Philippine Lawmaker Proposes Inclusion of Gender-Fluid Couples in Family Code

Manila, Philippines – Representative Margarita ‘Migs’ Nograles has introduced a bill in the House of Representatives to amend the Family Code of the Philippines, seeking legal recognition and protection for cohabiting gender-fluid couples.

According to Philippines News Agency, House Bill 9502, filed on November 8, proposes to modify Article 148 of the Family Code to establish property ownership guidelines for unmarried but cohabiting couples, regardless of their genders. Nograles, also a lawyer, observed that current jurisprudence overlooks gender-fluid couples, leaving a significant legal gap that her bill aims to address. The amendment would grant limited co-ownership over properties acquired jointly during cohabitation. Properties obtained through the partners’ combined monetary, property, or industry contributions would be owned in common, reflecting their respective inputs. The bill assumes equal contributions and corresponding shares unless proven otherwise, with the same presumption applying to joint monetary deposits and credit. The proposed legislation considers the evolving dynamics of relationships in society, intending to protect individuals from economic exploitation in their relationships. In cases involving one partner validly married to another person, their share in the co-ownership would belong to the existing marital community. If a partner acts in bad faith without being validly married, their share will be forfeited. Forfeiture also applies if both parties act in bad faith. Nograles emphasized the bill’s importance in recognizing contemporary relationship dynamics and ensuring legal protection for all couples, thereby fulfilling the State’s obligation to uphold individual dignity and human rights.