In a watershed moment for same-sex couples in the Philippines, the Supreme Court ruled on February 5 that a cohabiting same-sex partner has co-ownership rights to property they helped acquire during the relationship.
The case involved a lesbian couple who bought property together but registered it under one partner’s name to facilitate the sale. When they separated, the partner whose name was on the title asserted full ownership, despite previously acknowledging the other partner’s co-ownership and contributions to acquiring and renovating the property.
The court found that article 148 of the Philippine family code, which governs property rights for cohabiting couples who cannot marry, can apply to same-sex couples if both parties contribute to acquiring a property. Associate Justice Amy Lazaro Javier emphasized the need to recognize same-sex couples’ co-ownership rights given the "glaring yet unjustified difference in the treatment of heterosexual couples vis-à-vis their homosexual counterparts."
Because the Philippines does not recognize marriage or civil unions for same-sex couples, recognition of joint property ownership is a crucial protection. A 2023 Human Rights Watch report found that barriers to land ownership were a particular concern for lesbian, bisexual, and queer women, and clear property rights within a relationship offer certainty and stability whether couples remain together or separate.
The decision follows growing recognition of same-sex partnerships in Asia. Thailand legalized same-sex marriage in 2024, Taiwan did so in 2019, and Nepal has begun to recognize some same-sex marriages. South Korea has also taken steps toward recognition, including a 2024 Supreme Court ruling extending health insurance benefits to same-sex partners.
Philippines lawmakers have repeatedly introduced legislation to protect LGBT couples, including a 2017 civil partnerships bill that was introduced in Congress but not enacted. If passed, it would have granted same-sex couples “[a]ll benefits and protections as are granted to spouses in a marriage.” In 2019, the Supreme Court dismissed a case asserting that excluding same-sex couples from the definition of marriage was unconstitutional. Additional legislative efforts in 2019 and 2022 were not enacted into law.
The Supreme Court’s ruling is an important step toward equality. Lawmakers should build on its recognition of the lives that same-sex couples build together by enacting legislation that ensures equal rights and protections for all couples, regardless of sexual orientation or gender identity.
