Landmark Supreme Court ruling
The Philippine Supreme Court has ruled in a landmark decision that same-sex couples can be considered co-owners of property.
Applying a provision of the country’s Family Code for the first time, the court said same-sex couples can be recognised as co-owners if it is proven that both parties contributed to acquiring a property, strengthening legal recognition of same-sex property rights.
Same-sex unions are outlawed in the conservative Catholic Philippines, and it is the only country in the world, outside of the Vatican, that does not allow divorce.
This has left LGBT couples without legal protections when it comes to property, finance and healthcare.
Case involved former couple in Manila
The Supreme Court ruling, which was made public on Tuesday, involved a former couple- two women- who had feuded over plans to sell their house and lot in suburban Manila.
One of the women refused to sell their house after initially agreeing to do so, leading the other to file a claim before a lower court asking to divide their property. The lower court denied the claim, which was affirmed by the Court of Appeals.
But the Supreme Court on 5 February reversed the lower court rulings. It cited a document made by one partner- and acknowledged by the other- that she paid 50% of the purchase and renovation costs.
The property was registered under the name of only one of the partners to make the paperwork during the acquisition faster, since they were not married or related by blood.
Interpretation of the Family Code
While the Family Code defines marriage as a bond between a man and a woman, the court said 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”.
Article 148 applies to same-sex couples, “otherwise, we render legally invisible some forms of legitimate intimate relationships”, said Associate Justice Marvic Leonen.
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”.
A spokesperson for the Supreme Court, Camille Ting, confirmed that it is the first time Article 148 of the Family Code has been used to decide a case regarding same-sex property rights.
Call for legislative action
The court, in its decision, also called on government and lawmakers 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.
Source: BBC
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