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Constitutionality of the portions of Article 1 and 2 of the Family Code of the Philippines, which defines marriage as between a man and a woman, and whether said articles violate the equal protection and due process provisions of the 1987 Constitution, (both in Article III, Section 1), and religious freedom (Article III, Section 5) of the ...
The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas) is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day.
The Family Code covers fields of significant public interest, especially the laws on marriage.The definition and requisites for marriage, along with the grounds for annulment, are found in the Family Code, as is the law on conjugal property relations, rules on establishing filiation, and the governing provisions on support, parental authority, and adoption.
Thus, while the Civil Code seeks to govern all aspects of private law in the Philippines, a Republic Act such as Republic Act No. 9048 would concern itself with a more limited field, as in that case, the correction of entries in the civil registry. Still, the amendment of Philippine legal codes is accomplished through the passage of Republic Acts.
The court stated that it could only make a decision if "real adversarial presentations" were shown, noting that the plaintiff could not claim injury since he was not seeking marriage for himself or had presented an actual case. The court, however, added that the 1987 Constitution in "plain text" imposes no restrictions on same-sex marriage.
A nomination process was held to select the members of the commission. The commission was composed of 48 national, regional, and sectoral representatives, which included lawyers, entrepreneurs, politicians, landlords, health professionals, religious leaders, labor and peasant leaders, university professors, and journalists.
The Family Court was created by Part 2 of the Crime and Courts Act 2013, merging the family law functions of the county courts and magistrates' courts into one. Two scenarios are covered by the Children Act of 1989: private law cases, where the applicant and respondent are usually the child's parents ; and public law cases, where the applicant ...
The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments .