An Act Governing The Recognition of

Same-sex Unions for the Sole

Purpose of Including the Partner as a
Compulsory Heir of the Other
(Or Vice Versa)
By:
ADAJAR, Melissa
AGUILERA, Emman
LAMBRINTO, Ahira Joy
MAYOR, Leah
SANCHEZ, Anna Patricia
This bill proposal is in relation
with Succession, in
accordance with the
provisions of
Articles 886 & 887
of the New Civil Code of the
Philippines.
 Art. 886

Legitime is that part of the testator's property

which he cannot dispose of because the law
has reserved it for certain heirs who are,
therefore, called compulsory heirs;
 Art. 887
The following are compulsory heirs:
(1) Legitimate children and descendants, with respect
to their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and
ascendants, with respect to their legitimate
children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural
children by legal fiction;
(5) Other illegitimate children referred to in Article 287.
 HISTORY

 16th and 17th century

Babaylan - a Visayan term identifying an
indigenous Filipino religious leader who functions
as a healer, a shaman, a seer and a community
“miracle worker”
 Male transvestite (Asog, Bayoc, or Bayog)
 BACKGROUND
90's - LGBT pride marches and mainstream

demonstrations on International Women’s Day
 LGBT political party - Ang Ladlad
73% of adult Filipinos agreed that homosexuality should

be accepted by society.
The Philippines is one of the countries in the world where
the level of public acceptance of homosexuals is high
despite its religiosity.
 BACKGROUND
 Argentina - Gender Identity Law in 2012
Uruguay and Mexico City - equal marriage
and adoption
Denmark, Brazil, France and New Zealand -
legalized same-sex marriage
In 2015, the US Supreme Court declared same-
sex marriage as constitutional in all its 50 states.
 BACKGROUND
 Philippines - House Bill No. 267 (Anti SOGI Discrimination Act)

 2013 Philippine National LGBT Community Dialogue

 Review, amend and repeal existing laws and policies that

criminalize or make diverse sexual orientation and gender
identity fraudulent or illegitimate, including provisions in the
Revised Penal Code, Family Code, existing case laws and
jurisprudence

 Make alternative options available to protect LGBT

relationships such as SPAs and living wills

 Defend the legitimacy of same-sex relationships

 BACKGROUND
 There are several gaps between benefits enjoyed by heterosexual couples
and by same-sex couples:

 Property relations

 Ability to have and raise children as spouses

 Surviving partner’s rights to the other partner’s properties in case of the

latter’s death

 The ability to carry a partner’s surname

 Ability to name the partner as a beneficiary under government health or

insurance programs
 OBJECTIVES

 Recognize the cohabitation of same-sex couples for

the purpose of establishing their right as a compulsory
heir of one another
 Serves as a springboard toward the ultimate goal of
legalizing marriages contracted by same-sex couples
 Eliminate discrimination based on sexual orientation
and gender identity
 OBJECTIVES

 Recognize the relationship of same-sex partners by

means of legal registration
 Protect the same-sex partners from future arguments
regarding their properties purchased within the
duration of their cohabitation
 Giving right to a partner within a homosexual
relationship as a compulsory heir within the bounds
of the law
 COVERAGE
 Filipino citizens in a relationship with same-sex,
 who, by virtue of sworn affidavit of
cohabitation and cohabitation agreement,
 acquires the right to be inherited to the
properties and assets acquired during the
length of their cohabitation duly recognized
under the law
 COVERAGE
 Filipino citizens in a relationship with same-sex,
 who, by virtue of sworn affidavit of
cohabitation and cohabitation agreement,
 acquires the right to be inherited to the
properties and assets acquired during the
length of their cohabitation duly recognized
under the law
 Section 1. Short Title. This Act shall be known as
“Registry of Same Sex Union as Compulsory Heir
Act of 2017”

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Section 2. Declaration of Policy. It is a declared policy of the
State to value the dignity and rights of every human person
whether of their gender preferences and guarantee the rights of
every individual, particularly those homosexuals in a same-sex
relationship to be one of a compulsory heir to the properties they
acquired during the duration of their cohabitation.

Furthermore, it is the policy of the State to promote a just, equal

and dynamic social order that will uplift the rights of the LGBT
community (lesbian, gay, bisexual and transgender) for the sole
purpose of having an equal right to the properties and right of
succession to their partners duly registered in their local
government registry.

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Section 3. Definition of Terms. For the purpose of this Act, the
following terms shall be defined as follows:

 “Civil
union” refers to a special contract entered into by same-
sex partners who shall file and register their cohabitation and
union, provided that the all of the requirements are present.

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 “Cohabitation” refers to living together and having a
relationship of same-sex partners without attaining a legal
status of marriage.

 “Cohabitation Agreement” refers to agreement between

same-sex partners to utilize and to protect the same-sex
partners from an unfair distribution of assets and property,
both during the cohabitation and in the event of dissolution.

