Justices rule that gender is not a barrier to applying Family Code property protections in landmark decision.
In a significant move for inclusivity within the Philippine judicial system, the Supreme Court has officially recognized that the Family Code’s provisions on co-ownership extend to same-sex relationships. The ruling, released February 5, specifically addresses Article 148, which governs the property relations of individuals who live together without the benefit of marriage.
The case involved a documented financial contribution by one woman to a home titled in her female partner’s name. Lower courts had dismissed her claim to the asset when the relationship dissolved, but the Supreme Court found this exclusion unjust.
Ending Legal Invisibility
The justices argued that failing to apply property laws to same-sex households effectively erases them from the legal landscape. Associate Justice Marvic Leonen emphasized that the law intends to govern property relations based on contribution and cohabitation, not the gender of the participants.
While the ruling does not legalize same-sex marriage—a contentious issue in the predominantly Catholic nation—it establishes a critical mechanism for financial equity, ensuring that partners cannot be dispossessed of assets they helped purchase simply because their union is not recognized by the church or state.
SOURCES: Philippine Judicial Records, Supreme Court Spokesperson.
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