Iloilo Provincial Legal Office

The (SC) has ruled that same-sex couples who live together may be recognized as co-owners of property under Article 148 of the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦, provided there is proof of actual contribution.

In a Decision written by Associate Justice Jhosep Y. Lopez, the SC’s Second Division granted a woman’s complaint for partition of property and recognized her as a co-owner of the house and lot she shared with her same-sex partner.

Article 148 of the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦 governs the property relations of couples who are living together but cannot legally marry, acknowledging co-ownership based on their actual contributions.

The two women lived together as a couple. A year into their relationship, they purchased a house and lot, and agreed to register the property in one partner’s name to facilitate banking transactions.

Upon separation, they agreed to sell the property and divide the proceeds equally. One partner signed an 𝘈𝘤𝘬𝘯𝘰𝘸𝘭𝘦𝘥𝘨𝘮𝘦𝘯𝘵 stating that the other had paid about 50% of the purchase and renovation costs.

However, she later refused to sell the property and denied that her former partner was a co-owner.

To protect her interest, the former partner annotated an adverse claim on the title and demanded partition of the property. When this failed, she filed a case for partition of real estate and damages, relying on the 𝘈𝘤𝘬𝘯𝘰𝘸𝘭𝘦𝘥𝘨𝘮𝘦𝘯𝘵 as proof of co-ownership.

The SC granted the complaint for partition of real estate, as it clarified the provisions in the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦 governing the property relations of unmarried couples living together.

Article 147 applies to unmarried couples who may legally marry. Property acquired during their cohabitation is presumed jointly owned.

Article 148, on the other hand, applies to couples who are not permitted to marry. Only properties obtained through actual contribution are considered common property.

Since the 𝘍𝘢𝘮𝘪𝘭𝘺 𝘊𝘰𝘥𝘦 only allows marriage between a man and a woman, the SC held that same-sex couples necessarily fall under Article 148.

Here, the SC found that the signed 𝘈𝘤𝘬𝘯𝘰𝘸𝘭𝘦𝘥𝘨𝘮𝘦𝘯𝘵, where one partner admitted that the other paid about half of the property costs, was a binding admission and sufficient proof of actual contribution. This established co-ownership.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=160462.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=160431.

Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=160444.

Read the Concurrence of Associate Justice Amy C. Lazaro-Javier at https://sc.judiciary.gov.ph/?p=160439.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

𝐖𝐎𝐑𝐊 𝐒𝐔𝐒𝐏𝐄𝐍𝐒𝐈𝐎𝐍 𝐀𝐃𝐕𝐈𝐒𝐎𝐑𝐘

In order to allow our employees to fully support, take part and enjoy the celebration of 2026 Kasadyahan sa Kabanwahanan and the Dinagyang Festival events this weekend, work at the Iloilo Provincial Government Capitol-based offices and the Iloilo Sports Development and Management Office is hereby 𝐒𝐔𝐒𝐏𝐄𝐍𝐃𝐄𝐃 on Friday, 𝐉𝐚𝐧𝐮𝐚𝐫𝐲, 𝟐𝟑, 𝟐𝟎𝟐𝟔 and Monday, 𝐉𝐚𝐧𝐮𝐚𝐫𝐲, 𝟐𝟔, 𝟐𝟎𝟐𝟔.

All concerned IPG personnel are expected to extend support and promote the events for the successful holding of the annual Kasadyahan sa Kabanwahanan, that is our cultural window to showcase the Fun, Foodie, and Friendly Iloilo.

For your information and guidance.

"The issue of the grant of retirement benefit is not an issue of generosity and greed... Employers should be reminded to take the issue of retirement with careful consideration. Retirement is a right and not a privilege; neither is it considered a 'dole out,'" the Supreme Court said.

"RETIREMENT BENEFIT IS A RIGHT AND NOT A PRIVILEGE OR A DOLE OUT"— SUPREME COURT

The Supreme Court (SC) has affirmed the Court of Appeals (CA) decision granting retirement pay worth about P680,112 to a part-time employee with fixed-term employment, emphasizing that all employees in the private sector, regardless of their status, are entitled to retirement pay.

In a 13-page ruling authored by Associate Justice Ramon Paul Hernando, the SC's First Division denied the appeal of International School Manila (ISM) questioning the grant of retirement pay to its former employee Ireland Carreon Cabrido.

ISM employed Cabrido as an Afternoon Activity (AFAC) and Athletic Activity (ATAC) coach from August 14, 1995, to May 29, 2020. During the pandemic lockdown, Cabrido still received a salary from March 2020 to May 2020.

