By 
27-02-2026 | Roberta Moisuc | Asia Team Researcher, Global Human Rights Defence.
In a landmark decision on February 5th, 2026, the Supreme Court of the Philippines recognised the property rights of a same-sex couple for the first time. The court affirmed that cohabiting partners in same-sex relationships may claim co-ownership under Article 148 of the Family Code if they can prove financial contribution. The case marks a major advancement for LGBTQIA+ rights in a country
On February 5th, 2026, the Philippine Supreme Court granted property rights to a same-sex couple in a landmark ruling, marking one of the country’s most significant advancements for LGBTQIA+ rights in years.
The case involved a lesbian couple who had bought property together but had registered it under one name for the sale to be successful. Later, when the couple eventually separated, the individual whose name was on the property ownership title had asserted full rights despite previously acknowledging the other partner’s co-ownership contributions to acquiring and renovating the property. 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.
On February 5th, the Supreme Court reversed the lower court rulings. In the judgement, the court found that article 148 of the Philippine family code, which governs property rights for cohabiting couples who cannot marry may claim co-ownership of property acquired during their relationship if they can prove actual financial contribution. 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”. In its decision, the court also called on government and lawmakers to address the needs of same-sex couples.
The decision marked the first time that the Supreme Court had applied Article 148 of the Family Code to a same-sex relationship. The Philippines does not recognise marriage or civil unions for same-sex couples, making joint property ownership a crucial step towards change. The Supreme Court’s ruling should be used as a stepping stone for lawmakers to enact legislation that ensures equal rights and protections regardless of sexual orientation or gender identity.
