Falcis III v. Civil Registrar-General
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Falcis III v. Civil Registrar-General, 861 Phil. 388 (2019), was a case which arose out of a petition filed by Filipino lawyer Jesus Falcis III before the Supreme Court of the Philippines. The Court promulgated its ruling on September 3, 2019.
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Falcis III v. Civil Registrar-General | |
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Court | Supreme Court of the Philippines en banc |
Full case name | |
Jesus Nicardo M. Falcis III v. Civil Registrar-General[note 1] | |
Decided | September 3, 2019 (2019-09-03) |
Citation | 861 Phil. 388 |
Case history | |
Prior action(s) | None, Supreme Court was first instance[1] |
Questions presented | |
Constitutionality of the portions of Article 1 and 2 of the Family Code of the Philippines, which defines marriage as between a man and a woman, and whether said articles violate the equal protection and due process provisions of the 1987 Constitution, (both in Article III, Section 1), and religious freedom (Article III, Section 5) of the petitioner. | |
Holding | |
Ponente | Marvic Leonen, joined by Antonio Carpio, Presbitero Velasco Jr., Teresita Leonardo-De Castro, Lucas Bersamin, Mariano del Castillo, Estela Perlas Bernabe, Marvic Leonen, Samuel Martires, Noel Tijam, Andres Reyes Jr., Alexander Gesmundo |
The petition was dismissed for bringing no actual controversy. Falcis III found guilty of indirect contempt of court and ordered to pay a fine of ₱5,000 for hurting the case of his clients by not first filing a marriage petition on their behalf, which, when rejected, would have created an actual controversy.[1] | |
Concurrence | Francis Jardeleza, joined by Alfredo Benjamin Caguioa[2] |
Concurrence | Diosdado Peralta |
Laws applied | |
1987 Constitution, Article III Civil Code of the Philippines (R.A. 386) | |
Keywords | |
Same-sex marriage |
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The high court was asked about the constitutionality of the provision of the Family Code of the Philippines defining marriage as "between a man and a woman".