Philippines Supreme Court rules same-sex couples can co-own property

The Philippines Supreme Court in a landmark ruling said same-sex couples can co-own property under the country’s Family Code.

The Philippine News Agency on Tuesday notes the court issued its ruling in the case of two women who bought a house in Quezon City, a suburb of Manila, the Filipino capital, before they broke up.

The two women, according to the Philippine News Agency, “agreed to sell the property” after they ended their relationship, “and the registered owner — the respondent — signed a document acknowledging that the other partner paid for half of the purchase and renovations.” The Philippine News Agency notes “the registered owner” later “refused to sell the property and withdrew her earlier acknowledgment of co-ownership, prompting the other partner to file a complaint.”

A Regional Trial Court and the Philippines Court of Appeals ruled against the plaintiff.

The Supreme Court in a 14-page ruling it issued on Feb. 5 overturned the decisions. The Supreme Court published its decision on Tuesday.

“Considering that there is co-ownership between petitioner and respondent, then each co-owner may demand at any time the partition of the thing owned in common, insofar as her share is concerned,” said the Supreme Court in its ruling, according to the Philippine News Agency. “Having rightful interest over the subject property, petitioner has the right to demand the division of the subject property.”

The predominantly Catholic country’s Family Code defines marriage as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.” It also states in Article 148 that “in cases of cohabitation” outside of marriage, “only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions.”

“In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal,” it reads.

The BBC reported the Supreme Court ruling states this provision “applies to all forms of co-habitation,” regardless of the couple’s gender. A Supreme Court press release indicates the decision notes lawmakers and the Filipino government “must address same-sex couples’ rights, as courts alone cannot resolve all related policy concerns.”

“This court does not have the monopoly to assure the freedom and rights of homosexual couples,” it reads. “With the political, moral, and cultural questions that surround the issue concerning the rights of same-sex couples, political departments, especially the Congress must be involved to quest for solutions, which balance interests while maintaining fealty to fundamental freedoms.”

LGBT Pilipinas, a Filipino advocacy group, welcomed the ruling.

“This ruling marks a monumental step forward in the legal recognition of LGBTQ+ families and relationships in the country,” it said in a statement.

LGBT Pilipinas added the ruling “lays a crucial legal foundation for broader recognition of same-sex relationships and strengthens the push for comprehensive anti-discrimination protections.”

“This is a win not only for the LGBTQ+ community, but for fairness and justice in Philippine society as a whole,” said the group.