On June 26, 2018, Acting Chief Justice Antonio Carpio made a pivotal remark during the Supreme Court’s oral arguments on a petition seeking to nullify the Family Code provisions limiting marriage to opposite-sex couples. In his statement, Carpio emphasized that civil partnerships between same-sex individuals are constitutional, regardless of whether they are embodied in law.
Carpio drew a distinction between the ‘historical, biblical, and social understanding’ of marriage as being between a man and a woman, while acknowledging that same-sex couples can forge agreements regarding property without infringing on the traditional concept of marriage. He further suggested that these partnerships could be seen as a new development or union, separate from traditional marriage.
The acting Chief Justice’s assertion came amidst oral arguments by Solicitor General Jose Calida, who opposed the petition to declare Articles 1 and 2 of the Family Code unconstitutional. Carpio directed the parties to submit their respective memoranda within 30 days before adjourning session, after which the case will be deemed submitted for resolution.
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