Manila: A significant legal shift has emerged in the Philippines after the Supreme Court recognised property co-ownership rights for Same-sex couples. The decision has applied a provision of the Family Code to partners who live together but cannot legally marry, marking a first in the country’s legal history.
The ruling has centred on a dispute between two women over a house and lot in suburban Manila. One partner sought to divide the property after plans to sell it were rejected, but lower courts denied the claim. The Supreme Court has reversed those decisions, finding that both individuals contributed financially to purchasing and renovating the property.
The court relied on Article 148 of the Family Code, which governs property relations between people who cohabit without being legally married. While marriage in the Philippines is defined as a union between a man and a woman, the court determined that the provision does not exclude Same-sex couples.
The justices concluded that recognising co-ownership prevents legitimate relationships from being left without legal protection. Evidence showed that one partner paid half of the acquisition and renovation costs, even though the property was registered under only one name.
The court noted that the registration arrangement was used to speed up paperwork because the couple could not legally marry or register as relatives. Legal observers have said the decision could provide a pathway for Same-sex couples to assert property rights despite the absence of legal marriage or divorce laws in the country.
The Philippines remains the only country outside the Vatican where divorce is not permitted, leaving many couples without legal remedies related to property and finances. The Supreme Court has also urged lawmakers and government bodies to address broader concerns affecting Same-sex couples.
The decision highlighted ongoing legal gaps in areas such as finance, healthcare and family rights. While the ruling does not legalise same-sex marriage, it has been viewed as a step toward recognising shared property rights within cohabiting partnerships.
The case has been seen as a landmark moment in Philippine jurisprudence, signalling that courts may interpret existing laws to provide protections where legislation remains limited. Observers expect the decision to influence future property disputes involving Same-sex couples across the country.
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