The Supreme Court (SC) has ruled that same-sex couples who live together may be recognized as co-owners of property they acquired during their relationship, provided there is proof of actual financial contribution.
In a Decision written by Associate Justice Jhosep Y. Lopez, the SC’s Second Division held that property relations of same-sex couples are governed by Article 148 of the Family Code, which applies to couples who live together but are not legally allowed to marry.
The ruling stemmed from a property dispute between two women who lived together as a couple and purchased a house and lot in Quezon City a year into their relationship. The property was registered under one partner’s name to facilitate banking transactions. Upon their separation, the two initially agreed to sell the property and divide the proceeds equally.
One partner later signed an Acknowledgment admitting that her former partner paid around 50 percent of the purchase price and renovation costs. However, she eventually refused to sell the property and denied the existence of co-ownership.
To protect her interest, the former partner annotated an adverse claim on the property title and filed a case for partition before the Regional Trial Court (RTC), relying on the Acknowledgment as proof of contribution. The RTC dismissed the case for lack of evidence and ordered her to pay damages. The Court of Appeals affirmed the dismissal but reversed the award of damages.
The SC reversed the lower courts. It clarified the provisions in the Family Code governing the property relations of unmarried couples living together.
The SC clarified that Article 147 of the Family Code applies only to unmarried couples who may legally marry, where property acquired during cohabitation is presumed jointly owned. Since Philippine law limits marriage to a man and a woman, the Court ruled that same-sex couples “necessarily fall under Article 148.”
Under Article 148, only properties acquired through actual contribution are considered common property.
In this case, the Court found that the signed Acknowledgment was a binding admission and sufficient proof of actual contribution, establishing co-ownership of the property.
While recognizing the property rights of same-sex couples under existing law, the SC emphasized that broader issues concerning same-sex relationships cannot be resolved by the judiciary alone.
“[T]his Court does not have the monopoly to assure the freedom and rights of homosexual 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, which balance interests while maintaining fealty to fundamental freedoms. The process of legislation exposes the experiences of homosexuals who have been oppressed, ensuring that they are understood by those who stand with the majority. 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, adding that Congress and other political branches must take part in crafting laws that balance competing interests while protecting fundamental freedoms.
In a Concurring Opinion, Senior Associate Justice Marvic M.V.F. Leonen stressed that Article 148 does not distinguish based on gender and applies to all forms of cohabitation. Excluding same-sex relationships, he warned, would render certain legitimate intimate relationships “legally invisible.”
Associate Justice Amy C. Lazaro-Javier likewise noted that Article 148 is broad enough to cover same-sex cohabitation, citing evolving social values and the unjustified disparity in the treatment of heterosexual and homosexual couples.
The ruling was made public on February 10, 2026, and serves as a significant clarification on property rights for same-sex couples under Philippine law.
For the official statement and links to the full case discussions click here.
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