A landmark Supreme Court case in the Philippines has extended joint property rights to same-sex couples for the first time.
The BBC reports that the decision applies a provision of the Philippine Family Code to same-sex couples, stating that same-sex couples who live together can be recognised as co-owners of property acquired during their relationship, provided there is clear documentation of actual contribution.
The case involved two women and a residential property in suburban Manila purchased while they were together. When the relationship ended, the two initially agreed to sell the house and lot, only for one to change her mind. The woman who wished to sell filed a claim in lower court asking to divide their property, but was denied and ordered to pay damages for lack of proof.
The Court of Appeals, while affirming the dismissal, reversed the ruling on damages which prompted the appeal to the Supreme Court.
Justices reversed the lower courts’ rulings, clarifying that property between same-sex couples – who are ineligible to marry in the conservative Catholic country – should be governed by Article 148 of the Family Code.
[See more: Thousands tie the knot as Thailand becomes first Southeast Asian nation to recognise same-sex marriage]
Property rights of couples who are legally eligible to marry are governed by Article 147, which presumes joint ownership. The court asserted that Article 148, which governs “property relations of people who live together but cannot legally marry,” does not discriminate based on gender and “applies to all forms of co-habitation.”
The provision must apply to same-sex couples, “otherwise, we render legally invisible some forms of legitimate intimate relationships” said Associate Justice Marvic Leonen. Limitations on marriage have left same-sex couples in the country without vital legal protections in terms of property, finance and healthcare.
Associate Justice Amy Lazaro Javier further noted that Article 148 must not be limited to heterosexual couples “given 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.”
The decision also called upon the Philippine government to do more to address the needs of same-sex couples.
“With the political, moral, and cultural questions that surround the issue concerning the rights of same-sex couples, political departments especially the Congress must be involved to quest for solutions,” the court said.
