Hortinela, Phoenix B.

JD- 2

Workshop 3A

1. Research Title:

THE FEASIBILITY OF LEGALIZING THIRD SEX MARRIAGES IN THE

PHILLIPINES: ITS ETHICO- MORAL AND LEGAL IMPLICATION

2. My bivariate objectives are :

N/A due to it being a Qualitative study

3. My hypotheses/ assumptions are :

A. Third sex marriage is legally feasible in the Philippines

B. There is no constitutional provision that prevents third sex marriage in the

Philippines but only a statutory provision that may be amended or a law may be

passed to supersede such statutory provision to allow third sex marriage.

C. There are certain factors that would influence a certain sample whether they support

third sex marriage

D. Third sex marriage has a legal implication that would be beneficial to the couple that

would be getting married.

Workshop 3B

1. Research Title :

THE FEASIBILITY OF LEGALIZING THIRD SEX MARRIAGES IN THE

PHILIPPINES : ITS ETHICO- MORAL AND LEGAL IMPLICATIONS

2. The theory that supports my study is :

a. The theory on the constitutional guaranty of the separation of the state and the church

b. The theory of equal protection among residents of the Philippines

c. The theory of anti discrimination

d. The theory that there is no constitutional prohibition but only a statutory prohibition.

e. The theory that the Philippines should allow third sex marriage because the same is being

provided in other developing, or developed countries.

3. The major tenets the theory and propositional statements are:

A. the guaranty of separation of the state and the church is violated by not allowing

third marriage due to the pressure of the church upon the lawmakers not to pass a

law regarding third sex marriage due to the Philippines being a the only country in

Asia predominantly inhabited by catholics.

B. It violates the theory of equal protection and anti discrimination because members of

the LGBT, are not treated equally as that of the heterosexuals, because the LGBT are

denied the right to marry a person of the same sex, as well as the rights which are

included to a married couple

C. The constitution does not have any prohibition of third sex marriage, stating only to

protect and sanctify the family, it is only in the family code that gives a definition

that provides that marriage is only for heterosexuals consisting of one male, and one

female.

D. Philippines should allow third sex marriage due to it being already a norm accepted

in different international communities, to follow the trend of allowing the same.

4. The theory is applied on the study because :

To show that the third sex marriage is feasible in the Philippines, like that compared to

other countries. It can be showed that the only prohibition is a statutory one,other than

that, marriage would be totally acceptable in the Philippines, thus giving members of the

LGBT to enjoy the same rights of heterosexuals to engage in marriage and to the same

benefits of marriage. It is also timely because same sex marriage is being popularly

accepted in different countries, as of today, 15 countries totally accept same sex marriage.

5. From the View point of the Supreme court, it is derived that:

As provided by Supreme Court spokesman Theodore te, a law must be passed to allow

same sex marriage by the congress or there must be an amendment to the family code,

because the supreme courts duty is only to apply and interpret the law. The supreme

court is prohibited from allowing same sex marriage because it is clearly provided in

article 1 of the family code that marriage is composed of 1 male and 1 female.

6. However, from the point of view of judges, it can be noted that :

They cannot allow same sex marriage because they must apply the law, and that there

must be an amendment in the Family code or a law to be passed before allowing same

sex marriage.
Workshop #4

1. Variables

Independent Variables

Public Opinion

Religion

Tradition/ customs

2. Definition of terms: as to dictionary, definition provided by the dicitionary is the definition that

will be used in this study unless otherwise provided

Third sex/gender - To different cultures or individuals, a third gender may represent

an intermediate state between man and woman, a state of being both (such as "the

spirit of a man in the body of a woman"), the state of being neither (neuter), the

ability to cross or swap genders, or another category altogether independent of men

and women.

LGBT is an initialism that stands for lesbian, gay, bisexual, and transgender.

Homosexual- a person sexually attracted to a person of ones own sex

Public opinion is an expression of the general populations thoughts on a particular

political issue.

Religion- is a cultural system of behaviors, practices, world views, sacred texts, holy

places, ethics, that relate to humanity.

Custom- an action or way of behaving that is usual and traditional among people in a

particular group or place.

Same sex marriage also know as gay marriage, is a marriage between persons of

the same sex either as a secular civil ceremony or in a religious setting.

3. Importance of the Study

The Philippines is ranked as one of the most gay-friendly nations in the world, and the most

LGBT friendly in Asia. The country ranked as the 10th most gay-friendly in a global survey

covering 39 countries, in which only 17 had majorities accepting homosexuality. Titled "The
 Global Divide on Homosexuality," the survey conducted by the Pew Research Centershowed that

73 percent of adult Filipinos agreed with the statement that "homosexuality should be accepted by

society," up by nine percentage points from 64 percent in 2002.

The LGBT community remains as one of the country's minority sectors. Lesbian, gay, bisexual, and

transgender people often face disadvantages in getting hired for jobs, acquiring rights for civil

marriage, and even in starting up personal businesses. This has led to the rise of the cause for LGBT

rights, defined as the right to equality and non-discrimination. Having said that, it could be seen that

the LGBT community were not enjoying the right of equality, and that they were being discriminated,

that is why this study was initiated to know if the LGBT community can benefit from marriage in the

Philippines if the same becomes legally feasible. The results of this study can benefit the LGBT

community who are merely regular residents/taxpayers of the Philippines who should be treated

equally. This study also benefits future researchers, as well as other countries and states who have not

yet accepted same sex marriage, as well should give idea to lawmakers on how to pass a law that

would give equality to the homosexuals.

4. Scope and Limitations of the study

This study was initiated to determine the feasibility of legalizing third sex marriage in the

Philippines, as well as its ethico- moral and legal implications. This study will be

accomplished by comparing the acceptability of same sex marriage in other countries, as

to the feasible adaptability of Philippine laws if it can allow same sex marriage, and how

the same will be accomplished.