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Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOUSE BILL NO.
Introduced by: Hon. Margarita Ignacia 8. Nograles
Explanatory Note
Section 11, Article 11 of our 1987 Philippine Constitution provides:
``The State values the dignity of every human person and
guarantees full respect for human rights."
Regardless of one's gender identity, the State is mandated to protect their dignity
and ensure that that their human rights will be upheld.  Part of our set of human rights is
the freedom to choose who we will associate with or who we form intimate relationship
with.1 Regardless of a person's religious beliefs, political inclination, or even gender, the
state can never interfere over who a person will choose as a partner.2
While the Philippines is yet to recognize the union between same-sex couples, we
have to yield to the reality that there are already gender-fluid couples existing in our
country today. They are valuable members of our society that deserves to be protected by
the State.
Art. 148 of the Family Code governs the property regime of cohabitating couples
butarenotlegallycapacitatedtomarryeachother.Asofnow,aplethoraofjurisprudence
impliedly excludes gender-fluid couples from the coverage of this provision. This bill
I Guevarra vs Banach, G.R. No. 214016. November 24, 2021.
2 Separate opinion of J. Leonen, Versoza vs People, G.R. No.184535, September 03, 2019.


seeks to have a more inclusive law by providing all couples, regardless of gender, a law
that will govern their property regime. Under this amended Art. 148 of the Family Code,
the couples covered by this provision will be granted a limited co-ownership over all
properties they may have.
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. By passing this bill, we  are
giving all couples the protection which the State mandates. Thus, the passage of this bill
is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOUsEB|LLNo.9502
Introduced by: Hon. Margarita lgnacia 8. Nograles
AN ACT
RECOGNIZING THE PROPERTY RELATIONS BETWEEN GENDER-FLUID
COUPLES WHO ARE COHABITATING, AMENDING FOR THE PURPOSE
ARTICLE 148 0F EXECUTIVE ORDER NO. 209, S. 1987, OTHERWISE KNOWN AS
``THE FAMILY CODE 0F THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled :
Section 1. Article 148 of Executive Order No. 209, S. 1987 is hereby amended to read as
follows:
Art. 148. In cases of cohabitation, regardless of the gender of the couple, 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. h 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.
If one of the parties is validly married to another, his or her share in the co-
ownership shall accrue to the absolute community or conjugal partnership
existinginsuchvalidmarriage.Ifthepartywhoactedinbadfaithisnotvalidly


married to another, his or her shall be forfeited in the manner provided in the
last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are
in bad faith. (144a)
Section  2.  Separability  Clause.  -  If  any  portion  or  provision  of  this  Act  is  held
unconstitutional  o  or invalid,  the  other  sections  or provisions hereof which  are  not
affected thereby shall continue to be in full force or effect.
Section 3. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts
thereof which are inconsistent with or contrary to the provisions of this Act are hereby
repealed, amended or modified accordingly.
Section 4. Effectivity. -This Act shall take effect fifteen (15) days after its publication in
at least two (2) national newspapers of general circulation or in the Official Gazette.
Approved,