The appeal to allow same sex marriage in the Philippines was junked by the Supreme Court. The appeal was denied ‘with finality’ as a motion of reconsideration was raised after its previous junking.
The High Court states that the motion for partial reconsideration was ‘denied with finality’, highlighting that ‘no substantial arguments were presented to warrant the reversal of the questioned decision’. Moreover, the Supreme Court adds that ‘no further pleadings or motions will be entertained’.
In the September 3 decision, the Supreme Court dismissed the petition of lawyer Jesus Nicardo Falcis III, citing the ‘lack of legal standing to initiate the petition as well as failing to comply with the principle of hierarchy of courts’, as mentioned in a Philippine News Agency article.
“Adjudication assures arguments between parties with respect to the existence and interpretation of fundamental freedoms. On the other hand, legislation ideally allows democratic deliberation on the various ways to assure those fundamental rights. The process of legislation exposes the experiences of those who have been oppressed, ensuring that this be understood by those who stand with the majority. Often public reason needs to be first shaped through the crucible of campaigns and advocacies within our political forums before it is sharpened for judicial fiat,”the tribunal said in its ruling.
In the same Philippine News Agency article, it was stated that while the Constitution does not restrict marriage on the basis of gender, it underscored the need for formal legislation to allow a more orderly deliberation in assuring rights.