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 recognized 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. This has left LGBT couples without legal protections when it comes to property, finance, and healthcare.
The Supreme Court ruling, which was made public on Tuesday, involved a former couple – two women – who had feuded over plans to sell their house and lot in suburban Manila. One of the women refused to sell their house after initially agreeing to do so, leading the other to file a claim before a lower court asking to divide their property. The lower court denied the claim, which was affirmed by the Court of Appeals.
But the Supreme Court on 5 February reversed the lower court rulings. It cited a document made by one partner – and acknowledged by the other – that she paid 50% of the purchase and renovation costs. The property was registered in the name of only one of the partners to expedite the acquisition process, as they were not married or related by blood.
While the Family Code defines marriage as a bond between a man and a woman, the court said Article 148 - which governs property relations of people who live together but cannot legally marry - does not discriminate based on gender and applies to all forms of cohabitation.
Article 148 applies to same-sex couples; otherwise, we render legally invisible some forms of legitimate intimate relationships, said Associate Justice Marvic Leonen. Associate Justice Amy Lazaro Javier further emphasized that Article 148 must not be limited to heterosexual couples, given modern societal values and the unjust treatment of homosexual counterparts.
A spokesperson for the Supreme Court, Camille Ting, confirmed that it is the first time Article 148 has been used in a case involving the property rights of a same-sex couple. The court also called on lawmakers to address the needs of same-sex couples, stressing the importance of political involvement in finding solutions to their rights.
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. This has left LGBT couples without legal protections when it comes to property, finance, and healthcare.
The Supreme Court ruling, which was made public on Tuesday, involved a former couple – two women – who had feuded over plans to sell their house and lot in suburban Manila. One of the women refused to sell their house after initially agreeing to do so, leading the other to file a claim before a lower court asking to divide their property. The lower court denied the claim, which was affirmed by the Court of Appeals.
But the Supreme Court on 5 February reversed the lower court rulings. It cited a document made by one partner – and acknowledged by the other – that she paid 50% of the purchase and renovation costs. The property was registered in the name of only one of the partners to expedite the acquisition process, as they were not married or related by blood.
While the Family Code defines marriage as a bond between a man and a woman, the court said Article 148 - which governs property relations of people who live together but cannot legally marry - does not discriminate based on gender and applies to all forms of cohabitation.
Article 148 applies to same-sex couples; otherwise, we render legally invisible some forms of legitimate intimate relationships, said Associate Justice Marvic Leonen. Associate Justice Amy Lazaro Javier further emphasized that Article 148 must not be limited to heterosexual couples, given modern societal values and the unjust treatment of homosexual counterparts.
A spokesperson for the Supreme Court, Camille Ting, confirmed that it is the first time Article 148 has been used in a case involving the property rights of a same-sex couple. The court also called on lawmakers to address the needs of same-sex couples, stressing the importance of political involvement in finding solutions to their rights.
