MANILA, Philippines–The petition on same-sex marriage has no substance which was why the Supreme Court (SC) opted to dismiss the petition, Chief Justice Lucas Bersamin said on Wednesday.
He said the SC ruling could not even be used as a precedent. A precedent case refers to decisions that can be used as guide in deciding subsequent case with similar issues or facts.
“Right now, that case did not resolve anything about same-sex marriage. The opinions that were expressed there will not be controlling. Wala kaming matatawag na precedent doon because all of these opinions that they [justices] submitted are merely dictum proprium [personal opinion],” Bersamin told reporters.
READ: SC turns down plea for same sex marriage
The petition filed by Atty. Jesus Nicardo Falcis III was to nullify Articles 1 and 2 of the Family Code as well as Articles 46 (4) and 55 (6) of the same law. Articles 1 and 2 limited marriages between man and woman while Articles 46(4) and 55 (6) mention lesbianism or homosexuality as grounds for annulment and legal separation.
But the petition was dismissed for violating principle of hierarchy of courts, failure to raise an actual justiciable controversy and Falcis has no legal standing.
Bersamin explained that Falcis should have tried applying for a marriage license. If his application was denied “he would have given more justiciability to his case.”
“But then we found out that he did not even bother to apply for that license. Wala, walang laman and the voting was we should dismiss the case because it is not justiciable. Wala syang standing. Magkakaroon ka ng standing if you suffer an injury. May controversy lang naman kung natamaan ka, hindi sya natamaan,” Bersamin explained. /jpv
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