This article is for general information only and does not constitute legal advice. Laws and administrative rules change; consult a Philippine lawyer or the relevant government office for updated guidance.

1. Background: Why Same-Sex Couples Seek “Certificates of Cohabitation”

Because the Philippines does not yet recognize same-sex marriage or civil unions at the national level, LGBTQ+ partners rely on alternative documents to prove that their relationship exists when:

Purpose	Typical Requesting Entity	Why Proof Is Needed
Adding a partner as dependent for HMO, life insurance, or company benefits	Private employers, insurers	Internal HR policies often allow “qualified domestic partners.”
Immigration benefits (e.g., foreign partner’s long-stay visa in another country)	Foreign embassies and consulates	Proof of genuine relationship in lieu of a marriage certificate.
Medical consent and hospital visitation	Hospitals	To show “next of kin” status when legal priority is unclear.
Housing loans or bank products taken jointly	Banks, Pag-IBIG Fund	Lenders want evidence of shared household and pooled income.
Estate planning, survivorship claims, or SSS/GSIS funeral benefits	Courts, government pension funds	To justify standing as an “heir by co-ownership” or lawful claimant.

A Certificate (or Affidavit) of Cohabitation is the most common workaround.

2. Legal Foundations and Limits

2.1 Absence of Statutory Recognition

Family Code (Articles 147-148) recognizes property and support rights only for “a man and a woman who are capacitated to marry each other but live together as husband and wife without the benefit of marriage.” The gendered wording leaves same-sex couples outside its scope.
Same-sex marriage litigation. The 2019 Falcis v. Civil Registrar-General petition asked the Supreme Court to strike down the same-sex marriage ban. It was dismissed on procedural grounds (lack of standing and prematurity). The merits were not resolved, leaving the statutory prohibition intact.
Pending Bills. Since 2000 several “Civil Partnership” and “SOGIE Equality” bills have been filed in Congress (e.g., H.B. 1015 in the 19th Congress). None have yet passed both Houses.

Result: any certificate of cohabitation has contractual or evidentiary value only. It does not create a legal status equivalent to marriage or confer automatic rights under national law.

2.2 Sources of Authority to Issue

Notarial Practice Act (R.A. 9349 & 2004 Rules on Notarial Practice).
- A Joint Affidavit of Cohabitation is executed under oath before a notary public.
- Contents: names, dates of birth, period of continuous cohabitation, shared residence address, statement that they are “mutually committed as life partners,” plus documentary IDs.
Barangay Certification.
- A barangay captain may issue a Barangay Certification of Live-in/ Cohabitation stating that “Juan Dela Cruz and Pedro Santos have resided at [address] as partners since ___.”
- Basis: Local Government Code (R.A. 7160) authorizes barangays to issue certificates regarding residency and community circumstances.
- Purely declaratory; acceptance varies by agency.
Local Government Domestic Partnership Registries.
- Quezon City (2012 Gender-Fair Ordinance) and Baguio City (Ordinance 13-2022) maintain registries issuing Pink Family Cards or Partnership Certificates.
- Benefits are limited to LGU-controlled programs (health centers, scholarship priority, disaster relief).
Employer-Based Policies.
- Multinational companies (e.g., BPOs) often require an affidavit plus evidence of shared bills or a barangay certificate before extending partner benefits.

3. Drafting an Effective Affidavit of Cohabitation

Essential Clauses

Introduction. Full legal names, citizenship, civil status (usually “single”), and addresses.
Statement of Cohabitation. Start date, continuity (“without voluntary interruption”), intent to live as life partners.
Shared Responsibilities. Joint finances, mutual support, domestic duties.
No Existing Marriage. Affirmation that neither is legally married (or, if previously married, that bonds were dissolved).
Purpose Clause. E.g., “This affidavit is executed for submission to __ to prove our relationship for the purpose of __.”
Attachments. Government IDs, proof of residence (lease, utility bill), photos together, joint bank statement.
Oath and Notarial Acknowledgment.

Tip: Use gender-neutral language (“partners,” “co-declarants”) to avoid unnecessary scrutiny.

4. Typical Requirements and Procedure

Step	Barangay Certificate	Notarized Affidavit
1. Personal appearance	Both partners appear before barangay secretary	Both partners appear before notary
2. IDs	Barangay IDs or any gov’t ID showing address	Valid gov’t IDs
3. Proof of co-residence	Lease contract, utility bill, or testimony of two barangay “purok” leaders	Same set, optional but persuasive
4. Fee	₱50 – ₱100 (varies)	Notarial fee ₱300 – ₱600
5. Release time	Same day	Immediately

5. Uses and Limitations in Specific Contexts

5.1 Government Agencies

Agency	Policy on Same-Sex Partners	Will it accept a Certificate of Cohabitation?
SSS	Spouse benefits limited to legal spouses under R.A. 8282. Other benefits (funeral, death) may be claimed by “legal heirs” or “any person who has incurred the burial expenses.”	Usually no for spouse pensions; may be accepted as supplementary proof for funeral claims.
PhilHealth	Circular 2017-0024 allows “common-law partner” enrollment, without specifying gender. Some branches accept same-sex affidavits; others require supervisor approval.	Often yes, subject to discretion.
GSIS	Like SSS, spouse benefits tied to lawful marriage.	Typically no.
BIR	No joint filing or dependency exemption for partners. Affidavits irrelevant.	No.
Pag-IBIG Fund	Housing loans can be taken jointly by “related individuals.” Co-ownership agreement and affidavit usually required; gender is not specified.	Yes for joint loans and MPL guaranty.

