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Philippines: Same-sex couples can co-own property, top court rules
The Supreme Court recognized same-sex couples' property rights under Article 148, requiring proof of 50% financial contribution, urging legislative action for broader LGBT protections.
- On February 5, the Philippine Supreme Court applied Article 148 to same-sex property relations, reversing lower courts in the case of Jennifer Josef and Evalyn Ursua.
- Because the Family Code limits marriage to a man and a woman, the court said Article 148 applies to same-sex partners who are not capacitated to marry, requiring proof of actual contribution.
- Acknowledgment forms and payment records indicate roughly 50% contribution, showing they bought the Quezon City house and lot in 2006 and registered it under Ursua's name for banking convenience.
- By affirming Article 148, the court said proven contribution lets co-owners demand partition, and the Second Division urged Congress and local governments to address gaps, saying `This Court does not have the monopoly to assure the freedom and rights of homosexual couples`.
- With same-sex unions outlawed and no divorce, the decision highlights unresolved protections for LGBT couples in the Philippines, where public support is about 22%, and Senior Associate Justice Marvic Leonen said, `Our laws should be read from more contemporary lenses. We must bear in mind how the lived realities of many couples in the Philippines are now far from heteronormative standards.
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16 Articles
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Coverage Details
Total News Sources16
Leaning Left6Leaning Right1Center2Last UpdatedBias Distribution67% Left
Bias Distribution
- 67% of the sources lean Left
67% Left
L 67%
C 22%
11%
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