Philippine Supreme Court Rules Same-Sex Couples Can Jointly Own Property

Manila. The Supreme Court of the Philippines has made a historic ruling, determining that same-sex couples can jointly own property.

The court, for the first time, applied a provision of the country's 'Family Code,' interpreting that if both parties prove their contribution to the purchase of property, they can be considered co-owners.

Same-sex marriage is illegal in the Philippines, which is considered predominantly Catholic and socially conservative. This country, besides the Vatican, is the only one in the world where divorce is also not legal. Because of this, same-sex couples have been deprived of legal protection regarding property, financial rights, and healthcare.

The ruling, made public on Tuesday, involved a case between two women regarding the sale of a house in a Manila suburb. Although the lower and appellate courts had rejected the demand for property division, the Supreme Court overturned those decisions on February 5. The court primarily based its decision on documents showing one partner paid 50 percent of the purchase and renovation costs. The property was registered under only one person's name to simplify the home buying process.

The court ruled that Article 148 of the 'Family Code' (Property relations of persons who are not legally married but live together) does not discriminate based on gender and is therefore applicable to same-sex couples. Judge Marvic Leonen stated that failing to apply this provision would render some forms of legitimate intimate relationships legally invisible.

The court also urged the government and the legislature to address the rights of same-sex couples.