REPUBLIC OF THE PHILIPPINES

SUPREME COURT
MANILA

ANA MARIE BAASIS y AYALA and

SYRA GEAN SILANG y UY,

Petitioners, G.R. No. 217915

- versus -

CIVIL REGISTRAR-GENERAL,
Respondent.
x----------------------------------------------------------x

COMMENT/OPPOSITION
PLAINTIFFS, by and thru counsels, in the above-entitled case
and unto this Honorable Court, in Comment/Opposition to ANA MARIE
BAASIS y AYALA and SYRA GEAN SILANG y UY versus CIVIL
REGISTRAR-GENERAL dated 27 October 2019 and received on 28
October 2019 instant, most respectfully submit:

1. That the Constitution does not define or restrict marriage on the

basis of sex,1 gender2, sexual orientation,3 or gender identity or expression.4
__________________________________________________________________________________________
1 Guidelines for Psychological Practice with Transgender and Gender nonconforming
People, 70 AMERICAN PSYCHOLOGIST 832, 862 (2015), available at
https://www.apa.org/practice/guidelines/transgender.pdf, provides:
[S]ex is typically assigned at birth (or before during ultrasound) based on the
appearance of external genitalia. When the external genitalia are ambiguous, other
indicators, (e.g., internal genitalia, chromosomal and hormonal sex) are considered to
assign a sex, with the aim of assigning a sex that is most likely to be congruent with the
child’s gender identity. For most people, gender identity is congruent with sex assigned at
birth ([known as] “cisgender”); for [transgender and gender non-conforming] individuals,
gender identity differs in varying degrees from sex assigned at birth.

2Republic Act No. 11313 (2019), sec. 3(d) defines gender, as follows:
SECTION 3. Definition of Terms – As used in this Act:
(d) Gender refers to a set of socially ascribed characteristics, norms, roles,
attitudes, values and expectations identifying the social behavior of men and women, and
the relations between them[.]
2. That that the Constitution is capable of accommodating a
contemporaneous understanding of sexual orientation, gender identity and
expression, and sex characteristics (SOGIESC). The plain text and meaning
of our constitutional provisions do not prohibit SOGIESC. These
constitutional provisions in particular, and the Constitution in general,
should be read through the lens of “a holistic approach in legal
interpretation”.5

3. That the petitioners cannot appeal Section 3(1), Article XV

because it is not a self-executory right. It was meant to direct Congress to
enact laws that will “further its policy for the Filipino family, while
prohibiting it from interfering with the number of children that couples may
beget.” Hence, it does not provide for a self-executory right that may be
made the legal basis of petitioners’ alleged inequality.

____________________________________________________________________________
Gender has also been defined in Guidelines for Psychological Practice with Lesbian, Gay, and Bisexual
Clients, 67 AMERICAN PSYCHOLOGIST 10, 11 (2012), available at
https://www.apa.org/pubs/journals/features/amp-a00224659.pdf
Gender refers to the attitudes, feelings, and behaviors that a given culture associates with a
person’s biological sex. Behavior that is compatible with cultural expectations is referred to as
gender normative; behaviors that are viewed as incompatible with these expectations constitute
gender nonconformity.
3 Guidelines for Psychological Practice with Transgender and Gender Nonconforming People, 70 AMERICAN

PSYCHOLOGIST 832, 862 (2015), available at

https://www.apa.org/practice/guidelines/transgender.pdf
Sexual orientation: a component of identity that includes a person’s sexual and emotional
attraction to another person and the behavior and/or social affiliation that may result from this
attraction. A person may be attracted to men, women, both, neither, or to people who are
genderqueer, androgynous, or have other gender identities. Individuals may identify as lesbian,
gay, heterosexual, bisexual, queer, pansexual, or asexual, among others.
4 Republic Act No. 11313 (2019), sec. 3(f) defines gender identity and/or expression, as follows:

SECTION 3. Definition of Terms. – As used in this Act:

(f) Gender identity and/or expression refers to the personal sense of identity as characterized,
among others, by manner of clothing, inclinations, and behavior in relation to masculine or
feminine conventions. A person may have a male or female identity with physiological
characteristics of the opposite sex, in which case this person is considered transgender[.]
Gender identity has also been defined in Guidelines for Psychological Practice with Transgender and
Gender Nonconforming People, 70 AMERICAN PSYCHOLOGIST 832 (2015), available at
<https//www.apa.org/practice/guidelines/transgender.pdf>
5 David v. Senate Electoral Tribunal, 795 Phil 529, 573 (2016) [Per J.Leonen, En Banc]
4. That the Family Code defining and limiting marriage as
between man and woman is not a contrary to Section 11, Article II of the
Constitution.6 Disallowing the members of LGBT community to marry their
own sexual category is not a violation of any human rights or dignity
nevertheless it only indicates respect to the sanctity of marriage. The LGBTS
were not denied the opportunity to present themselves as couples and gain
the respect of the community. Marriage, on the other hand was not made to
gain respect from the community but it is created to establish a conjugal and
family life. The Art 1 and 2 of the Family Code did not violate any human
rights or dignity.7

5. That the court adheres the benevolent neutrality approach that

gives room for accommodation of religious exercises as required by the Free
Exercise Clause. This benevolent neutrality could allow for accommodation
of morality based on religion, provided it does not offend compelling state
interest8.

6. That the Petitioners availed of the wrong remedy and abuse the
rules. For knowingly asserting arguments that would shame a law student,
petitioners and their counsel should be sanctioned for this frivolous pleading
that betrays their lack of respect to the rules and public respondent.

___________________________________________________________
6Section 11, Art. 2 of the 1987 Constitution states that: “The State values the dignity of every
human person and guarantees full respect for human rights”
7 Article 1 and 2 of the Family Code – (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. (2) “No marriage shall be valid, unless the essential requisites are
present: Legal capacity of the contracting parties who must be a male and a female; and Consent
frequently given in the presence of the solemnizing officer”.
8 (Alejandro Estrada vs Soledad Escritor 408 SCRA 1)
 PRAYER

WHEREFORE, in view of all the foregoing, the undersigned counsel

prays that the petitioner’s complaint be dismissed with costs against the
petitioner.

Quezon City, November 11, 2019.

OFFICE OF THE SOLICITOR GENERAL

3rd floor, NSO-CVEA Building
East Avenue, Diliman, Quezon City

Copy Furnished:

ALLYSA JOYCE G. AUREADA

Clerk of Court III
Supreme Court, Manila

MEYNARDO P. PANTINOPLE, JOJI ROBEDILLO

and PHILIP JAY URRIZA
Counsels for the Petitioners
47-E Scout Rallos St., Brgy. Laging Handa,
Quezon City 1103
Metro Manila