HAPI in Attendance: A Workshop on Protecting LGBTQ+ Families Under the Current Legal Framework
by Dee Bulaclac
February 15, 2020
UP College of Law
Diliman, Quezon City
An invitation was sent to HAPI a few weeks ago to attend a seminar which aimed to arm LGBTQ+ individuals and their families with appropriate legal knowledge so they would be able to protect themselves in accordance with current laws in effect in the Philippines.
This workshop is sponsored by the Gender Law and Policy Program of the UP College of Law which in essence wants a gender fair and gender responsive community and a legal community that would respect the rights of all individuals no matter their sexual orientation, gender identity and expression.
In the absence of marriage equality laws, the workshop targets the lay persons with some guidance on what laws could be used as well as how to go over the very basic everyday questions which for heterosexual individuals and couples would be considered as a standard right.
Topics discussed were about marriage, property, insurance, having children, guardianship of partners (spousal rights like in medical emergencies), pending legislations on anti-discrimination, and issues on succession.
Common questions raised:
(1) MARRIAGE
Who can marry in the Philippines?
Family code is based on sex at birth
Can you change your sex in your birth certificate?
For transgenders, no. For Intersex, yes.
(2) PROPERTY RELATIONS
We are not allowed to marry so our properties are not community property.
Other types of relationships
Co-owners
Trustee – trustor/beneficiary
Donor – donee
Shareholders of an ordinary corporation
we can be nominees of each other’s respective one person corporation
TIPS
Write a Declaration of Trust with Power of Attorney and have that annotated
(3) CHILDREN
(4) ANTI-DISCRIMINATION LEGISLATION
QC Gender-Fair Ordinance (SP 2357)
Safe Spaces Act (RA 11313)
Civil Code (damages)
TRO/Writ of Habeas Corpus
PD 603 (Protective Custody, Involuntary Commitment, Voluntary Commitment)
Constitution/CHR, unconstitutionality cases (injured party)
Diverse SOGIE + Magna Carta for Women
(5) SUCCESSION
Intestate Succession – the relative nearest in degree excludes more distant ones (except through representation). Relatives in the same degree inherit in equal shares.
If no compulsory heirs, you may dispose all of estate in favor of any person having capacity to succeed.
Preterition of compulsory heirs in the direct line annul the institution of heir; but devises and legacies are valid to extent not inofficious.
A will must be proved in Court. Must undergo probate proceedings.
Isang mapagpalayang araw indeed!
