under influence, unless the same having disappeared or
ceased, such party thereafter freely cohabited with his/her civil partners;

m) That either party was afflicted with a sexually transmissible
infection found to be serious or appears to be incurable;

n) When the civil partners have been separated in fact for at least
five (5) years at the time the petition for dissolution of civil partnership is
filed, and reconciliation is highly improbable, except when the separation
is due to the overseas employment of one or both parties in different
countries or due to the employment of one of the parties in another
province or region distant from the conjugal home;

0) When either of the civil partners are psychologically incapacitated
at the time they entered into the civil partnership contract; and

P) Irreconcilable civil partnership differences and conflicts which
have resulted 29 in the total breakdown of the civil partnership beyond
repair, despite earnest 30 and repeated efforts at reconciliation.

Parties may, through a verified joint petition filed before the appropriate Regional
Trial Court, move for the consensual termination of their civil partnership. The
petition must include a joint plan for parenthood over common children, if any.
The joint plan must provide for the support and living arrangements of the
common children. The court shall ensure its enforcement and shall review the
plan on an annual basis or as often as possible, in case the need arises. An
action for joint petition for the termination of a civil partnership shall not be tried
before six (6) months have elapsed since the filing of the petition. If the court
determines that the consent of both parties was freely given and that the joint
plan for parenthood is sufficient to protect the rights and interests of the children,
the court shall grant the joint petition.

SEC. 15. Protection of Children in Case of Dissolution of Civil Partnership.
— To protect the rights and interests of children in the event of dissolution of the
civil partnership, the court shall consider the following factors in so far as support
for children, if applicable, is concerned:
a. Needs of the child;
b, Standard of living and economic circumstances of each parent;

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c. All sources of income and assets of each parent;
d. Eaming ability of each parent, including education
background, training, employment skills, work experience,
custodial responsibility for children including the cost providing
child care and the length of time and cost of each parent to
obtain training or experience for appropriate employment;
(a) Need and capacity of the child for education, including
higher education;
(b) Age and health of the child and each parent;
(c) income, assets and earning ability of the child;
(d) Responsibility of the parents for the court-ordered support
of others;
(e) Reasonable debts and liabilities of each child and parent;
and
(f) Any other factors the court may deem relevant.

The obligation to give support for a child who has not been emancipated by the
court shail not terminate solely on the basis of the child's age if the child suffers
from a severe mental or physical incapacity that causes the child to be financially
dependent on a parent. The obligation to give support for that child shall continue
until the court finds that the child is relieved of the incapacity or is no longer
financially dependent on the parent.

SEC. 16, Support Pendente Lite. — In all actions brought for dissolution of a civil
partnership, legal separation from a partner in a civil partnership couple or annulment
of 16 the civil partnership, the court may provide for support pendente lite. In so doing,
the court 17 shall consider the following factors, among others:

a) The actual need and ability of the parties to pay;

) The duration of the civil partnership;

c) The age, physical and emotional health of the parties;

d) The standard of living established in the civil partnership and the likelihood
that each party can maintain a reasonably comparable standard of living:

e) The eaming capacities, educational levels, vocational skills and employability
of the parties;

£) The length of absence from the job market of the party seeking maintenance;
g) The parental responsibilities for the children;
h) The time and expense necessary to acquire sufficient education or training to

enable the party seeking maintenance to find appropriate employment, the

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availability of the training and employment, and the opportunity for future
acquisitions of capital assets and income;

i) The history of the financial or non-financial contributions to the civil partnership
by each party including contributions to the care and education of the children
and interruption of personal careers or educational opportunities;

}) The equitable distribution of property ordered and any payouts on equitable
distribution, directly or indirectly, out of current income, to the extent this
consideration is reasonable, just and fair;

k) The income available to either party through investment of any assets held by
that party; and

1) Any other factors which the court may deem relevant.

For purposes of liquidation of earned assets and properties during the civil 2
partnership, household support and assistance are deemed equivalent to actual
work and industry.

