MANILA, Philippines – The fight for same-sex marriage in the Philippines is still very much alive despite the recent Supreme Court ruling that unanimously dismissed a petition based on technical grounds – lack of a legal standing and violation of hierarchy of courts.

"We just voted to dismiss the case because there is no case," Chief Justice Lucas Bersamin told reporters on Wednesday, September 4, saying that petitioner Jesus Falcis could not sue the Civil Registrar General for denying marriage licenses to members of the LGBTQ+ community if he himself had not applied for a marriage license yet.

It was Falcis' theory that the provisions in the Family Code that limit a marriage to a man and woman only, and which is the basis of the Civil Registrar General in approving marriage licenses to straight couples only, already harm him as a gay man even though he has not applied for marriage yet.

The petition argued that those provisions in the Family Code violate the constitutional guarantee of equal protection. The petition argued that those provisions in the Family Code violate the constitutional guarantee of equal protection.

The pronouncement of the ruling, penned by Associate Justice Marvic Leonen, would also provide an opening for marriage equality as it said the Constitution does not explicitly ban same-sex marriage.

"From its plain text, the Constitution does not define, or restrict, marriage on the basis of sex, gender, sexual orientation, or gender identity or expression," said the ruling, as quoted by SC Spokesperson Brian Keith Hosaka. Read more via Rappler