In the Philippines, the legal landscape for couples living together without the benefit of marriage is governed primarily by the Family Code of the Philippines. While many believe that "common-law" status automatically grants the same rights as marriage, the law distinguishes between different types of unions, specifically regarding how property is owned, managed, and divided.
1. Defining the Common-Law Relationship
In Philippine law, common-law relationships are formally referred to as unions without marriage. The property relations of these couples are governed by Articles 147 and 148 of the Family Code. The applicable article depends entirely on whether there were legal impediments to the couple marrying at the time they lived together.
Article 147: Unions Without Legal Impediments
This applies to a man and a woman who are capacity-bound to marry each other (e.g., both are single, widowed, or annulled) and live exclusively as husband and wife.
- Ownership Rule: Properties acquired during the cohabitation are presumed to be owned in equal shares.
- The "Joint Effort" Rule: Even if one party did not contribute financially, they are deemed to have contributed through the care and maintenance of the family and household.
- Disposal: Neither party can sell or encumber any property acquired during the union without the consent of the other until the relationship is terminated.
Article 148: Unions With Legal Impediments
This applies to couples who cannot marry—for instance, when one or both parties are still legally married to someone else (adulterous relationships) or in cases of bigamous or incestuous unions.
- Ownership Rule: Only properties acquired through actual joint contribution of money, property, or industry are owned in common.
- Proportionate Sharing: Ownership is in proportion to their respective contributions.
- The "Housewife/Househusband" Exception: Unlike Article 147, the care of the home and family does not count as a contribution. If one party did not provide actual funds or material assets, they earn no share in the property.
2. The Cohabitation Certificate
In the Philippines, there is no "Common-Law Marriage License" issued by the government. However, two documents often serve the purpose of proving the relationship:
The Affidavit of Cohabitation
Under Article 34 of the Family Code, a man and a woman who have lived together as husband and wife for at least five years without any legal impediment to marry may be exempt from the requirement of a marriage license should they decide to wed.
- This is a sworn statement executed before a notary public.
- It serves as legal proof of the duration and nature of the cohabitation for the purpose of the marriage ceremony.
Certificate of No Marriage (CENOMAR)
While not a cohabitation certificate, the CENOMAR issued by the Philippine Statistics Authority (PSA) is often required alongside an Affidavit of Cohabitation to prove that neither party was previously married, thereby qualifying the union under Article 147.
3. Comparison of Property Regimes
| Feature | Article 147 (No Impediment) | Article 148 (With Impediment) |
|---|---|---|
| Presumption of Equality | Yes, 50/50 share is presumed. | No, must prove actual contribution. |
| Household Care | Counts as a valid contribution. | Does not count as a contribution. |
| Wages and Salaries | Owned in common (equal shares). | Separately owned by each party. |
| Proof of Contribution | Not required for the non-earning spouse. | Mandatory for both parties. |
4. Rights to Succession and Benefits
It is a common misconception that common-law spouses are "compulsory heirs." Under the Civil Code, common-law partners do not automatically inherit from each other through intestate succession (death without a will).
- Succession: To leave property to a common-law partner, a Last Will and Testament is necessary. Even then, the "legitime" (reserved shares) of any legitimate or illegitimate children must be respected.
- Social Security (SSS/GSIS): A common-law spouse may be designated as a beneficiary for SSS or GSIS benefits, provided the member is single and the partner meets the agency's specific criteria for dependency and cohabitation.
- Insurance: A partner can be named as a beneficiary in a life insurance policy, provided the relationship is not "adulterous" or "concubinage" under the eyes of the law, which could disqualify the beneficiary under Article 2012 of the Civil Code.
5. Termination of the Union
When a common-law relationship ends, the partition of property follows the rules of Co-ownership.
- Inventory: Assets must be identified as either "exclusive" (owned before the union) or "common" (acquired during the union).
- Debts: Any debts incurred for the benefit of the family are paid from the common fund.
- Forfeiture: In Article 147 unions, if one party acted in bad faith (e.g., abandonment), their share in the common property may be forfeited in favor of their common children or the innocent partner.
Summary
The Philippine legal system provides a safety net for common-law partners through Article 147, recognizing the value of domestic labor. However, for those in unions with legal impediments (Article 148), the law is significantly stricter, requiring proof of financial contribution for every asset claimed. Understanding these distinctions is vital for protecting one's financial future and property interests in a non-marital setup.