In a groundbreaking ruling, the Philippine Supreme Court has determined that same-sex couples are eligible to co-own property, marking a significant advancement in the legal recognition of LGBTQ+ rights in the country. This decision, which leverages a provision of the Family Code for the first time, acknowledges that contributions made by both partners in acquiring property should be recognised, irrespective of their gender.
Legal Context of the Ruling
The case that prompted this landmark decision involved two women who had previously been in a relationship and were embroiled in a dispute over their jointly owned home in suburban Manila. The disagreement arose when one partner, initially in agreement to sell the property, later refused to proceed with the sale. This led the other partner to seek legal recourse through a lower court, which ultimately denied her claim to divide the property. This ruling was upheld by the Court of Appeals, but the Supreme Court intervened, leading to a reversal on 5 February.
The Supreme Court’s judgement highlighted a document that indicated one partner had contributed 50% towards the purchase and renovation of the property. Although the property was registered solely in the name of one partner for expediency, the court found that the contributions of both parties warranted a reevaluation of their rights under the Family Code.
Implications of Article 148
While the Family Code traditionally defines marriage as a union exclusively between a man and a woman, the Supreme Court invoked Article 148, which addresses the property relations of individuals living together without the legal sanction of marriage. Associate Justice Marvic Leonen stated that the application of Article 148 must include same-sex couples; otherwise, it would render legitimate relationships invisible under the law. His sentiments were echoed by Associate Justice Amy Lazaro Javier, who argued that the article should not be restricted to heterosexual partnerships, particularly in light of evolving societal values and the unjust treatment of LGBTQ+ individuals.
A spokesperson for the Supreme Court confirmed that this ruling is the first instance of Article 148 being applied in a case concerning a same-sex couple’s property rights, representing a significant step forward in the legal landscape for LGBTQ+ rights in the Philippines.
A Call for Legislative Action
In addition to the ruling, the Supreme Court urged lawmakers to address the broader needs of same-sex couples in the Philippines. The court recognised the complex political, moral, and cultural dimensions surrounding LGBTQ+ rights and called on Congress to actively seek solutions that could further provide legal protections for same-sex relationships.
The court’s decision not only reinforces the rights of same-sex couples regarding property ownership but also serves as a clarion call for legislative reform in a nation where same-sex unions remain illegal and divorce is not permitted.
Why it Matters
This ruling is a pivotal moment for LGBTQ+ rights in the Philippines, a nation where conservative Catholic values have historically shaped legal frameworks. By recognising the property rights of same-sex couples, the Supreme Court has initiated a necessary dialogue about equality and inclusion. The ruling also highlights the urgent need for comprehensive legal reforms that can provide same-sex couples with the protections they deserve, paving the way for a more equitable society in the Philippines and potentially influencing other nations in the region grappling with similar issues.