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 “Compulsory Heir” refers to one of the party in a same-sex
partnership, as a person legally entitled to a property
and/or assets acquired during the cohabitation.

 “Dissolution”
refers to termination of domestic partnership
between same-sex partners with the local civil registrar.

 “Domesticpartners” refers to two persons of legal age who

have opted to live together and love one another in a
committed relationship.

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 “Homosexuality” refers to persons with preference for members
of one’s own sex.

 “Property Regime” refers to the set of rules agreed upon by the

parties, before registering their civil union, which would govern
their property relations during the course of their cohabitation.

 “Registration”refers to filing of civil union between same-sex

partners with the local civil registrar.

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  “Relationship” refers to same-sex relationships and sexual
relationships between lesbians, gays, bisexuals and
transgenders.

 “Right”refers to right to be one of qualified compulsory heir of

their assets acquired during the length of their cohabitation
between same-sex partners.

 “Same-sex partners” refers to relationship and/or sexual

relationship between lesbians, gays, bisexuals, transgenders
and/or homosexuals.

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“Sworn Affidavit” refers to notarized affidavit of five (5)
year cohabitation between same-sex partners.

“Union Counseling” refers to legal counseling and

advice for the same-sex partners for the purpose of
notarizing cohabitation agreement explaining their
rights and the consequences of entering a civil union.

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Section 4. Persons Eligible to Register - The persons allowed to
register under this Act must have complied with the foregoing:

a. Parties in a same-sex relationship, who must be both a Filipino

citizens and both be at least 21 years of age, with no existing
legal impediments to enter a civil union;

b. Must not be relatives within fourth degree consanguinity;

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Section 4. Persons Eligible to Register - The persons allowed to register under
this Act must have complied with the foregoing:

c. Partners of the same-sex, provided that they have been continuously

and exclusively cohabiting for a period of at least five (5) years and have
established a permanent residence; and

d. Partners of the same-sex who mutually, knowingly and intelligently

agreed to register themselves as compulsory heir of each other.

e. Parties in a same-sex relationship who have undergone union counseling

including legal advice from a lawyer for the purpose of notarizing the
cohabitation agreement between the parties.

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 SECTION 4 – ELIGIBILITY REQUIREMENTS
CATEGORY REQUIREMENT

Gender Same-sex couples; M-M; F-F

Age At least 21 years of age

Legal Capacity Both parties with no legal impediment

Blood relation restriction Must not be relatives within fourth degree consanguinity

Relationship tenure continuously and exclusively cohabiting for a period of at

least five (5) years

Place of Cohabitation established a permanent residence together

Consent knowingly and intelligently agreed to register themselves

as compulsory heir of each other.
Section 5. Registration and requirements of Domestic Partnership.
a. Parties must file a Notice of Intention to Register Partnership in
person before the local civil registrar where either of the parties
have resided for at least one (1) year;

b. Parties must provide the pertinent documents required for the

registration such as Certificate of Live Birth issued by the Philippine
Statistics Authority, a summary list of properties per individual, a
consolidated list of properties intended to go into the common
fund, a sworn affidavit of Partnership Intent and cohabitation
agreement must be notarized;

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Section 5. Registration and requirements of Domestic Partnership.
c. The parties must submit a sworn affidavit of cohabitation together
with notarized cohabitation agreement, undersigned by both;
d. A reasonable registration fee shall be paid by the parties;
e. The details such as the name, age, residence, and Notice of Intent
shall be posted in a public notice for thirty (30) days to give way to
possible claims of legal impediment; and
f. Thirty (30) days after public notice, the Civil Registrar shall issue the
certificate of registration of the partnership.

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 What to prepare for registration of same-sex partnership?
1. Notice of Intention to Register Partnership
2. Certificate of Live Birth issued by PSA
3. Summary list of properties per individual
4. Consolidated list of properties intended to go into the common
fund
5. Notarized sworn affidavit of Partnership Intent and Cohabitation
Agreement
6. Registration Fee
 REGISTRATION PROCESS
• Parties must file a Notice of Intention to Register Partnership in person,
• before the local civil registrar where either of the parties have resided for at least one (1)
1 year;

• Parties must submit a sworn affidavit of cohabitation together with notarized cohabitation
2 agreement, undersigned by both, in the same local civil registrar

• Pay the reasonable registration fee

3
• Name, age, residence, and the Notice of Intent shall be posted in a public notice for thirty
4 (30) days to give way to possible claims of legal impediment

• Civil Registrar shall issue the certificate of registration of the partnership after
5 thirty (30) days following the completion of public notice
Section 6. Dissolution and requirements.
a. Only the partner, with the consent of the other, can initiate the
dissolution of the union;

b. Both parties shall appear personally in the Local Civil Registrar and
submit an affidavit duly undersigned by both deposing the
dissolution of the union and pay such filing fees for the dissolution
of the union;

c. The Local Civil Registrar, upon the submission by the partners of the
affidavit, shall provide for the dissolution decree and record the
same in the registry book;

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Section 6. Dissolution and requirements.

d. Upon dissolution, the other partner shall be disqualified to be the

compulsory heir of the other, and vice versa. The certificate of
dissolution shall be released within ninety (90) days after filing such;

e. In case of reconciliation between the same-sex partners before the

release of certificate of dissolution shall hereby set aside and filing
fees shall be non-refundable.

