By Benjamin Pulta | Philippine News Agency
Same-sex couples who live together may be recognized as co-owners of properties under the Family Code as long as their individual contributions can be proven, according to a Supreme Court (SC) ruling.
In a 14-page decision promulgated Feb. 5 and made public Tuesday, the SC 2nd Division granted a petition filed by one partner against her former partner and ruled that the petitioner owns 50% of a house and lot they shared.
“Considering that there is co-ownership between petitioner and respondent, then each co-owner may demand at any time the partition of the thing owned in common, insofar as her share is concerned,” the SC ruled.
“Having rightful interest over the subject property, petitioner has the right to demand the division of the subject property,” it added.
The two lived together as a couple and later bought a house and lot in Quezon City. They agreed to register the property under only one name to make bank transactions easier.
After they separated, the two agreed to sell the property, and the registered owner—the respondent—signed a document acknowledging that the other partner paid for half of the purchase and renovations.
Later, the registered owner refused to sell the property and withdrew her earlier acknowledgment of co-ownership, prompting the other partner to file a complaint.
The SC noted that its ruling, which reversed the decisions of the Regional Trial Court and the Court of Appeals, recognizes property rights of same-sex couples even without marriage while waiting for stronger laws to be passed.
It added that broader and lasting solutions should come from Congress, through legislation shaped by public discussion and advocacy rather than courts alone.
“With the political, moral and cultural questions that surround the issue concerning the rights of same-sex couple, political departments, especially the Congress must be involved to quest for solutions, which balance interests while maintaining fealty to fundamental freedoms,” the SC said.
