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Monday, May 6, 2024

HB seeks to amend Family Code for cohabiting gender-fluid couples

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House Assistant Majority Leader Margarita Nograles has filed a bill that seeks to amend the Family Code to include cohabiting gender-fluid couples in the administration of property ownership.

In seeking to amend Article 148 of the Family Code of the Philippines through House Bill 9502, Nograles, a nominee of Puwersa ng Bayaning Atleta (PBA) party-list group, aims to set the parameters for property ownership of unmarried but cohabiting couples, regardless of their gender.

Under the proposed amendment, all couples covered by this provision, regardless of gender, will be granted limited co-ownership over their shared properties, addressing a crucial gap in the current legal landscape.

Nograles noted existing jurisprudence has inadvertently excluded gender-fluid couples from the protection provided by this provision—a gap that her bill aims to bridge.

Furthermore, the bill provides that only properties acquired through the joint contributions of money, property, or industry by both partners during cohabitation will be owned in common, reflecting their respective contributions.

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“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 evidence of credit,” the bill states.

“While it may take more time for the Philippines to fully accept unions of all couples regardless of gender, this bill is a crucial step in ensuring that vulnerable individuals are protected from economic exploitations within their relationships,” said Nograles.

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