Choosing whom to love, when to part ways is a human right — Leonen

MANILA, Philippines — An individual's choice on whom to love and when to part ways is a human right, Supreme Court Senior Associate Justice Marvic Leonen said.

This was discussed during the oral arguments before the High Court on Tuesday, August 11, when Leonen interpellated Solicitor General Darlene Berberabe, who was representing the state, saying that there should be a more compassionate, constitutional interpretation of family and relationships.

“Would you agree with me that our capacity to love and our choice of who to love and not love is a human right?” Leonen asked.

To which Berberabe replied: “Yes, your honor. It's part of one's autonomy.”

Leonen then continued to press: “Is it a fundamental Is it fundamental for a human being?... To love, to choose who to love, and to choose to fall out of love?”

Berberabe also replied in the affirmative.

While Berberabe argued that the state regulates the "external factors" of entering and exiting a marriage, Leonen questioned the very basis of this state intervention.

He asked what fundamental interest the state could have in compelling citizens to remain in troubled relationships where they "cannot stand each other."

Berberabe replied that its basis lies in the constitutional provision on the inviolability of marriage.

Leonen then asked the Solicitor General if the Constitution can be interpreted as already granting individuals the power to choose when to separate without needing new legislation.

“What we need legislation for is the effects of that fundamental human right to choose to separate?” Leonen asked.

The Solicitor General replied: “The couples can really separate without, of course, the outcome or the consequences which will be impacted by the present laws.”

Tuesday was the last day of the oral arguments on the foreign recognition of divorce before the High Court.

Since oral arguments opened on August 19, 2025, a total of four sessions have been conducted.

With this, Supreme Court Chief Justice Alexander Gesmundo ordered the parties and amici curiae to file their respective memoranda within 20 days starting Tuesday.

The oral arguments stemmed from a petition filed by an American dual citizen for the recognition of his foreign divorce.

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