Bill filed for inclusivity in property ownership for ‘gender-fluid’ couples
INQUIRER FILE PHOTO
MANILA, Philippines — A bill seeking to include cohabiting gender-fluid couples in the administration of property ownership was filed by House Assistant Majority Leader and Puwersa ng Bayaning Atleta Rep. Migs Nograles.
House Bill No. 9502, which was filed on Nov.8, seeks to amend Article 148 of the Family Code of the Philippines, which states the following:
“In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions.
In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.”
Under the bill filed by Nograles, the clause “regardless of the gender of the couple” was added to the article.
Article continues after this advertisement“While it may still take more time for the Philippines to fully accept unions of all couples regardless of gender, this bill is something we should not deny those who are vulnerable from economic exploitations of their partners,” Nograles said in the bill’s explanatory note.
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“By passing this bill, we are giving all couples the protection which the State mandates. Thus, the passage of this bill is earnestly sought,” she added.
According to the Representative, existing jurisprudence has inadvertently excluded gender-fluid couples from the protection provided by the provision, so the bill aimed to fill that gap.
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With the proposed amendments, Nograles said couples covered by the provision will be granted a limited co-ownership over all the properties they may have.
“This bill is a step towards inclusivity and fairness. It acknowledges the diversity of relationships and strives to provide a legal framework that is reflective of our evolving understanding of partnerships,” Nograles said in a statement.
She added that the passage of the bill would be a significant stride towards a legal landscape that reflects the diversity of modern relationships.
“The passage of House Bill No. 9502 is an earnest endeavor to provide equal legal protection to all couples, contributing to the fulfillment of the State’s mandate to safeguard the dignity and human rights of every individual,” the Representative concluded.
