Supreme Court recognizes co-ownership in same-sex relationships

By Trisha Matabalan, Philippine Canadian Inquirer
February 10, 2026

Photo Courtesy: Supreme Court of the Philippines

MANILA, Philippines – The Supreme Court (SC) of the Philippines has ruled that “same-sex couples who live together may be recognized as co-owners of property under Article 148 of the Family Code, provided there is proof of actual contribution.”

This came about in a Decision written by Associate Justice Jhosep Y. Lopez as he granted a former partner’s complaint for partition of property and recognized her as a co-owner of the house and lot she shared with her same-sex partner.

While this does not mean these same-sex couples can legally marry, Article 148 ensures that their property relations and co-ownership are acknowledged based on how they’ve divided the household funds.

This has been an ongoing concern for homosexual couples. Without a law in the Philippines recognizing same-sex marriage or union, they do not receive the same rights that heterosexual couples do. The Supreme Court insists that their rights still be recognized as the court cannot resolve all related concerns, and that the Congress must be involved to “quest for solutions, which balance interests while maintaining fealty to fundamental freedoms. The process of legislation exposes the experience of homosexuals who have been oppressed, ensuring that they are understood by those who stand with the majority.”

Senior Associate Justice Marvic M.V.F. Leonen explains in his Concurring Opinion that Article 148 does not discriminate based on gender and thus, it can be applied to all forms of cohabitation. He emphasizes that a same-sex relationship is a normal relationship which must be covered, “otherwise, we render legally invisible some forms of legitimate intimate relationships.”

Furthermore, in her Concurrence, Associate Justice Amy Lazaro-Javier says that Article 148 is broad enough to cover circumstances such as same-sex cohabitation. Therefore, the law should not only be limited to heterosexual relationships.