In a landmark decision, the Supreme Court of the Philippines has officially recognized that same-sex couples can be considered co-owners of property, marking a significant step forward in the legal acknowledgment of their rights. This ruling is based on Article 148 of the Family Code, which applies to couples who are not permitted to marry, including same-sex partners, and hinges on clear evidence of actual financial contributions to the property.
Case Details and Judicial Ruling
The Second Division of the Supreme Court favored the complaint of a former partner seeking division of a house and land purchased in Quezon City, even though the property was registered under only one individual's name. The court's decision was influenced by a signed Acknowledgment document, where one partner admitted that nearly half of the expenses for buying and developing the property came from their former relationship. This evidence solidified the claim for co-ownership under the legal framework.
Legal Distinctions and Implications
The Supreme Court clarified the distinction between Article 147 and Article 148 of the Family Code. Article 147 pertains to couples who are eligible to marry, while Article 148 covers those who are not allowed to marry, such as same-sex couples. Under Article 148, co-ownership is strictly based on the actual contributions made by each party, rather than presumptions of joint ownership. This ruling provides a legal pathway for same-sex couples to assert property rights, but it does not extend to broader marital or inheritance benefits.
Broader Context and Future Considerations
Despite this progressive step, the Supreme Court emphasized that the wider issue of rights for same-sex couples must be addressed by Congress and other government branches, not solely through judicial decisions. The court highlighted that while it can interpret existing laws to protect property interests, comprehensive legal reforms—such as marriage equality or anti-discrimination laws—require legislative action. This decision underscores the ongoing need for societal and political dialogue to advance LGBTQ+ rights in the Philippines.
This ruling is expected to impact future cases involving property disputes among same-sex couples, setting a precedent for how contributions are evaluated in co-ownership claims. Legal experts anticipate that it may encourage more couples to document their financial arrangements to safeguard their interests. However, advocates continue to push for more inclusive laws to ensure full equality under the law.
