February 5, 2026 is now an important date for LGBTQ+ rights in the Philippines. In G.R. No. 267469 - Josef vs Ursua🔗, the Supreme Court affirmed the right of same-sex couples to co-own property they acquire during cohabitation as long as there is proof that both partners actually contributed. This also applies to joint bank deposits and other shared financial assets or credit.
The decision is based on a more inclusive reading of Article 148 of the Family Code. This law says that when two people live together but are not covered by the previous article (Article 147), the property they acquire together belongs to them in proportion to what each person contributed. If there is no proof showing otherwise, the law assumes their contributions are equal.
Article 147 specifically talks about a man and a woman who can legally marry each other but live together without getting married (or under a void marriage).
By interpreting Article 148 as gender-neutral, the Supreme Court made it clear that the law also applies to same-sex couples and other non-traditional relationships—not just heterosexual couples.
The case of Josef vs Ursua instantly reminded me of Braschi vs Stahl Associates Co.🔗 which I first read about in The Closet to the Courtroom by Carlos A. Ball🔗. The case, at the time, was considered revolutionary because it was the first case to legally recognize the validity of same-sex relationships in the United States of America. The court said the definition of "family members" should include adults in long-term financially and emotionally committed relationships.
In another case (G.R. No. 253940 - Dolera vs SSS🔗), the court described the relationship between Leonardo and Belinda, before their marriage, as that of a family unit, a union, and a common-law relationship with Articles 147 and 148 applying to such non-marital unions.
While the SC did not explicitly label the relationship between Josef and Ursua as a "family", given that the Court has previously characterized relationships governed by Articles 147 and 148 as family units... Yes, I do heartily believe our legal system has just, for the first time in Philippine legal history, recognized same-sex couples as constituting a family.
"Under Article 148 of the Family Code, the properties acquired during cohabitation can be considered the common property of petitioner and respondent if: (1) these were acquired during their cohabitation; and (2) there is evidence that the properties were acquired through their actual joint contribution of money, property, or industry. Such contributions and corresponding shares of the parties are prima facie presumed to be equal. However, for this presumption to arise, proof of actual contribution is required."
Jhosep Y. Lopez
Associate Justice
Wrote the Majority Opinion
"The first sentence of Article 148 is too general in its reference to "cohabitation not falling under" Article 147 such that it may be interpretated to encompass even cohabitations between homosexual couples. Given the prevailing values in modern society as well as the glaring yet unjustified difference in the treatment of heterosexual couples vis-a-vis their homosexual counterparts, I do not see any reason why the protection of Article 148 of the Family Code should not be extended to members of the LGBTQI+ community."
Amy C. Lazaro-Javier
Associate Justice
Wrote a Concurring Opinion
"...Article 148 of the Family Code... is also applicable to same-sex couples...
...the parties perceived in Article 148 is not qualified by any gender. As a result, Article 148 may also govern the property relations of same-sex couples who cohabitate...
To be different is not to be abnormal. A same-sex relationship is a normal relationship and therefore should be covered by Article 148 of the Family Code. Otherwise, we render legally invisible some forms of legitimate intimate relationships.Â
In interpreting our laws, we should be mindful of the reality that our freedoms should be individually and socially meaningful. This case serves as an instance wherein we can use the law to protect people who are not entirely within its fringes."
Marvic M.V.F. Leonen
Senior Associate Justice
Wrote a Concurring Opinion