In a historic first, the tribunal applies cohabitation laws to LGBT couples, granting legal recourse for shared assets in the conservative Catholic nation.
The Supreme Court of the Philippines has handed down a landmark ruling declaring that same-sex partners may be recognized as co-owners of property, provided they can prove joint contribution. The decision overturns lower court verdicts and marks a significant shift in legal interpretation within a country where divorce remains illegal and same-sex unions are unrecognized.
The case centered on two women who ended their relationship and subsequently disagreed on the disposition of a shared home in suburban Manila. While the property deed was registered to only one partner for bureaucratic convenience, the other possessed a signed document verifying she had paid 50% of the purchase and renovation costs.
Applying Article 148
Breaking with tradition, the high court applied Article 148 of the Family Code—which governs property relations for unmarried cohabiting couples—to the pair. Previously, this provision was largely interpreted as applying only to heterosexual unions.
Associate Justice Marvic Leonen, writing for the court, argued that restricting the law to opposite-sex couples would render “legitimate intimate relationships” legally invisible. The court emphasized that the law does not explicitly discriminate based on gender when determining asset co-ownership.
SOURCES: Supreme Court of the Philippines, BBC.
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