In the Philippines, the law does not formally recognize "common-law marriage" in the sense of a relationship automatically ripening into a valid marriage through the mere passage of time. However, the State acknowledges the reality of couples living together without the benefit of marriage and provides a specific legal framework to govern their property relations and protect the interests of the parties and their children.

The governing law is the Family Code of the Philippines (Executive Order No. 209), specifically Articles 147 and 148. These articles distinguish between two types of non-marital unions based on the legal capacity of the parties to marry.

1. Unions Between Parties with Capacity to Marry (Article 147)

Article 147 applies when a man and a woman, who are both capacity-wise eligible to marry each other (i.e., no legal impediments like an existing marriage or close blood relation), live exclusively with each other as husband and wife without the benefit of marriage.

Property Ownership and Presumptions

Under this article, the property regime is one of co-ownership. The following rules apply:

Wages and Salaries: All wages and salaries earned by either party during the cohabitation are owned by them in equal shares.
Properties Acquired through Industry: Properties acquired by either or both through their work or industry are governed by the rules on co-ownership.
The Presumption of Equal Contribution: There is a legal presumption that properties acquired during the union were obtained through their joint efforts, efforts, and means, and are owned by them in equal shares.
Care and Maintenance as Contribution: A unique feature of Article 147 is that if one party did not physically contribute financially to the acquisition of a property but looked after the family and the household, that party is deemed to have contributed to the acquisition.

Disposal of Property

Neither party can sell, dispose of, or encumber any shared property acquired during the cohabitation without the consent of the other until the union is terminated.

2. Unions with Legal Impediments (Article 148)

Article 148 applies to "unions without marriage" where the parties are not capacity-wise eligible to marry. This includes:

Adulterous or bigamous relationships (where one or both are already married).
Incestuous relationships.
Couples who are not living exclusively with each other.

Limited Co-ownership

Unlike Article 147, there is no presumption of equal sharing under Article 148. The rules are much stricter:

Actual Contribution Only: Only 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.
Exclusion of Household Work: In these unions, the "care and maintenance of the family" does not count as a legal contribution. If one party stayed at home and the other worked, the party who stayed at home generally has no claim to the property acquired by the working partner unless actual financial contribution is proven.
Proof of Contribution: If the actual contribution of each party cannot be determined, their shares are presumed to be equal. However, for parties in a bigamous or adulterous relationship, the share of the party who is already married may be forfeited in favor of their legitimate family or the "common" children, depending on the circumstances.

3. Succession and Inheritance Rights

One of the most significant differences between a legal marriage and a common-law union in the Philippines is the right of inheritance.

No Automatic Heirship: Common-law spouses are not compulsory heirs of each other. Under the Civil Code, if one partner dies without a will (intestate), the surviving common-law spouse has no legal right to inherit the deceased partner’s separate property or their share of the co-owned property.
Testamentary Succession: A partner may leave property to the other through a Last Will and Testament, but this is subject to the "legitime" (the portion of the estate reserved by law for compulsory heirs, such as children or parents). The common-law spouse can only inherit from the "free portion" of the estate.

4. Status and Rights of Children

Children born of common-law unions are classified as illegitimate under Philippine law.

Parental Authority and Custody: Under the law, illegitimate children are under the sole parental authority of the mother. The mother typically has the right to primary custody.
Support: Illegitimate children are entitled to support from both parents.
Succession: Illegitimate children have successional rights. Under the law, an illegitimate child is entitled to a legitime consisting of one-half (1/2) of the legitime of a legitimate child.
Surname: Children may use the surname of the father if he has formally recognized the child through the birth certificate or a private handwritten instrument.

5. Termination of the Union

When a common-law union ends, the properties are divided based on the rules of co-ownership (Articles 147 or 148).

Article 147 termination: If the union is terminated by the death of one party or by mutual agreement, the shared properties are divided equally unless proven otherwise. If one party acted in bad faith (e.g., entered the union while knowing of an impediment), their share in the co-ownership may be forfeited in favor of the children or the other party.
Article 148 termination: Partition is strictly limited to properties where actual contribution was made.

Summary Table: Article 147 vs. Article 148

Feature	Article 147 (No Impediment)	Article 148 (With Impediment)
Eligibility	Both parties can legally marry.	One or both cannot legally marry.
Wages/Salaries	Owned in equal shares.	Owned by the earner alone.
Presumption	Presumed equal co-ownership.	No presumption; proof of actual contribution required.
Housework	Counts as a valid contribution.	Does not count as a contribution.
Exclusivity	Must be an exclusive union.	Applies even to non-exclusive unions.