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Statement of the Commission on Human Rights on the Supreme Court’s recognition of co-ownership in same-sex cohabitation

The Commission on Human Rights (CHR), as the country’s independent national human rights institution and Gender and Development Ombud, welcomes the recent Supreme Court decision recognizing co-ownership of property in same-sex cohabitation and affirms that while this development strengthens the visibility of LGBTQIA relationships, fuller legal protection remains necessary to achieve substantive equality.

This decision affirms that diverse forms of intimate relationships exist and cannot be rendered legally invisible. By recognizing that same-sex partners may be considered co-owners under Article 148 of the Family Code, the Court acknowledges lived realities often disregarded in formal legal discourse and moves away from treating same-sex partners as legal strangers.

The ruling aligns with constitutional guarantees of equal protection and the Philippines’ obligations under international human rights law. Recognizing property relations affirms the dignity, agency, and family life of LGBTQIA individuals and upholds the State’s duty to prevent discrimination and recognize the equal dignity of all, regardless of SOGIE.

CHR calls for sustained legislative and policy action to close the remaining protection gaps. Moving from visibility to full equality requires comprehensive reform grounded in the Constitution’s promise of equal protection of the laws.

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