The Philippine Supreme Court in a landmark decision has ruled that same-sex couples can be considered co-owners of property.
Applying a provision of the country's Family Code for the first time, the court said same-sex couples can be recognised as co-owners if it is proven that both parties contributed to acquiring a property.
Same-sex unions are outlawed in conservative Catholic Philippines, and it is the only country in the world, outside of the Vatican, that does not allow divorce, leaving LGBT couples without legal protections regarding property, finance, and healthcare.
The Supreme Court ruling was made public on February 5 and involves a former couple—two women—who had a dispute over selling their house in suburban Manila. One parter refused to sell after initially agreeing, leading the other to seek a claim in court. The lower courts denied the claim, but the Supreme Court reversed those decisions, citing a document that demonstrated one partner had paid half of the purchase and renovation costs.
Although the Family Code defines marriage as a bond between a man and a woman, the court interpreted Article 148—governing the property relations of individuals who live together but cannot legally marry—as applicable to all forms of cohabitation, including same-sex partnerships. Justice Marvic Leonen stated that if Article 148 did not apply to same-sex couples, it would render some legitimate relationships legally invisible.
Associate Justice Amy Lazaro Javier emphasized that Article 148's application should not be restricted to heterosexual couples, acknowledging the need for equitable treatment of same-sex relationships in line with modern societal values.
A Supreme Court spokesperson confirmed that this was the first case to invoke Article 148 for property rights of a same-sex couple. The court has also called on lawmakers to address the needs of same-sex couples in light of the existing political, moral, and cultural questions surrounding their rights.
The decision marks a significant moment for LGBTQ+ rights in the Philippines, as it pushes for broader recognition and legal protections amidst ongoing debates and challenges within the conservative society.
