ILOILO City – Members of the LGBTQ (lesbian, gay, bisexual, transgender, queer) community in Iloilo have welcomed the Supreme Court’s recognition of co-ownership rights in same-sex cohabitation, calling it a long-awaited legal protection — but stressing that the fight for equal rights is far from over.
For many same-sex couples, the ruling addresses years of uncertainty over shared properties acquired during cohabitation — especially in cases of death or separation.
Rhea Peñaflor, Ilongga former assistant secretary of the Department of Social Welfare and Development and a long-time LGBT advocate who has been with Nody Mae Martir, her Filipino female partner for 12 years and married to her in the U.S. for 8 years, described the high court’s decision as a milestone.
“For me being an advocate sa LGBT rights and being married to a woman, although siempre diri sa aton it’s not recognized, we still follow our national law, and we are still Filipino citizens. So when we’re in the Philippines we are still single but this is already I think a start. It’s a small win for LGBT. This is a landmark case ruling from the Supreme Court,” said Peñaflor, also a former commissioner representing the Visayas in the National Youth Commission.
The ruling clarifies that Article 148 of the Family Code — rather than the Civil Code — applies to property relations of couples living together without a valid marriage, including same-sex partners.
Peñaflor noted that the ruling eases a long-standing concern among same-sex couples who have invested jointly in properties but remain legally “single” under Philippine law.
“Now, gin klaro na sang Supreme Court. They’re already including same-sex couples because our laws only permit marriage between a man and a woman. So, I think the ruling is a good thing kay this is always a concern, even for me and my wife. May mga co-owned properties kami. Of course, may apprehensions gihapon kay siempre indi kamo married. This ruling I think nami ‘ni sia,” she added.
The ruling also recognizes alternative forms of proof of contribution, including acknowledgment receipts — a practical safeguard for couples who are not legally married .
Peñaflor said this gives couples a clearer path to protect their assets.
“I would also recommend and suggest sa aton fellow LGBT nga mag-execute sang notarized (document) sang ila properties that are co-owned so that in case lang – you never know – its either magbulagay kamo or ma-una patay isa, then if my family members or next in kin ang napatay basi it will cause stress and problems.
While some sectors see the ruling as a potential stepping stone toward civil unions, Peñaflor acknowledged that broader recognition of same-sex partnerships remains uncertain in a predominantly Roman Catholic country.
“I think amo na ang kinahanglan i-panumdumon subong sang aton same-sex couples. The law is not in our favor but there are provisions that we can use like this,” she said./PN
