Falcis vs.

Civil Registrar (2019)

SUMMARY: A Petition for Certiorari and Prohibition, seeking to declare arts 1 and 2 of the Family Code
as unconstitutional.
PETITIONER:
RESPONDENT: Office assigned to answer the petition
FACTS: Articles 1 and 2 are supposedly unconstitutional for (1) depriving Falcis of his right to liberty
without substantial due process of the law, and (2) denying the existence of individual belonging to
denominations that believe in same-sex marriage
ISSUES: Does the mere passage of the Family Code create a controversy reviewable by the
court (NO)
HELD: Even without an overt act, the mere enactment of a law ripens it into judicial controversy, but
must be supported by sufficient facts for the Court to intelligently adjudicate. However, no factual
antecedents existed prior to the filing of the petition. The Court cannot do what Falcis wants without
aggregative legislative power unto itself.