Same-sex couples can legally co-own property in the Philippines, as long as both parties can prove equal contribution during its purchase, the country’s Supreme Court has said in a recent ruling.
Written by Associate Justice Jhosep Lopez, the landmark decision falls under Article 148 of the Family Code, which governs property relations of couples who are living together but cannot legally marry.
Details of the case
According to the ruling promulgated on February 5 and publicized on February 10, two women — who once lived together as a couple — disagreed with the decision to sell a house-and-lot they purchased during their relationship.
The property was registered under one partner’s name (the complainant) for convenience in banking transactions and to speed up the acquisition process.
They initially agreed to sell the property and equally split the profit.
The complainant even signed an acknowledgement document, stating that her former partner (the petitioner) contributed about 50% to the purchase and renovation costs.
However, she later withdrew her agreement and denied the petitioner’s co-ownership.
This prompted the other partner to file a claim before a lower court, seeking a division of the property and citing the acknowledgement as proof.
The lower court dismissed her claim, which was affirmed by the Court of Appeals (CA). She was originally ordered to pay damages for lack of proof, but this was overturned by the CA.
This decision led both parties to put forward an appeal to the Supreme Court.
The country’s top court eventually reversed the rulings, stressing that property relations between same-sex couples are guided by Article 148 of the Family Code and not Article 147.
Article 147 applies to couples who are legally allowed to marry, and as such, properties they obtained during their cohabitation are automatically presumed to be jointly owned.
As such, the Supreme Court granted the petitioner’s request to divide the property, recognizing her as the co-owner of the house-and-lot.
“Government branches must address same-sex couples’ rights”: Supreme Court
While acknowledging that the Family Code defines marriage as a union between a man and a woman, the top court said in a press release:
“Without a law recognizing same-sex marriage, Congress and other government branches must address same-sex couples’ rights, as courts alone cannot resolve all related policy concerns.”
Furthermore, Senior Associate Justice Marvic Leonen emphasized that Article 148 “does not distinguish based on gender and applies to all forms of cohabitation,” adding that “a same-sex relationship is a normal relationship” that must be covered by Article 148.
“Otherwise, we render legally invisible some forms of legitimate intimate relationships.”
Associate Justice Amy Lazaro-Javier went on to add that Article 148 should not be limited to heterosexual partnerships, considering the “prevailing values in modern society as well as the glaring yet unjustified difference in the treatment of heterosexual couples vis-a-vis their homosexual counterparts.”
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Current state of legal rights for same-sex couples
A predominantly Catholic and conservative country, the Philippines does not lawfully recognize any form of union between same-sex couples, leaving such individuals at a legal disadvantage, especially in terms of benefits in healthcare, property and finance.
Currently, only Quezon City (QC) has a Right to Care (RTC) card, a document issued by the city government allowing resident same-sex couples to make medical decisions for their partners through a Special Power of Attorney.
The program was implemented in June 2023 in city government hospitals, including the Quezon City General Hospital, Novaliches District Hospital, and Rosario Maclang Bautista General Hospital.
In June 2025, San Juan City passed an ordinance recognizing the RTC program.
It is the only local government, so far, outside of QC that approved the initiative.
LGBTQ+ rights advocates in the Philippines have been calling for the nationwide implementation of the RTC program, on top of other legal provisions, such as the SOGIE Bill and the legalization of same-sex marriage.
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