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Landmark ruling recognizes same-sex co-ownership
The Philippine Supreme Court has ruled that same-sex partners can be legally recognized as co-owners of property, marking a first in the conservative Catholic-majority nation where same-sex unions remain illegal.
Case background
The decision, released Tuesday, stemmed from a dispute between two women who had jointly purchased and renovated a house in suburban Manila. The property was registered under only one partner's name to expedite paperwork, as Philippine law does not recognize same-sex marriage.
When one partner initially agreed to sell the property but later refused, the other filed a claim in a lower court to divide their assets. Both the trial court and the Court of Appeals rejected the claim, prompting an appeal to the Supreme Court.
Legal reasoning
On February 5, the Supreme Court overturned the lower rulings, citing Article 148 of the Family Code, which governs property relations for couples who live together but cannot legally marry. The court ruled that the provision applies regardless of gender, emphasizing that excluding same-sex couples would render their relationships "legally invisible."
"Article 148 applies to all forms of co-habitation. Otherwise, we render legally invisible some forms of legitimate intimate relationships."
Associate Justice Marvic Leonen
Justice Amy Lazaro Javier added that limiting the provision to heterosexual couples would ignore "prevailing values in modern society" and perpetuate unequal treatment.
Evidence of joint contribution
The court's decision hinged on a document signed by one partner, acknowledging that both had equally shared the purchase and renovation costs. The property's sole registration under one name was deemed a procedural convenience, not a reflection of ownership.
Broader implications
The ruling highlights the lack of legal protections for LGBT couples in the Philippines, where same-sex unions are outlawed and divorce remains prohibited. The court urged lawmakers to address these gaps, stating that "political departments, especially Congress, must be involved to quest for solutions."
Supreme Court spokesperson Camille Ting confirmed to the BBC that this is the first application of Article 148 to a same-sex couple's property rights case.
Reactions and next steps
Advocacy groups welcomed the decision as a step toward equality, though they noted it falls short of full legal recognition for same-sex relationships. Lawmakers have yet to respond to the court's call for legislative action.
