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Philippine Supreme Court rules same-sex couples can co-own property

In a groundbreaking decision, the Philippine Supreme Court has determined that same-sex couples can be recognized as co-owners of property under the Family Code. This marks the first application of this provision to same-sex couples, allowing them to share ownership if both parties contributed to the acquisition of the property.

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Same-sex unions remain illegal in the predominantly Catholic Philippines, making the ruling particularly significant for LGBT couples who have historically lacked legal protections in areas like property, finance, and healthcare, BBC reported.

The ruling arose from a dispute between two women regarding the sale of their home in suburban Manila. After one partner refused to go forward with a previously agreed sale, the other sought to divide their property. While local courts initially denied this claim, the Supreme Court reversed those decisions on February 5, citing evidence that both partners had equally contributed to the purchase and renovation costs of the property.

The property was registered solely in one partner’s name for convenience, given their non-marital status. The court referenced Article 148 of the Family Code, which defines property relations for couples who cannot legally marry, stating it applies to all cohabiting couples regardless of gender. Justices emphasized that excluding same-sex couples from this article would render legitimate relationships legally invisible.

The court called on government lawmakers to address the legal needs of same-sex couples, urging that the political, moral, and cultural issues surrounding their rights must be resolved collaboratively by Congress. This ruling is a significant step towards recognizing the rights of LGBT individuals in the Philippines.

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