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Points for Interpellation:
A. Regarding the use of US jurisprudence and other global
models
Q: Would you agree with me that the US has recently legalized
same sex marriage in its
jurisdiction?Q: And by way of analogy, you beliee that the
legalization of same sex marriage in inthe US acts as a !recursor
for the "hili!!ines to do the same?Q: Are you aware of the
international doctrine of #se!arate jurisdiction$?Q: Are you not
informed that the doctrine was used in the landmar% case of Smith
s&antos?Q: Are you aware that the Su!reme &ourt in that
!articular case held that the "hili!!inegoernment in legalizing
laws should not be influenced by global trend?Q: And in addition,
are you informed that the S& also ruled in that case that
followingthe doctrine of #se!arate jurisdiction$, a legalization of
a !articular act in other countriesdoes not mean that the
"hili!!ines should li%ewise do the same?
Q: A!!lying the doctrine, do you now concede that the
"hili!!ines should not use thelegalization of same sex marriage in
the "hili!!ines just because other countries li%e theUS did the
same?
'fYES:(han% you for conceding and hel!ing the negatie side
establish its !oint)'f N:*ou+re answer in not in consonance with
the ruling of the S&)
!. "ebun#ing the Separation of $hurch and State
Q: As gathered from your !osition as affirmatie, you a!!eal for
legalization of same sexmarriage free from the bias of religion,
correct?Q: 'n Article '', sec , the -./0 &harter grants
se!aration of church and state, correct?
Q: 1o you understand full well the meaning of this !roision?Side
comment:2ery good) 3et+s test that)Q: Are you aware of the case of
US s 4eynolds?Q: Are you not informed that under such case, the
S& ruled that the se!aration ofchurch and state 156S 75( mean
that the State shall totally disregard the o!inion ofthe
&hurch?Q: Are you aware that under such ruling, the S&
ruled that the obligations of the State isnot to close its ears
against the &hurch, but to stri%e the balance between the
State+sinterest and the interest of the !eo!le belonging to such
religion?Q: 1o you %now that under the case of Agli!ay s 4uiz, the
S& declared that the &hurchis not just a religious grou!,
but also reflects the core alue of the !eo!le?Q: Are you also aware
that in that !articular case, the S& declared that religion is
anindis!ensable factor of the 8ili!ino society?Q: 8ollowing the
rulings in US s 4eynolds and Agli!ay s 4uiz, do you now agree
withthe 9igh (ribunal that the true meaning of se!aration of church
and state is notse!aration in its !lain meaning but the balancing
of the interest of the State andreligion?
'fYES: 2ery good) (han% you for coo!erating with the negatie
side)
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'f N: (hat would be to deny the statutory construction done by
the Su!reme&ourt itself)
$. Same se% marriage is against the public morals
Q: (he branch of the goernment that !asses laws is the
3egislature, agree?Q: Are you aware that according to Art) of the
&iil &ode which states that in theexercise of !ersons of
their rights, they must 75( be against 8ili!ino morals, aluesand
customs?Q: Are you li%ewise aware that if an act is against the
law, !ublic morals, customs, or!ublic !olicy, it shall be
considered oid?Q: 4ight now, at this ery moment, do you beliee that
the 3;( community hasattained acce!tance from the 8ili!ino
society?Q: Are you aware that in the most recent surey conducted by
"ulse Asia, !artici!atedby an estimate -
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Q: Are you aware that in Art - of the 8amily &ode, marriage
under the context of"hili!!ine 3aw means a contract between a man
and a woman?Q: Are you li%ewise aware that under Art = of the
8amily &ode, one of the essentialreuisites for a alid marriage
to exist is the legal ca!acity of the contracting !arties whomust
be a man and a woman?
Q: 7ow do you recognize the fact that the "hili!!ine law only
recognizes ex!licitlymarriage between a man and a woman?Q: And do
you concede that if a marriage between a man and another man, or a
womanwith another woman, it shall be against the sti!ulations of
Art - and = of the 8amily&ode?Q: And the 8amily &ode is a
law correct?Q: And since same sex marriage in the status uo
contraenes the !roisions of the8amily &ode, same sex marriage
is against the law correct?Q: And since same sex marriage is
against the law, you recognize that under Art ofthe &iil
&ode, it shall be oid ab initio and shall not !roduce any legal
effect?
'fYES: (han% you for recognizing that same sex marriage is
illegal)
'f N: *ou are denying the ex!ress !roisions of the law s)Br)
S!ea%er)Q: And do you agree that in order for same sex marriage to
be allowed, the law shouldfirst be amended?Q: And has the
affirmatie side !ro!osed for an amendment of the law?
'fYES: As far as your s!eeches are concerned, you did not)'f N:
(han% you for admitting that you failed to !ro!ose an amendment of
the
law hence same sex marriage will still be deemed illegal)