In July 2020, ISM offered an early retirement package for those who (1) were at least 50 years old and (2) had worked for at least 5 years as of January 31, 2021. Cabrido expressed his intent to avail of the offer.

When Cabrido received ISM's computation, he questioned why his retirement pay was fixed at PHP 298,196. He asserted that based on his 25 years of service, the computation should have been PHP 680,112. ISM denied Cabrido's request, paving the way for him to file a labor complaint before the labor arbiter.

The labor arbiter dismissed his complaints, noting that he is a part-time employee who has a fixed-term employment status. It added that at the time Cabrido availed early retirement, he was only 50 years old, way below the 60-year-old requirement to avail retirement pay under Republic Act No. 7641.

The said decision was affirmed by the National Labor Relations Commission (NLRC), prompting him to elevate the case before the Court of Appeals (CA).

In reversing the said ruling, the CA ruled that Cabrido is entitled to Option A of ISM's Retirement Plan because he falls under said category. It noted that Cabrido is at least 50 years of age and has completed 10 years of service, which perfectly suits the said retirement option.

The Supreme Court agreed with the Court of Appeals, citing the United Nations Human Rights Office of the High Commissioner's statement that the right to social security is of central importance in guaranteeing human dignity for all persons when they are faced with circumstances that deprive them of their capacity to fully realize their human rights.

It emphasized that ISM cannot renege on its obligation and refuse to grant Cabrido his retirement pay under the pretense that it was doling out financial aid. Its claim that Cabrido, being only 50 years old, is not entitled to retirement pay under the Labor Code, which requires that the employee be at least 60 years old, is nothing but misleading and fraudulent representation.

The highest bench underscored that the grant of retirement benefits is not an issue of generosity or greed of the employer.

"The issue of the grant of retirement benefit is not an issue of generosity and greed... Employers should be reminded to take the issue of retirement with careful consideration. Retirement is a right and not a privilege; neither is it considered a 'dole out,'" the Supreme Court said.

Wishing everyone a Merry Christmas and a Happy New Year!

Happy Birthday Gov. Toto Defensor !

Happy Birthday Atty. Dennis Ventilacion !

Congratulations Governor Athur Toto Defensor , Jr.!

𝐃𝐄𝐅𝐄𝐍𝐒𝐎𝐑 𝐄𝐋𝐄𝐂𝐓𝐄𝐃 𝐀𝐒 𝐆𝐎𝐕𝐄𝐑𝐍𝐎𝐑𝐒’ 𝐋𝐄𝐀𝐆𝐔𝐄’𝐒 𝐒𝐄𝐍𝐈𝐎𝐑 𝐕𝐈𝐂𝐄 𝐏𝐑𝐄𝐒𝐈𝐃𝐄𝐍𝐓 𝐅𝐎𝐑 𝐕𝐈𝐒𝐀𝐘𝐀𝐒

Congratulations to Gov. Toto Defensor for having been elected as SENIOR VICE PRESIDENT FOR VISAYAS and REGIONAL CHAIRPERSON FOR REGION VI by the League of Provinces of the Philippines.

Defensor joined his fellow governors during the League’s 1st General Assembly and Election of Officers today, July 25, 2025, at Crown Plaza Manila Galleria, Ortigas Avenue, Quezon City.

📢 𝗖𝗦𝗖 𝗿𝗲𝗹𝗲𝗮𝘀𝗲𝘀 𝘁𝗵𝗲 𝟮𝟬𝟮𝟱 𝗥𝘂𝗹𝗲𝘀 𝗼𝗻 𝗔𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝘃𝗲 𝗖𝗮𝘀𝗲𝘀 𝗶𝗻 𝘁𝗵𝗲 𝗖𝗶𝘃𝗶𝗹 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 (𝗥𝗔𝗖𝗖𝗦)!

The updated RACCS reflects key laws, Supreme Court rulings, and evolving governance practices streamlines how disciplinary and non-disciplinary cases are handled in government.

Chairperson Atty. Marilyn B. Yap, DPA led the Commission to act swiftly in completing the RACCS and ensuring its swift release to strengthen capabilities at resolving disciplinary cases. This revised framework promotes accountability, transparency, and efficiency in the civil service.

Key features include:
⚖️ Integration of RA No. 11032 and RA No. 9285
👩‍⚖️ Virtual and clarificatory hearings
📄 Electronic filing
💼 Revised rules on dishonesty and sexual harassment cases

📖 Read the full news release here: https://csc.gov.ph/csc-revises-rules-on-administrative-cases-in-the-civil-service

Congratulations, Atty. Dennis T. Ventilacion,on your confirmation as Provincial Legal Officer of the Province of Iloilo!

Congratulations to the new set of SP members in the Province of Iloilo