same sex marriage - can it be valid in the philippines

Now that Bebe has finally emerged from the closet, can same sex marriage be far behind.

In our jurisdiction, same sex marriage can never be solemnized. Being in a predominantly Catholic country, our lawmakers made sure that only a male and a female could utter the words to love and to hold, till death do us part, blah blah blah, in front of the altar.

But...

Is there a backdoor (pun unintended) for the brokeback pairs to formalize their union and be recognized as a couple here.

There has been no precedents yet but methinks the following provision of the law provides a glimmer of hope to them.

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38. (17a)

As can be gleaned from the above, a marriage which is celebrated or solemnized in a country which recognizes same sex marriage could be valid here also provided it is not prohibited under:

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

(4) Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

1. Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and the adopted child;
6. Between the surviving spouse of the adopted child and the adopter;
7. Between an adopted child and a legitimate child of the adopter;
8. Between adopted children of the same adopter; and
9. Between collateral relatives
   

Same sex marriage not having been specifically included in those prohibited, then the same can be deemed allowed if it was contracted in a country which recognizes its validity. What the law does not exclude, it includes.

So. wanna test this theory? Contract your marriage in California and file a test case for it's recognition here. Dare....

What do you think? Let's play as the devil's advocate.