Legalizing civil union in the Philippines: an analysis of the system of civil union in Chile and its equivalence with pertinent provisions of the family code of the Philippines / Lorenil A. Archival.
Material type:
TextPublisher: Cebu City : University of Cebu, 2017Description: iv, 90 leavesContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: Every person has a right to marry and establish a family. These rights are provided under the Universal Declaration on Human Rights and the 1987 Philippine Constitution. However, these right to marry is restricted to heterosexual couple only due the enactment of the family code of the Philippines. This law only allows a man and woman to marry. Because of the recognition the Lesbian, Gays, Bisexuals and Transgender Community (LGBT) in the country, the family code becomes a problem because the rights of these individuals cannot be freely exercised. In other countries, same-sex civil union is valid in the Philippines.
The study will use legal comparative analysis coupled with the commoncore method. The laws to be compared of are the Civil Union Agreement of Chile and the Family Code of the Philippines. The rights, obligations and duties of the couples will be the basis of comparison. The research will also define civil union from different countries. There is also a suggestion with regard to an amendment of some of the provisions of the family code of the philippines which are not gender neutral. The research will also discuss the constitutionality of the same sex civil union using the Universal Declaration on Human rights, the International and Domestic jurisprudence will be used as bases.
In the study the researcher found that same-sex civil union is valid in the Philippines because the 1987 Philippine Constitution does not prohibit it. On the comparison made by the researcher on the Civil Union agreement and the Family code of the Philippines, the obligations, rights, and duties of the couples are very similar. Also using the equal protection clause, specifically the intermediate test, there is a violation with regard to the definition of marriage under the family code. The test provides that there shall be equal opportunities of every individual with regard to their fundamental right to establish a family.
| Item type | Current location | Call number | Copy number | Status | Date due | Barcode |
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Thesis
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Reserved (Law) | T Ar25le 2017 (Browse shelf) | c.1 | Not for loan | 3UCBLL00008112 | |
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Thesis
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Reserved (Law) | T Ar25le 2017 (Browse shelf) | c.2 | Not for loan | 3UCBLL00008111 |
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Thesis (Degree of Juris Doctor) -- University of Cebu- Banilad, 2017.
Includes bibliographical references (leaves 83-89).
Summary: Every person has a right to marry and establish a family. These rights are provided under the Universal Declaration on Human Rights and the 1987 Philippine Constitution. However, these right to marry is restricted to heterosexual couple only due the enactment of the family code of the Philippines. This law only allows a man and woman to marry. Because of the recognition the Lesbian, Gays, Bisexuals and Transgender Community (LGBT) in the country, the family code becomes a problem because the rights of these individuals cannot be freely exercised. In other countries, same-sex civil union is valid in the Philippines.
The study will use legal comparative analysis coupled with the commoncore method. The laws to be compared of are the Civil Union Agreement of Chile and the Family Code of the Philippines. The rights, obligations and duties of the couples will be the basis of comparison. The research will also define civil union from different countries. There is also a suggestion with regard to an amendment of some of the provisions of the family code of the philippines which are not gender neutral. The research will also discuss the constitutionality of the same sex civil union using the Universal Declaration on Human rights, the International and Domestic jurisprudence will be used as bases.
In the study the researcher found that same-sex civil union is valid in the Philippines because the 1987 Philippine Constitution does not prohibit it. On the comparison made by the researcher on the Civil Union agreement and the Family code of the Philippines, the obligations, rights, and duties of the couples are very similar. Also using the equal protection clause, specifically the intermediate test, there is a violation with regard to the definition of marriage under the family code. The test provides that there shall be equal opportunities of every individual with regard to their fundamental right to establish a family.
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