Introduction

In the Philippines, where traditional marriage remains the cornerstone of family law under the Family Code (Executive Order No. 209, as amended), the concept of domestic partnership is not formally codified as a legal institution equivalent to marriage. However, practical necessities in areas such as employee benefits, health insurance, social security claims, property ownership, and certain immigration or visa applications have led to the use of affidavits to affirm domestic partnerships. An Affidavit of Domestic Partnership, often interchangeably referred to as an Affidavit of Cohabitation or Common-Law Partnership, serves as a sworn declaration by two individuals attesting to their live-in relationship without the benefit of marriage. This document is particularly relevant for unmarried couples, including same-sex partners, given the absence of legal recognition for same-sex marriages or civil unions in the country.

While the Philippine legal system does not grant domestic partnerships the same rights as marriages (e.g., automatic inheritance, spousal support, or adoption privileges), such affidavits can establish proof of relationship for specific purposes. They draw from principles in the Family Code, particularly Articles 147 and 148, which govern property relations in cohabitation scenarios. This article comprehensively explores the requirements, preparation, execution, and implications of an Affidavit of Domestic Partnership, grounded in Philippine jurisprudence and administrative practices.

Legal Basis and Scope

The Affidavit of Domestic Partnership finds its roots in the broader framework of Philippine civil law, which emphasizes contractual freedom and evidentiary requirements for non-marital relationships. Key legal foundations include:

Family Code of the Philippines (Articles 147-148): These provisions address property regimes for couples living together as husband and wife without a valid marriage or under a void marriage. Article 147 applies to relationships where both parties are capacitated to marry (i.e., no legal impediments), presuming equal co-ownership of property acquired during cohabitation. Article 148 covers situations with impediments (e.g., one party is married), limiting co-ownership to properties with proven joint contributions.
Civil Code of the Philippines (Republic Act No. 386): Articles on contracts and obligations allow affidavits as self-executing documents to prove facts, such as cohabitation, under Article 1403 on the Statute of Frauds, though not strictly required for partnerships.
Administrative Issuances: Agencies like the Social Security System (SSS), Philippine Health Insurance Corporation (PhilHealth), Government Service Insurance System (GSIS), and private employers often require such affidavits for designating beneficiaries or dependents. For instance, PhilHealth Circular No. 2019-0009 allows common-law partners as qualified dependents upon submission of an affidavit.
Jurisprudence: Supreme Court decisions, such as in Valdes v. RTC (G.R. No. 122749, 1996), affirm that cohabitation can create enforceable rights, but only with sufficient proof like affidavits, joint bank accounts, or witness testimonies. However, cases like Mallilin v. Jamesolamin (G.R. No. 192718, 2011) highlight that mere cohabitation does not equate to marriage rights without formalities.

The affidavit's scope is limited; it does not confer marital status, dissolve prior marriages, or override laws on bigamy (Article 349, Revised Penal Code). It is primarily evidentiary, not constitutive, meaning it declares an existing fact rather than creating a new legal status.

Eligibility Criteria for Parties Involved

To execute an Affidavit of Domestic Partnership, the parties must meet certain threshold conditions to ensure the document's validity and prevent fraud or abuse:

Legal Capacity: Both individuals must be at least 18 years old (age of majority under Republic Act No. 6809) and of sound mind. Minors or those under guardianship cannot execute without court approval.
Unmarried Status: Neither party should be legally married to another person. If one is married, the affidavit may still be used but could fall under Article 148, with limited rights, and risks criminal liability for concubinage or adultery (Articles 333-334, Revised Penal Code).
Duration of Cohabitation: While not strictly mandated by law, many institutions require proof of at least two to five years of continuous living together. For example, SSS requires a minimum of six months for survivor benefits, but longer periods strengthen credibility.
Exclusive Relationship: The partnership must be monogamous and akin to a marital union, excluding casual or multiple relationships. Declarations of fidelity are often included in the affidavit.
No Legal Impediments: Parties should not be related by blood within prohibited degrees (Articles 37-38, Family Code), as this could void the relationship's legal effects.

