Affidavit of Cohabitation for LGBT Partners in the Philippines A comprehensive guide with a ready-to-adapt template

1. Overview

An Affidavit of Cohabitation (sometimes called an Affidavit of Domestic Partnership or Common-Law Union) is a sworn statement, notarized before a Philippine notary public, declaring that two people live together as a couple in a shared household. Because the Philippines does not yet recognize same-sex marriage or civil unions, LGBT partners frequently rely on this affidavit to access limited benefits and to document the existence of their relationship for private or governmental transactions.

Typical uses include

Purpose	Examples of offices/agencies that may ask for it	Notes
Employee or private-insurance benefits	Company HR, HMO providers	HR may still impose additional proof (e.g., joint bills).
Government benefits	PhilHealth “dependent” enrollment under “other relationships,” SSS funeral benefit claims, Pag-IBIG provident claims, GSIS survivorship (case-to-case)	Acceptance is discretionary; some offices still reject same-sex partners.
Immigration support	Bureau of Immigration waiver letters for foreign partner’s stay; DFA passport application for minor child born to one partner	Usually paired with other evidence (utility bills, barangay cert.).
Hospital / medical consent	Private hospitals for next-of-kin decisions	Not all hospitals honor it; check their policies.
Banking & property	Opening joint accounts, adding an emergency contact to deeds of assignment	Banks often add their own forms.

2. Legal Context & Limitations

No statutory civil union: There is no Philippine law recognizing same-sex marriage or registered partnerships. The 1987 Constitution leaves family-law matters to Congress; bills such as the SOGIE Equality Bill and Civil Partnership Bill remain pending.
Civil Code Articles 147–148 do not apply: These provisions on “unions of a man and a woman” living together are gender-specific. Same-sex couples must invoke:
- Co-ownership rules (Art. 485 et seq., Civil Code): Each partner owns in proportion to contribution, or equally in doubt.
- Contracts: A simple co-ownership agreement or “Kasunduan ng Paghahati” strengthens property claims.
Succession: An affidavit does not confer legitime or intestate rights. Partners must execute wills, TOD deeds, or insurance nominations.
Adoption: Philippine law still requires joint adoption by married couples only. An LGBT partner may adopt as a sole parent; second-parent adoption is not available.
Evidentiary value: Being a sworn statement, an affidavit enjoys the presumption of regularity but can be contested. Attach corroborating evidence whenever possible.

3. Drafting Requirements

Element	Best practice
Caption	“Republic of the Philippines” + city/municipality where notarized.
Parties	Full names, ages, citizenships, civil status (“single”), residence addresses, and valid ID numbers.
Affirmative statements	1) Cohabitation start date; 2) continuous residence at specific address; 3) nature of relationship (e.g., “as loving partners in a committed domestic partnership”); 4) purpose of executing the affidavit.
Optional clauses	• Commitment to mutual support • Declaration of joint children (if any) • Property-sharing agreement reference
Signature block	Spaces for both partners + two disinterested witnesses.
Notarial acknowledgment	Use the 2020 Revised Rules on Notarial Practice format (names, ID types & numbers, competent evidence of identity, page count).
Attachments	Photocopies of IDs, lease contract or deed of sale, utility bills, barangay residency cert., pictures, joint bank certificates.
Stamp tax	₱30 documentary stamp affixed and canceled.

4. Step-by-Step Execution

Draft the affidavit (see template below).
Print on bond paper; leave the jurat (notarial box) blank.
Appear together before a duly commissioned notary public in the city/municipality of residence or workplace.
Present government-issued IDs; sign the affidavit in the notary’s presence.
Pay notarial fee (₱200–₱500 typical) + ₱30 documentary stamp.
Receive notarized copy stamped and recorded with a notarial register entry number.

Validity: until the facts change (e.g., separation, move of address) or an agency requires an updated date. When circumstances change, execute a new affidavit or an Affidavit of Cessation of Cohabitation.

5. Template

(Adapt the text in brackets; keep wording as close as possible to reduce notary edits.)

REPUBLIC OF THE PHILIPPINES            )
[City/Municipality]                    )  S.S.

                      AFFIDAVIT OF COHABITATION
              (for Same-Sex / LGBT Domestic Partners)

We, [NAME OF FIRST PARTNER], Filipino, [age] years old, single, and a resident
of [complete address], holder of [ID type & no.]; and

[NAME OF SECOND PARTNER], Filipino, [age] years old, single, and a resident
of [complete address], holder of [ID type & no.];

after having been duly sworn in accordance with law, depose and say:

1.  That we are both of legal age, competent to testify on the facts herein;
2.  That we have been in a loving, committed same-sex relationship since
    ___[date]___ and have been **cohabiting as domestic partners** under
    one roof at ___[current address]___ since ___[date]___;
3.  That we share household expenses and responsibilities, present ourselves
    to family and friends as partners, and intend to continue living together
    indefinitely;
4.  That we are executing this Affidavit to attest to the truth of the
    foregoing and to comply with the requirements of ___[agency/company/
    purpose, e.g., PhilHealth dependency enrollment]___, and for all legal
    intents and purposes it may serve.

IN WITNESS WHEREOF, we have hereunto set our hands this ___ day of
________ 20___ in the City/Municipality of ____________, Philippines.

        _______________________________        _____________________________
        [Name of First Partner]                [Name of Second Partner]
        Affiant                                Affiant

Signed in the presence of:

_____________________________          _____________________________
[Witness 1 Name & Signature]           [Witness 2 Name & Signature]

ACKNOWLEDGMENT

SUBSCRIBED AND SWORN to before me this ___ day of ________ 20___ at
__________, Philippines. Affiants exhibited to me their valid IDs as
competent evidence of identity in accordance with Sec. 12, Rule II of
the 2020 Rules on Notarial Practice.

Doc. No. ____;  
Page No. ____;  
Book No. ____;  
Series of 20___.

(Attach photocopies of IDs and any supporting documents.)

6. Practical Tips & Best Practices

Combine with a Co-Ownership Agreement if you are buying property or large assets together.
Prepare a Special Power of Attorney so each partner can transact or give medical consent on the other’s behalf.
Execute Wills to avoid disputes, because intestate succession favors blood relatives.
Keep originals in a fire-safe box and multiple certified true copies for agencies.
Update regularly (e.g., every two years) so the date appears current to skeptical clerks.
Respect privacy: Notaries require personal appearance; avoid unlicensed online “e-notary” services.

7. Frequently Asked Questions

Question	Short Answer
Does this make us “common-law spouses”?	Philippine law defines common-law spouses as a man and a woman. The affidavit only evidences cohabitation; it does not create spousal status.
Can we adopt jointly with this affidavit?	No. Adoption by couples is limited to married spouses. One partner may adopt as a solo parent.
Will a bank accept this for survivorship on a joint account?	Many do, provided the account opening forms name both of you and the affidavit is on file. Check each bank’s policy.
Can we register with the civil registrar?	Not yet. Civil registrars only record marriages recognized by law.
How long is it valid?	Indefinite, but most agencies accept affidavits dated within the last 6–12 months.

8. Disclaimer

This article is for general informational purposes. It is not a substitute for personalized legal advice. Laws and administrative practices may change, and acceptance of affidavits varies by office. Consult a Philippine lawyer for specific concerns.

With this template and guidance, LGBT partners in the Philippines can confidently produce a notarized Affidavit of Cohabitation whenever documentation of their domestic partnership is required.