At A Glance
- 4Ps Party-list Rep. JC Abalos has filed a bill in the 20th Congress that would help unmarried couples--including same-sex couples--secure their rightful share of properties in circumstances that require such legal justification.
(Unsplash)
4Ps Party-list Rep. JC Abalos has filed a bill in the 20th Congress that would help unmarried couples--including same-sex couples--secure their rightful share of properties in circumstances that require such legal justification.
This, as Abalos welcomed the decision of the Supreme Court (SC) to recognize co-ownership of property in same-sex relationships.
Abalos was referring to a recent statement from the Office of the Spokesperson of the Supreme Court (SC), which highlighted the decision of its 2nd division on shared-property rights.
The said decision clarified that the Article 148 of the Family Code will apply to all partners regardless of gender. The particular provision governs property relations between two individuals living together without the benefit of marriage due to one or several legal impediments.
In relation to this, Abalos filed House Bill (HB) No. 7779 or The Shared-Property Rights Protection Act, which sought to strengthen Article 148 of the Family Code. It aims to ensure that property rights for cohabiting partners are protected regardless of gender or the nature of their contribution.
The proposed statute has the following notable features:
- Inclusive scope: Formally aligns the law with modern jurisprudence by clarifying that protections extend to all cohabiting partners, emphasizing legal capacity over gender identity;
- Modernizing the term "contribution": Provides a comprehensive definition of contribution that includes non-financial efforts and mutual support;
- Rebuttable presumptions: Establishes legal presumptions for shared property acquisition in long-term cohabitation to ease the evidentiary burden on claimants;
- Contemporary proof: Recognizes evolving social and financial realities by allowing modern forms of evidence to prove shared ownership.
“This proposed measure does not necessarily alter existing marriage laws, but rather ensures that property rights arising from shared effort and mutual support receive clear statutory protection in line with upholding the principles of justice and equity," Abalos said.
He further said that his measure was meant to address the varying interpretations and legal challenges by providing a legal framework for all couples unmarried under existing laws.