THE Cebu City Council is weighing a proposal that would grant same-sex partners legal rights for hospital visitation and medical decisions.
The proposed ordinance, endorsed by Councilor Michelle Abella-Cellona on Tuesday, Oct. 28, 2025, would require hospitals to recognize same-sex partners as legitimate caregivers. It would also allow them to act as substitute decision-makers when a patient is incapacitated and no immediate relatives are present. The measure aims to strengthen the City’s non-discrimination policies for the LGBTQIA+ community.
If national law does not recognize same-sex partnerships, why is a city-level ordinance necessary and how would it work?
The Philippines does not legally recognize same-sex marriage or civil unions at the national level. The Family Code of the Philippines defines marriage as a union between a man and a woman.
Consequently, hospitals and health facilities typically define “next of kin” as legal spouses or blood relatives. This policy can leave same-sex partners without legal standing to visit, receive information or make critical care decisions for their partners, even in long-term relationships. This ordinance seeks to close that gap at the local level.
What the proposal includes
The measure would mandate all health facilities in Cebu City to grant same-sex partners full visitation rights, subject to general hospital rules for infection control and safety.
It also creates a clear legal pathway for a partner to become a substitute medical decision-maker. This authority applies if the patient is unconscious or critically ill and no legal spouse, guardian or blood relative is available. The partner could then authorize diagnostic tests, medical and surgical procedures, treatment options and the discharge process.
How partners prove their relationship
The ordinance proposes several ways to establish proof of partnership. These include a joint affidavit of cohabitation, a barangay certification or shared utility bills.
Insurance beneficiary designations or a written declaration identifying the partner as a caregiver may also be used. The measure instructs hospitals to adopt flexible standards for proof, especially during emergencies.
Enforcement and training
Health facilities would be required to establish internal guidelines, train their staff on these non-discrimination policies and integrate them into their patients’ rights charters.
Facilities that violate the ordinance would face fines ranging from P5,000 to P20,000. Repeat offenses could lead to the revocation of the facility’s business permit.
A step toward local inclusion
If passed, the measure would make Cebu City one of only a few local governments in the Philippines to provide such legal protections. Advocates view the move as a significant step for LGBTQIA+ inclusion, especially while national anti-discrimination bills remain pending in Congress.
The Cebu City Health Department would be tasked to draft the implementing rules within 60 days of approval, in coordination with hospitals, LGBTQIA+ groups and the Commission on Human Rights. / EHP