Jardeleza lectures marriage equality petitioner: Grave peril case might be dismissed

Supreme Court (SC) Associate Justice Francis Jardeleza on Tuesday admitted he is "more inclined" to dismiss a lawyer's petition for marriage equality in the Philippines.

Jardeleza agreed with Associate Justice Lucas Bersamin when he said Jesus Nicardo Falcis III, the petitioner, should have first brought his case before a regional trial court before running to the SC in accordance with the hierarchy of courts.

Falcis is asking the SC to nullify for alleged unconstitutionality the provisions of the Family Code that limit marriage to a union between a man and a woman and allow "lesbianism" and "homosexuality" to become grounds for annulment and legal separation.

He was grilled over both substantive and procedural issues in his petition, such as his legal standing to bring the case before the SC.

During his interpellation, Jardeleza said he believes Falcis should wait for Congress to decide on a bill allowing same-sex civil union, to which the latter said "a lot" of LGBT people cannot wait in view of problems they may encounter given the lack of legal recognition for same-sex marriages.

"I think you are in grave peril that your case might be dismissed," Jardeleza said during his turn to interpellate Falcis, who has only been a lawyer for three years.

"Why don't you wait a while for Congress and the Con-com (Consultative Committee proposing changes to the 1987 Constitution) to settle this matter?" he asked Falcis, a law graduate of the University of the Philippines.

"I will be very candid to you, as a graduate of the same school, that at this point in time I am more inclined, I think, to dismiss your case," Jardeleza said.

Falcis, however, said that despite seemingly being able to wait given his young age, the right to marry among LGBT couples creates a "ripple effect."

"Without the right to marry legally recognized for LGBT people, what message, Your Honor, does it send to the young people, younger than me, who experience certain problems in their life such as, especially in the worst-case scenario, depression, Your Honor, which can lead to them to commit certain acts which we do not want to happen?" he said.

"I agree, Your Honor: I can wait. But Your Honor I would like to impress upon this court that I am privileged."

The oral arguments on Falcis' petition was adjourned early Tuesday evening and will resume on June 26, at 2 p.m. —JST, GMA News