RECOMMENDATION:  It is recommended that the Philippines judiciary protect the rights of LBT persons facing retaliatory criminal prosecution for defending themselves. 3. Absence of Marriage Equality Law (Articles 1, 3, 16; GR 21) The Committee’s General Recommendation 21 recognizes that “[t]he form and concept of the family can vary from State to State, and even between regions within a State.” The Committee has also asked states parties to reconceptualize lesbianism as a sexual orientation and to abolish penalties for its practice. There is no legal recognition of marriage equality or even civil unions with regard to LBT persons in the Philippines. In 2011, a government official in the city of Baguio proposed a city ordinance banning same-sex unions and declared the sixteen individuals who participated in the same sex wedding ceremonies as “persona non grata” or "unwelcome persons.”35 The right to marriage equality of LBT persons is a basic human right. Recognizing the right of LBT persons to marriage equality also affords them the same benefits enjoyed by heterosexuals such as the right to jointly adopt children, own conjugal properties, intestate succession, immigration, avail of tax exemption, and avail of benefits related to insurance, social security, medical, hospitalization, next-of-kin, burial, among others.36 These rights and benefits have long been enjoyed by married heterosexual couples simply because they were heterosexuals. Not allowing LBT couples these basic rights is outright discrimination against LBT persons based on their sexual orientation and gender identity. The marriages of Filipino LBT nationals who were married in countries where marriage equality is recognized should be considered valid in the Philippines as Article 26 of the Family Code states, “[a]ll 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.” In the same manner, the spouses of the LBT Filipinos who are nationals of other states who qualify under the Balikbayan Program under RA 6768 (as amended by RA 9174) should be allowed to travel to the Philippines. Not recognizing marriages of LBTs solemnized abroad and not allowing LBT persons and their spouses under the Balikbayan Program is discrimination against LBT persons and violates equal protection laws.37 It is significant, however, that women victims of abuse in lesbian relationships are accorded the same protection under the Anti-Violence Against Woment Act, where 35 http://www.iglhrc.org/cgi-bin/iowa/article/takeaction/resourcecenter/1423.html Padilla, Clara Rita, "PH law must recognize LGBTs' right to marry as basic human right", Rappler, Aug. 4, 2015, available at http://www.rappler.com/move-ph/ispeak/101507-ph-law-recognize-lgbt-right-marry; See Rainbow Rights case studies. 37 According to a Filipino gay married to a Dutch national, the Philippine embassy staff in the Kingdom of the Netherlands told him that Filipino LGBTs' spouses cannot avail of the Balikbayan Program. 36 12