𝗡𝗘𝗪𝗦: “Supreme Court Affirms Co-Ownership Rights of Same-Sex Couples” by Renz Andrie Bolor

 

Layout by: Erelah Janika Geniza 

Published by: Shaina Pajarillo

Date Published: February 17, 2026

Time Published:. 7:35 AM

The Supreme Court’s Second Division ruled on February 5, 2025, that same-sex couples may be legally recognized as co-owners of properties they acquired and financed together, in a decision written by Associate Justice Jhosep Y. Lopez under Article 148 of the Family Code.

The ruling clarifies that Article 148 of the Family Code, which governs property relations between couples not legally married, may apply to same-sex partners who jointly acquire property. The decision provides legal recognition to their financial contributions, ensuring that the Court recognizes couples who purchase property together as co-owners.

Jennifer C. Josef, a woman in a same-sex relationship, filed a petition seeking legal recognition of her share in a property after the couple separated.

After the couple separated, a dispute emerged over the property they had acquired together. Despite an earlier agreement to sell it and divide the proceeds, one partner later refused to recognize the other’s share, prompting Jennifer Joseph to seek legal relief.

The Quezon City Regional Trial Court (RTC) initially denied Jennifer recognition as a co-owner of a property she shared with her long-term partner.

However, the Supreme Court later overturned the ruling and recognized her right to claim co-ownership under Article 148 of the Family Code.

“Having rightful interest over the subject property, petitioner has the right to demand the division of the subject property,” the Court stated.

Senior Associate Justice Marvic Leonen, in a separate concurrence, cautioned that a different ruling would leave certain legitimate intimate relationships ‘legally invisible,’ adding that ‘to be different is not to be abnormal.’

Associate Justice Amy Lazaro-Javier likewise expressed support for the decision, saying Article 148 is broad enough to apply to same-sex cohabitation and should not be confined to heterosexual unions.

Lazaro-Javier also noted the “prevailing values in modern society” and the “glaring yet unjustified” disparity in the treatment of same-sex couples compared with their heterosexual counterparts.

Congress continues to debate legislation granting same-sex couples marriage or union rights, while the Commission on Human Rights said recognizing such partnerships is a step toward a more inclusive and respectful society.

REFERENCES:

[1] Ayalin, A. (2026, February 10). Supreme Court recognizes co‑ownership of property in same‑sex relationships. ABS‑CBN News. https://www.abs-cbn.com/news/nation/2026/2/10/supreme-court-recognizes-co-ownership-of-property-in-same-sex-relationships-1134

[2] Laqui, I. (2026, February 10). Supreme Court: Same‑sex couples can be recognized as property co‑owners. The Philippine Star. https://www.philstar.com/headlines/2026/02/10/2507065/supreme-court-same-sex-couples-can-be-recognized-property-co-owners

[3] Supreme Court of the Philippines. (2026, February 10). SC recognizes co‑ownership of property in same‑sex relationships [Press release]. https://sc.judiciary.gov.ph/wp-content/uploads/2026/02/PRESS-RELEASE-SC-Recognizes-Co-Ownership-of-Property-in-Same-Sex-Relationships.pdf