It is stated in the 1987 Philippine Constitution Article XV Section 1.

The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. Marriage is a significant feature in the emergence of the basic unit of society, the family. It is the process wherein two people who feel deep affection toward each other make their relationship public, official, and permanent. It is the joining of two human beings in a bond that is supposed to last until death. It also is the means by which the different races and cultures have multiplied in response to the commandment of the Almighty Father to go forth and multiply. The quintessential union of a man and a woman has proved to be the ideal equation for the development of the human race.

With the beginning of modernization, came also the change in the customs of societies. One of these changes is the preference or sexual orientations of a quite significant percentage of the worlds population. Though they generally had a hard time coming out of the closet figuratively, acceptance of their existence and respect for their choice is slowly but surely gaining ground.

The society of lesbian, gay, bisexual and transgender (LBGT) people are slowly being acknowledged. However, though their irrepressible presence is accepted, there is no doubt that not all their activities and practices are widely accepted, especially by more conservative cultures. One of these practices is the marriage of their kind.

In a a country wherein most people are Roman Catholics, the Church has strongly opposed on same sex marriage. They are convinced that God created only two sexes, the male and female. The Catholic Church disapproves gay marriage and the social acceptance of homosexuality and same-sex relationships, but teaches that homosexual people deserve respect, justice and pastoral care.

From a legal viewpoint, Article 1 of the Family Code, issued by President Corazon Aquino in 1987 when she still had legislative powers, provides that "Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code." This is strictly stating that same sex marriage is not recognized by the current law on marriage.

However, the 1987 Philippine Constitution Article III Section 1 of the Bill of Rights states that No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. The United States has a similar clause called the Equal Protection. The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. In other words, the laws of a state must

treat an individual in the same manner as others in similar conditions and circumstances. This Equal Protection Clause was used during an oral argument in the USA by the advocates of same-sex marriage. They argued that the purpose of marriage is not pro-creative, as the Christian lobby argues, since sterile opposite-sex couples and couples who do not have children are allowed to marry.

Furthermore, in Article XV The Family of the 1987 Philippine Constitution, Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. Section 3. The State shall defend: (1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood; (2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development; (3) The right of the family to a family living wage and income; and (4) The right of families or family associations to participate in the planning and implementation of policies and programs that affects them.

Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security. The 1987 Philippine Constitution clearly did not tell the difference between the parties on the marriage. If it does not distinguish, we shall not also distinguish in interpreting the same. Consequently, a same sex marriage is possible and is not unconstitutional. Yet, the conservatives would be the biggest problem in passing a law that would allow same sex marriage. That same sex marriage is morally wrong according to their doctrine and scriptures. This issue will possibly arise since Philippines is an orthodox and God-fearing country, arguments and debates regarding the passage of it would be massive. This would create bigger chaos than that of the RH Law. As a Roman Catholic, I believe the teaching of the church in general, because it gives people the distinction between right and wrong. But in my personal opinion, it is not wrong to give equal rights to the third sex as long as it will not affect directly or will give harm against other people. Reference: THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES. (n.d.). In Professional Regulatory Board of Architecture. Retrieved http://www.architectureboard.ph/1%20LAWS%20%28&Regns%29ON%20ARC