Short answer. No. Under Article 2 of the Family Code, no marriage shall be valid unless its essential requisites are present, and the first is the legal capacity of the contracting parties who must be a male and a female. Philippine law does not currently recognise marriage between persons of the same sex.
What the law says
No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer.
Family Code, Article 2 — Essential Requisites of Marriage. Read the full provision →
The requisite is written into the definition
Article 2 lists the essential requisites without which no marriage shall be valid: first, legal capacity of the contracting parties who must be a male and a female, and second, consent freely given in the presence of the solemnizing officer. The sex of the parties is not a formality that can be waived or a licence requirement that can be cured — it is built into legal capacity itself, one of the two essential elements of the marriage. Under the Family Code as it stands, two persons of the same sex lack the capacity to marry each other.
Absence of an essential requisite means a void marriage
The distinction matters because of what follows from it. A defect in a formal requisite may leave a marriage valid while exposing the officiating parties to liability; the absence of an essential requisite makes the marriage void from the beginning. A ceremony between two persons of the same sex, however solemn and however complete its paperwork, does not produce a valid marriage under present Philippine law — which means none of the legal consequences of marriage attach: no conjugal or community property regime, no spousal intestate succession, no status as a spouse under the law.
What about marriages celebrated abroad?
A frequent follow-up question is whether a same-sex marriage validly celebrated in another country is recognised here. The general principle recognising foreign marriages has always operated alongside the Family Code's own requirements, and the essential-requisites provision is the core of those requirements. Whether and how far foreign same-sex marriages produce effects in the Philippines raises questions that remain legally contested, and anyone whose property, immigration or family plans depend on the answer should take specific advice rather than rely on a general rule.
The law can change; the current text has not
Bills seeking to recognise same-sex unions in various forms have been filed in Congress over the years, and public debate continues. But recognition would require legislation — or a change in the controlling law — and as of now the Family Code's text is what governs. Couples who cannot marry under it are not without options worth discussing with counsel: co-ownership agreements, wills, insurance designations and powers of attorney can secure many practical protections that marriage would otherwise provide, and putting those instruments in place is considerably wiser than assuming the law will treat a partner as a spouse.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Jesus Nicardo M. Falcis, III vs. Civil Registrar General, G.R. No. 217910, September 3, 2019 — read the decision on LawPhil →
- Rommel Genio y Santos vs. People of the Philippines, G.R. No. 261666, January 24, 2024 — read the decision on LawPhil →
- Sister Pilar Versoza vs. People of the Philippines, Michelina S. Aguirre-Olondriz, Pedro Aguirre, G.R. No. 184535, September 3, 2019 — read the decision on LawPhil →
- Republic of the Philippines vs. Liberty D. Albios, G.R. No. 198780, October 16, 2013 — read the decision on LawPhil →