[Private and Confidential]

27 July 2022

Mhargauxh Santos and

Cheerfulllyn San Pedro
Makati City

Dear Mhargauxh and Cheerfulllyn,

Thank you for reaching out last 09 July, 2022.

You mentioned that you are a same-sex couple and you are both single and Filipino
citizens. You said that you wanted to marry each other and that you could do legally
in State X. Your purpose is to formalize your union and to get all the rights and
benefits associated with being married.

This legal opinion seeks to address your inquiries regarding the laws of same-sex
marriages in the Philippines and the implications of getting married in State X.

The Family Code is the law that governs marriages in the Philippines. Articles 1 and
2 of the code state that:
“Article 1. Marriage is a special contract of permanent union
between a man and a woman entered into in accordance with law
for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and not
subject to stipulation, except that marriage settlements may fix the
property relations during the marriage within the limits provided by
this Code.” (Emphasis added)

Article 2. No marriage shall be valid, unless these essential requisites

are present:

(1) Legal Capacity of contracting parties who must be a male and

a female; and

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 (2) Consent freely given in the presence of the solemnizing
officer.”(Emphasis added)

These provisions limit marriage to a union between a man and a woman. Currently,
the Philippines does not offer any legal recognition for same-sex marriage, civil
unions, or domestic partnership benefits. Without marriage, same-sex couples
suffer from substantially fewer rights compared to heterosexual couples. In your
case, given that you are a same-sex couple, who have plans to marry each other in
State X, your marriage will not be legally recognized in the Philippines.

I hope that I was able to answer your queries. Please be reminded that my opinion
is based solely on your narrated facts and may vary when new facts arise.

Thank you!

Very truly yours,

ATTY. YUZLE JAN D. MELAD

Melad & Associates Law Office
Contact #: 0919-087-6545
Email: melad&associateslawoffice@gmail.com.ph

Classified as Confidential. Please do not forward this to unintended users. Otherwise, request necessary permission.