A. Marriage (Const., Art. II, Sec. 12, and Art. XV)

Sex - between a male and a female

Two females are incapable of entering into marriage. Under the Family Code, marriage is a special contract of permanent union between a man and a woman. The Supreme Court’s dismissal of the same-sex-marriage challenge in Falcis did not decide its constitutional merits. (Family Code, Art. 1; Falcis III v. Civil Registrar General, G.R. No. 217910, September 3, 2019)

Situations Covered Under Art. 148 of the FC

Art. 148 applies to cases of cohabitation not falling under Art. 147, such as the following:

• Man with two or more common-law spouses;
• Married man living with a concubine;
• Married woman living with a paramour; or
• Persons living in bigamous or polygamous relationships. (Pineda, 2011)