5.2 Courts and Property Disputes

Without an enabling statute, courts treat same-sex partners as co-owners under Articles 487 & 491 of the Civil Code: each owns in proportion to actual contribution, rebuttable by contrary proof (affidavit is persuasive but not conclusive). Succession follows intestate rules; surviving partner is not an heir unless named in a will. Drafting a notarial will plus a cohabitation affidavit strengthens the testamentary intent.

5.3 Private Sector Recognition

Many Philippine banks and insurers have Diversity, Equity & Inclusion (DEI) policies that accept affidavits for:

Group HMOs (e.g., Maxicare, Intellicare). Partners count as “qualified dependents” once HR endorses.
Housing Developers. Some require both partners on the Contract-to-Sell plus affidavit.
Life Insurance Beneficiary Designation. Insurers allow any person to be named; affidavit is extra proof in contested claims.

6. Local Government Innovations

Quezon City
- Gender-Fair Ordinance (Ord. 2357-2012) recognizes all family structures; City Hall issues Partnership Certificate with photo ID.
- Grants: priority in city employment, health services, disaster relief goods.
Baguio City
- Gender-Fair Ordinance (Ord. 13-2022) creates a registry for LGBTQ+ couples.
- Partners receive a Certificate of Domestic Partnership usable with city-run programs.
Mandaluyong & Davao City consider similar registries (pending as of Aug 2025).

7. Comparative Note: Foreign Acceptance

Canadian Inland Partner Sponsorship and Australian De-Facto Visas list notarized affidavits of cohabitation among acceptable proofs.
Affidavit should be apostilled by the Department of Foreign Affairs (DFA) in Manila for validity abroad.
Embassies often ask for joint financial evidence in addition to the affidavit.

8. Draft Template (Excerpt)

JOINT AFFIDAVIT OF COHABITATION We, Juan Dela Cruz and Pedro Santos, both Filipino citizens, of legal age, single, and residents of No. 123, Rainbow St., Barangay Mabuhay, Quezon City, after having been sworn in accordance with law, depose and state that:

We have lived together as committed life partners in the above address since 14 February 2016 and continue to do so without interruption.

We share household expenses, maintain a joint Metrobank savings account, and are jointly raising our adopted dog, “Muffin.”

Neither of us is legally married, nor related by blood within the fourth civil degree.

This affidavit is executed for presentation to Maxicare Healthcare Corp. and other concerned authorities to attest to the truth of our cohabitation. IN WITNESS WHEREOF … (signatures, jurat)

9. Practical Tips & Common Pitfalls

Do	Avoid
Attach at least two corroborating documents (lease + utility bill).	Stating an exact date you can’t later prove; use “on or about.”
Use consistent address in all supporting IDs.	Using employer’s template without checking if it mentions “husband and wife.”
Keep the original; submit only certified true copies.	Assuming all government branches apply the same policy—requirements differ.
Apostille the notarized affidavit if to be used abroad.	Relying on affidavit to claim SSS spouse pension—it will be denied.

10. The Road Ahead

Legislative Momentum. The House Committee on Human Rights approved a consolidated Civil Partnership Bill in March 2025; Senate deliberations are pending. If enacted, it would supplant the need for ad-hoc cohabitation certificates by creating a national registry.
Judicial Review. A new petition (Danton Remoto et al.) filed July 2025 challenges the Civil Code’s marriage definition on equal-protection grounds. The Supreme Court has ordered the Solicitor General to comment.
Corporate Policy Shift. By 2024 over 70 Philippine companies had adopted LGBTQ-inclusive benefit programs (UP Center for Women’s Studies survey). The affidavit remains the key documentary requirement.

11. Conclusion

A Certificate or Affidavit of Cohabitation functions as an evidence-builder—not a grant of marital status—for same-sex couples in the Philippines. Its effectiveness depends on the accepting agency’s internal rules and the supporting documents you pair with it. Until Congress enacts a civil partnership law or the courts extend marriage equality, LGBTQ+ partners will continue to rely on this flexible, if imperfect, legal instrument to secure everyday rights—from healthcare to housing and beyond.

Last updated: 7 August 2025 (Philippine Standard Time).