Supreme Court Senior Associate Justice Marvic Leonen Says Filipinos Have the Right to Choose Who to Love
LEONEN – Can a person choose whom to love and when to walk away from a relationship? Justice Marvic Leonen believes this freedom is a human right.
Supreme Court Senior Associate Justice Marvic Leonen emphasized that an individual’s freedom to choose whom to love and when to end a relationship is a human right during the oral arguments before the High Court on Tuesday, August 11.
The issue was raised as Leonen interpellated Solicitor General Darlene Berberabe, who represented the state in the proceedings concerning the recognition of foreign divorce. Leonen called for a more compassionate and constitutional interpretation of family, marriage, and personal 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.
Berberabe responded affirmatively, saying: “Yes, your honor. It’s part of one’s autonomy.”
Leonen continued to examine whether the freedom to love and end a relationship should be considered fundamental to human dignity.
“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?” Leonen asked.
Berberabe again answered in the affirmative.
The discussion then turned to the extent of government intervention in marriage. While Berberabe maintained that the state regulates the “external factors” involved in entering and exiting a marriage, Leonen questioned the fundamental reason for requiring individuals to remain in relationships that have already broken down.
He asked what interest the state could have in forcing couples to stay together when they “cannot stand each other.”
Berberabe explained that such intervention is anchored on the constitutional provision recognizing the inviolability of marriage.
Leonen further questioned whether the Constitution itself could already be understood as allowing individuals to decide when to separate, even without additional 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 marked the final day of oral arguments on the foreign recognition of divorce before the Supreme Court. Since the oral arguments began on Aug. 19, 2025, the High Court has conducted four sessions.
Following the proceedings, Supreme Court Chief Justice Alexander Gesmundo directed the parties and amici curiae to submit their respective memoranda within 20 days, starting Tuesday.
The case originated from a petition filed by an American dual citizen seeking recognition of his foreign divorce in the Philippines.
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