The Supreme Court has ruled that same-sex couples can co-own properties under Article 148 of the Family Code, provided there is proof of contribution. This stems from the Josef v. Ursua case involving a house and lot dispute. The decision offers legal recognition to aspects of their relationships.
On February 11, 2026, the Supreme Court issued a decision in the Josef v. Ursua case, clarifying that same-sex couples can be recognized as co-owners of properties acquired during their cohabitation if there is evidence of joint contributions. Jennifer Josef filed a petition against her former partner Evalyn Ursua over a dispute involving the sale of a house and lot registered solely in Ursua's name. Initially, they agreed to sell the property and split the proceeds equally, but Ursua later refused to acknowledge Josef's co-ownership. The Regional Trial Court in Quezon City Branch 87 and the Court of Appeals denied Josef's petition, prompting her to elevate the case to the Supreme Court. Associate Justice Jhosep Lopez penned the ruling, supported by concurring opinions from Senior Associate Justice Marvic Leonen and Associate Justice Amy Lazaro-Javier. Article 147 of the Family Code applies to unmarried man-woman relationships, while Article 148 covers other cohabitations, including same-sex ones. Leonen stated, 'To be different is not to be abnormal. A same-sex relationship is a normal relationship and therefore should be covered by Article 148.' Lazaro-Javier supported extending protections to the LGBTQI+ community. Family law professor Flordeliza Vargas noted, 'It can affect other aspects of same-sex relationship because there is now a recognition under the law of their status as a relationship that our laws need to recognize and protect.' The decision remanded the case to Quezon City RTC for further proceedings. Although same-sex unions remain unrecognized in the Philippines, this ruling marks a significant step for LGBTQ+ rights, according to experts. Bahaghari chairperson Reyna Valmores Salinas welcomed it and called for marriage equality. The Philippine LGBT Chamber of Commerce urged passage of the Equality Bill and other measures.
