Philippine Court affirms same-sex property rights

The Philippine Supreme Court has ruled that same-sex couples can be recognized as co-owners of property, provided both parties demonstrate financial contribution to its acquisition. This landmark judgment, which applies a provision of the Family Code for the first time in such a context, offers significant legal protection to LGBTQ+ individuals in the conservative nation.

The ruling addresses a critical gap in legal safeguards for same-sex couples in a country where same-sex unions remain unrecognized and divorce is illegal, leaving partners vulnerable in matters of finance, property, and healthcare. The Supreme Court’s decision, reported by the BBC, stems from a dispute between two women over a shared residence in suburban Manila. After lower courts denied claims for property division, the High Court reversed these rulings on February 5, citing evidence of equal contribution to the property's purchase and renovation costs.

The property in question was registered under the name of only one partner, a common practice for unmarried or non-blood-related couples to streamline paperwork. However, the Supreme Court determined that Article 148 of the Family Code, which governs "property relations of people who live together but cannot legally marry," applies comprehensively to "all forms of co-habitation," regardless of gender identity or sexual orientation.

Associate Justice Marvic Leonen underscored the decision's necessity, stating that to exclude same-sex couples from Article 148 would "render legally invisible some forms of legitimate intimate relationships." Concurring, Associate Justice Amy Lazaro Javier emphasized that Article 148 must not be restricted to heterosexual couples, given "the prevailing values in modern society as well as the glaring yet unjustified difference in the treatment of heterosexual couples vis-à-vis their homosexual counterparts."

Supreme Court spokesperson Camille Ting confirmed to the BBC that this marks the inaugural application of Article 148 of the Family Code in a case involving the property rights of a same-sex couple.

Beyond the immediate case, the Court's decision included a call for broader legislative engagement. It urged governmental and legislative bodies to proactively address the evolving needs and rights of same-sex couples, recognizing the complex "political, moral, and cultural questions" surrounding these issues and the necessity for comprehensive solutions.