SC affirms co-ownership in same-sex unions – BusinessWorld Online
THE Supreme Court (SC) has recognized the property rights of same-sex couples, ruling that partners in such relationships may be considered co-owners of property acquired during their union, provided there is proof of actual contribution.
In a decision penned by Associate Justice Jhosep Y. Lopez, made public on Tuesday, the High Court’s second division granted a petition for the partition of property filed by a woman against her former female partner, reversing lower court rulings.
The tribunal said that under Article 148 of the Family Code, which applies to couples who cannot legally marry, “only properties obtained through actual contribution are considered common property.”
The signed acknowledgment showing one partner paid about half of the property costs was deemed “a binding admission and sufficient proof of actual contribution,” according to the SC.
The Court stressed that “[this] Court does not have the monopoly to assure the freedom and rights of homosexual couples,” urging Congress to address policy issues affecting same-sex unions.
Senior Associate Justice Marvic M.V.F. Leonen added that Article 148 “does not distinguish based on gender and applies to all forms of cohabitation,” while Associate Justice Amy C. Lazaro-Javier noted it “is broad enough to cover same-sex cohabitation and should not be limited to heterosexual relationships.” — Erika Mae P. Sinaking