Same-sex couples can execute such affidavits, as there is no prohibition, though recognition varies by institution. For instance, some private companies extend benefits to LGBTQ+ partners via company policies, but government agencies may be inconsistent pending legislative changes.

Documentary Requirements

Preparing the affidavit requires supporting documents to substantiate claims. Common requirements include:

Identification Documents: Valid government-issued IDs (e.g., passport, driver's license, voter’s ID) for both parties to prove identity and age.
Proof of Cohabitation: Utility bills, lease agreements, or barangay certifications showing shared residence. Joint bank statements, insurance policies, or photos may supplement.
Birth Certificates: To confirm age and civil status.
Certificate of No Marriage (CENOMAR): Issued by the Philippine Statistics Authority (PSA) to verify unmarried status.
Witness Affidavits: At least two disinterested witnesses (not relatives) who can attest to the cohabitation, often required for notarization.

For specific uses, additional documents may be needed, such as employment contracts for company benefits or medical records for health insurance.

Preparation and Execution Process

The affidavit must be drafted carefully to meet legal standards:

Drafting the Content: The document should include:
- Full names, ages, addresses, and occupations of both parties.
- Date when cohabitation began and its continuous nature.
- Declaration of mutual consent, exclusivity, and intent to live as partners.
- Purpose of the affidavit (e.g., for benefits, property registration).
- Sworn statement under oath, with penalties for perjury (Article 183, Revised Penal Code).
A sample clause: "We, [Name1] and [Name2], of legal age, single, and residents of [Address], do hereby declare under oath that we have been living together as domestic partners since [Date], sharing a common household and mutual support."
Notarization: The affidavit must be subscribed and sworn to before a notary public (authorized under Republic Act No. 10173 for data privacy compliance). Notarial fees apply (typically PHP 100-500).
Registration (Optional): For property-related purposes, register with the Registry of Deeds under Republic Act No. 1529. For government benefits, submit directly to the agency.
Execution Venue: Can be done anywhere in the Philippines, but if for international use (e.g., visas), consular notarization may be required.

Common pitfalls include vague language, lack of witnesses, or false declarations, which can lead to nullification or criminal charges.

Uses and Practical Implications

The affidavit serves multiple purposes:

Benefits and Insurance: Designating partners as beneficiaries in SSS, GSIS, PhilHealth, or private insurance. For example, under SSS Memorandum Circular No. 2018-011, common-law spouses qualify with an affidavit.
Property and Inheritance: Establishes co-ownership under the Family Code, aiding in land titling or succession claims. However, without a will, intestate succession favors legal heirs.
Employment Perks: Many corporations, especially multinationals, recognize domestic partnerships for leave, housing, or relocation benefits via HR policies.
Immigration and Visas: Supports dependent visa applications, though acceptance depends on the foreign country's laws.
Legal Proceedings: Evidence in custody disputes, support claims, or annulment cases.

Implications include potential tax liabilities on joint properties (Bureau of Internal Revenue rules) and vulnerability to challenges if cohabitation ends acrimoniously.

Challenges and Limitations

Despite its utility, the affidavit faces hurdles:

Lack of Uniform Recognition: Not all institutions accept it; conservative entities may require marriage certificates.
Gender and Equality Issues: Same-sex partnerships lack full protections, with ongoing advocacy for bills like the SOGIE Equality Bill.
Enforceability: Courts may scrutinize affidavits, requiring corroborative evidence.
Termination: No formal dissolution process; parties may need a separate affidavit of separation.

Future reforms, such as proposed civil partnership laws, could standardize this.

Conclusion

The Affidavit of Domestic Partnership, while not a substitute for marriage, provides a vital mechanism for unmarried couples in the Philippines to assert their relationship for practical ends. By adhering to the outlined requirements—eligibility, documentation, and proper execution—individuals can navigate the legal landscape effectively. Couples are advised to consult legal professionals for tailored advice, ensuring compliance with evolving laws and agency guidelines. This tool underscores the adaptability of Philippine law to modern family structures, even as calls for broader recognition persist.