Dissolution of the civil partnership shall not prejudice the right of children to 6
legitimes under the Family Code of the Philippines, as amended.

SEC. 17. Unlawful or Discriminatory Employment Practices. — The following
are declared as unlawful or discriminatory employment practices IN PUBLIC
AND 10 PRIVATE WORK PLACES:

a) For an employer, to refuse to hire or employ or to bar or to discharge or
require to retire, unless justified by lawful considerations other than age, from
employment such individual because of civil partnership status, or to
discriminate in any way against such individual in compensation or in terms,
conditions or privileges of employment INCLUDING TRAINING AND
PROMOTION;

b) For a labor organization, to exclude or to expel from its membership such
individual because of civil partnership status, or to discriminate in any way
against of its members, against any applicant for, or individual included in, 22
any apprentice or other training program or against any employee or any
individual employed by an employer;

c) For any employees or employment agency to print or circulate or cause to be
printed or circulated any statement, advertisement or publication, or to use any
form of application for employment, or to make an inquiry in connection with
prospective employment, which expresses, directly or indirectly, any limitation,
specification or discrimination as to civil partnership status for employment;

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d) For any owner, lessee, proprietor, manager, superintendent, agent, or
employee of any place of public accommodation, directly or indirectly, to refuse,
withhold from or deny to any person any of the accommodations, advantages,
facilities or privileges thereof, or to discriminate against any person in the
furnishing thereof, or directly or indirectly to publish, circulate, issue, display
post or mail any written or printed communication , notice or advertisement to
the effect that any of the accommodations, advantages, facilities, or privileges
of any such place will be refused, withheld from, or denied to any person on
account of civil partnership status; and

e) For any person, including any owner, lessee, sublessee, assignee or
managing agent of, other person having the right of ownership or possession of
or the right to sell, rent, lease, assign, or sublease any real property or portion
thereof, or any agent or employee of any of these to refuse to sell, rent, lease,
assign or sublease or otherwise deny to or 47 withhold from any person or
group of persons any real property or part or 48 portion thereof because of civil
partnership status.

SEC. 18. Penalty Provisions. — (a) Any person who knowingly or willfully refuses
to issue authority to enter into a civil partnership or civil partnership contract
despite being authorized to do so; denies rights and benefits entitled to civil
partnership couples; or commits unlawful, discriminatory employment
practices[,]; OR COMMITS UNLAWFUL DISCRIMINATORY PRACTICES TO
CHILDREN OF CIVIL PARTNERSHIP COUPLES as provided for in this Act,
shall be penalized by a fine of not less than One hundred thousand pesos
(P. 100,000.00) but not more than Five hundred thousand pesos
(P500,000.00) or imprisonment of not less than one (1) year but more than
six (6) years, or both, at the discretion of the court.

If the offender is a corporation or association, the officer responsible for the acts
enumerated in this Section shall be criminally and civilly liable.

If the offender is a public officer, prosecution under this Act shall be without
prejudice to the filing of any administrative case against the public officer under other
existing laws.

(b) Any person who commits an act of infidelity while bound in a civil
partnership, as defined in Section 1 1 of this Act, shall be punished by prision
correccional in its medium and maximum periods.

SEC. 19. Separability Clause. — If, for any reason, any section or provision of
this 16 Act is declared unconstitutional or invalid, the other sections or provisions which
are not affected shall continue to be full force and effect

SEC. 20. Repealing Clause. — [Pertinent provisions of the Family Code of the
Philippines, as amended, the Ci vil Code of the Philippines, as amended, and the
Domestic Adoption Act of 1998, which are inconsistent with the provisions of this Act
are hereby amended accordingly] All [other] laws, decrees, executive orders,

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[proclamations] ORDERS, rules and regulations, or parts thereof, inconsistent with the
provisions of this Act are [also] hereby amended, [or] repealed OR MODIFIED 25
accordingly.

SEC. 23. Effectivity. -This Act shall take effect fifteen (15) days after its
publication 28 in the Official Gazette or in a newspaper of general circulation.

Approved

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