22/05/2026
On 18 March 2026, the UP Gender Law and Policy Program held a discussion entitled, “Josef v. Ursua: Implications on Family Relations and Property Rights” at the Malcolm Theater, Malcolm Hall, UP Diliman, Quezon City.
If you missed the event, stay tuned for the Proceeding Notes to be released on 28 May 2026; it will contain the summary and salient points discussed during the discussion. Before its release, here’s a primer on the case’s details and salient points.
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In the recently decided case of Josef v. Ursua[1], the protection for property rights available to individuals in a same-s*x relationship were highlighted. In this case, Josef and Ursua were in a same-s*x relationship. They lived together as a couple and jointly purchased a house & lot in Quezon while cohabiting.
Their relationship reached an end; they then agreed to sell the property. Ursua executed an Acknowledgment stating that Josef financed and paid half or fifty percent of the expenses in the acquisition and renovation of the subject property. However, Ursua changed her mind and refused to sell the property. Ursua also refused to recognize Josef as a co-owner of the subject property and to give Josef her share in the property. Ursua alleged that the signature on the Acknowledgment was forged, that Josef did not offer any proof of contribution. On the other hand, Josef demanded for the partition of the subject property. The lower courts ruled in favor of Ursua: aside from the Acknowledgment, Josef was not able to offer any other proof to establish co-ownership.
At the Supreme Court (SC) level, Josef argued that same-s*x couples should also be able to avail of the protection of the property rights under the Family Code (FC), specifically arts. 147 and 148. Notably, the SC expressly acknowledged and recognized this gender gap in the law. Specifically, it expressly recognized the “inherent and discriminatory favor towards heteros*xual couples” present in the framework of the Family Code. It emphasized that this discrimination “deprives petitioner [Josef] of her property rights and interests.”
In interpreting said articles, the SC ruled that the term “capacitated to marry each other" under Art. 147 pertains to the legal capacity of a party to contract marriage. Considering that the FC defines marriage to be a union between a man and a woman, the SC concluded that the Josef and Ursua are governed under Art. 148 for having no legal capacity to marry each other as they are of the same s*x during their cohabitation.
Under Art. 148, FC, properties acquired during cohabitation can be considered as the common property of a couple provided that there is proof of actual joint contribution of money, property, or industry. Moreover, it also provides for a presumption that both the contributions and shares are equal unless proven otherwise. Here, the Acknowledgement was appreciated as the requisite proof of contribution required to establish the co-ownership of Josef.
Atty. Virginia Viray, UP College of Law Senior Lecturer & UP GLPP Faculty Member, noted the significance of this recognition. Co-ownership under the law of contracts must be expressed clearly. Now, under the Family Code, it can be established by virtue of a relationship.[2] Prior to this ruling, there is no clear applicability of such protections under the Family Code for LGBTQ couples.
However, even the SC emphasized on the role of Congress in comprehensively addressing gender gaps in the law.
The Court stated that political departments, especially Congress, must be involved in the quest for solutions. While the GLPP lauds the relief now available to same-s*x couples, the Program is one with the Court in calling Congress to act and sufficiently address gender gaps in the law.
The case of Josef is one of the many lived realities of same-s*x couples that show the real consequences of the lack of legal recognition for same-s*x relationships. These couples are unable to access rights and protections related to property, healthcare, social security, and family life. Similar property regimes and protections arising from heteros*xual unions should be equally accessible to non-heteros*xual unions. This starts with the legal recognition of same-s*x unions. The Program reiterates its call for Congress to swiftly act on bills aimed to establish a legal framework for the property relations of same-s*x couples.
[1] G.R. No. 267469, February 5, 2025
[2] https://www.facebook.com/share/v/1CDp8R7rTc/