The Philippine Supreme Court has ruled that same-sex couples may be recognised as co-owners of property, marking a significant legal development in the country.

In its decision, the court applied Article 148 of the Family Code for the first time to a same-sex relationship. The provision allows people who live together but cannot legally marry to be treated as co-owners if both parties contributed to the acquisition of a property.

The court stated that same-sex couples can qualify under this rule when evidence shows that each partner helped pay for the purchase or improvement of the property.

Same-sex unions remain illegal in the Philippines, a predominantly Catholic country. It is also the only nation outside the Vatican that does not permit divorce. As a result, LGBT couples have historically lacked legal protection in areas such as property ownership, finances, and healthcare.

The ruling, made public on Tuesday, stemmed from a dispute between two women who were formerly in a relationship. The pair had disagreed over selling their house and lot in suburban Manila after one partner withdrew from an earlier agreement to sell.

The other partner filed a case seeking to divide the property, but both a lower court and the Court of Appeals rejected the claim.

On 5 February, the Supreme Court overturned those decisions. It referred to a written document, acknowledged by both parties, showing that one partner had paid half of the purchase and renovation costs.

Although the property was registered in only one name, the court noted that this was done to speed up the transaction because the couple were neither married nor related.

While the Family Code defines marriage as a union between a man and a woman, the court explained that Article 148 does not limit its application by gender. It applies to all couples who live together but are legally unable to marry.

Associate Justice Marvic Leonen said excluding same-sex couples would make certain legitimate relationships “legally invisible.”

Associate Justice Amy Lazaro Javier added that restricting the provision to heterosexual couples was inconsistent with modern social values and resulted in unfair treatment.

Supreme Court spokesperson Camille Ting confirmed that this was the first time Article 148 had been used to resolve a property dispute involving a same-sex couple.

In its ruling, the court also urged lawmakers and government agencies to address the broader legal needs of same-sex couples.

It said Congress should take part in finding solutions to the political, moral, and cultural issues surrounding same-sex rights.

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Key Takeaways

• Same-sex couples in the Philippines can now claim co-ownership of property if both partners can prove financial contribution.

• The ruling sets a legal precedent and increases pressure on lawmakers to address gaps in LGBT legal protections.

  

Adapted by ASEAN Now from Source 2026-02.09

 

 

Seems like a sensible decision.