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 PROCESS FOR DISSOLUTION
• Consensual initiation for dissolution from the parties
1

• Both parties shall appear personally in the Local Civil Registrar and submit an
2 affidavit duly undersigned by both

• pay such filing fees for the dissolution of the union

3

• The Local Civil Registrar, upon the submission by the partners of the affidavit, shall
4 provide for the dissolution decree and record the same in the registry book

• The certificate of dissolution shall be released within ninety (90) days after filing
5 such

In case of reconciliation between the same-sex partners before the release of

certificate of dissolution shall hereby set aside and filing fees shall be non-refundable.
 Section 7. Agencies Concerned. The registration of same-
sex partners shall be under the operation of the Local
Civil Registry of the habitual residence of the parties.

The dissolution of the registered same-sex union shall

likewise be reported to the Local Civil Registrar
concerned.

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 Section 8. Rights Acquired by Registered Same-sex
Partners. The rights acquired by the duly registered
same-sex partners referred to in this Act shall be the
same rights acquired by the compulsory heir widow or
widower mentioned in Article 887 (3) of the Civil Code
of the Philippines.

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 Section 9. Ownership of Properties. The summary list of properties per
individual, submitted by both parties as one of the requirements for
registration of the civil union, would be the basis of distinction of the
separate properties from the conjugal properties. The same-sex
partners retain ownership over their respective separate properties.

The proceeds, products, fruits and income from their separate

properties and those acquired by either or both same-sex partners
through their efforts or by chance shall be placed in a common fund
of the partners.

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Section 10. Governing Property Regime. The Conjugal Partnership of Gains
(CPG) shall apply to the same-sex partners who have intentionally
registered their civil union, unless otherwise stated in the separate civil
union settlements. This means their possessions prior to the registration of
the civil union remain theirs, but the properties they produce or acquire
during their cohabitation will be shared equally by both same-sex partners.
The administration and enjoyment of the gains shall belong to both
partners jointly. Neither partner may donate any conjugal partnership
property without the consent of the other.

The property regime shall commence at the precise moment that the
certificate of registration of partnership is issued.

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Section 11. Application of Other Property Regime as Agreed.
The future same-sex partners may, in the civil union
settlements, agree upon the regime of absolute
community, conjugal partnership of gain, complete
separation of property, or any other regime. In the
absence of a civil union settlement, or when the regime
agreed upon is void, the system of conjugal partnership
of gains shall govern.

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EXCLUSIVE PROPERTY OF EACH PARTY INCLUSIVE PROPERTY IN CPG
That what is brought to the union as his/her Those acquired by onerous title during the
own union at the expense of common fund
That which each acquires during the union by Those obtained from the labor, industry, work,
gratuitous title or profession of either or both parties
That which is acquired by right of redemption, The fruits, natural, industrial, or civil, due or
by barter or by exchange with property received during the marriage from the
belonging to only one of the parties common property, as well as the net fruits of
the exclusive property of each party

That which is purchased with exclusive money The share of either party in the hidden
of one of the parties treasure
Those acquired through occupation such as
fishing or hunting
Those which are acquired by chance, such
as winnings from gambling or betting. Losses
are born solely by the loser party.
Section 12. Funding. The initial funding requirements for the
implementation of this Act shall be charged against the current
appropriations of the agencies concerned. Thereafter, such sums as
may be necessary for the implementation of this Act shall be
included in the agencies' yearly budgets under the General
Appropriations Act.

The State shall prioritize allocation of all available resources to

effectively fulfill its obligations specified under this Act. The State
agencies' Gender and Development budgets, which shall be at
least five percent (5%) of their total budgetary allocation, shall also
be utilized for the programs and activities to implement this Act.

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Section 13. Implementing Rules and Regulations.
a. The validity of the registration in the Local Civil Registrar shall
take effect after the thirty-day public notice of the same by the
Local Civil Registry;
b. The right to be a compulsory heir of same-sex partners shall
be governed by the following particular provisions of the Civil
Code of the Philippines:
Art. 897, 898, 899 and 900.

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Section 14. Separability Clause. If any provision or
part hereof is held invalid or unconstitutional, the
remainder of the law or the provisions not
otherwise affected shall remain valid and
subsisting.

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Section 15. Repealing Clause. Any law,
presidential decree or issuance, executive order,
letter of instruction, administrative order, rule, or
regulation contrary to, or inconsistent with, the
provisions of this Act is hereby repealed,
modified, or amended accordingly.

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Section 16. Effectivity Clause. This Act shall take
effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.

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