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In a precedent-setting decision that could bode well for the legalization of same-sex marriage in the Philippines, the country’s Supreme Court has ruled that same-sex couples can be considered co-owners of property acquired over the course of their relationship.
The ruling came about based on a lesbian couple that is decidedly not interested in getting married, the Philippines Star reported.
The ruling promulgated on February 5 and penned by Associate Justice Jhosep Lopez made its way to the country’s highest court after the two women had lived together for several years. In that time, they purchased a house and lot in Quezon City, and registered it under only one partner’s name.
Then they decided to split.
The two women initially agreed to sell the property and divide the proceeds equally. Knowing they wouldn’t benefit from community property laws afforded to married couples, the partner who officially owned the house and lot signed an “acknowledgment” confirming that the other had paid for roughly 50% of the purchase and renovation costs of the property.
Then she reneged on the deal.
After she denied the other woman’s co-ownership and refused to sell, the scorned partner went to court, filing a case based on the signed acknowledgement.
A back-and-forth over culpability, damages, and lack of proof ensued across two courts and appeals before the case landed at the nation’s highest court.
A case pitting a similar but married plaintiff and defendant would normally fall under Article 147 of the Philippines Family Code. That article applies to couples who are legally eligible to marry and “presumes” joint ownership of property acquired during cohabitation, the high court explained.
But because the Family Code limits marriage to a union between a man and a woman, the high court held that the case of the battling lesbian couple necessarily fell under Article 148, which applies to those prohibited from marriage and requires proof of actual contribution for a property to be considered common.
That signed “acknowledgement” provided the proof.
“Having admitted the actual contribution of petitioner, their corresponding shares are prima facie presumed equal. Thus, with Article 148 of the Family Code and the Acknowledgement executed by respondent, petitioner is a co-owner to the extent of 50% share of the subject property,” the ruling read.
“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. Having rightful interest over the subject property, petitioner has the right to demand the division of the subject property,” Judge Lopez added.
Legislation legalizing civil unions or full marriage equality for same-sex couples in the Philippines has been stalled in the country’s Congress over multiple sessions.
Concurring opinions in the case noted the gap between public opinion, which is generally supportive of LGBTQ+ rights in the Philippines, and legislative action.
Justice Lazaro‑Javier recognized “the prevailing values in modern society as well as the glaring yet unjustified difference in the treatment of heterosexual couples vis-à-vis their homosexual counterparts,” while the majority ruling called on Congress to address the issue at the core of the case more broadly.
“Mostly, public reason needs to be first shaped through the crucible of campaigns and advocacies within our political forums before it is sharpened for judicial fiat,” the court said.
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