Introduction

In the Philippines, the concept of domestic partnership, often associated with unmarried couples living together in a committed relationship, is not formally recognized under national law as a legal equivalent to marriage. The 1987 Family Code of the Philippines (Executive Order No. 209) defines marriage strictly as a union between a man and a woman, and there is no nationwide framework for civil unions or domestic partnerships. However, certain local government units (LGUs) and private institutions have adopted measures to acknowledge such relationships for limited purposes, such as access to benefits, housing, or health services. In these contexts, an Affidavit of Domestic Partnership serves as a sworn declaration by the partners affirming their relationship status.

This affidavit is essentially a notarized document that can be used to establish proof of cohabitation and mutual commitment, particularly in situations where formal marriage is not possible or desired. It may be required or accepted by employers for partner benefits, insurance companies, banks for joint accounts, or even some government agencies for beneficiary designations. While it does not confer the full legal rights of marriage—such as inheritance, adoption, or tax benefits—it provides a practical mechanism for couples, including same-sex partners, to document their union in a society where LGBTQ+ rights are evolving but still limited.

This article explores the requirements, preparation, legal implications, and related considerations for executing an Affidavit of Domestic Partnership in the Philippine context. It draws from relevant provisions in the Civil Code, Family Code, and administrative guidelines, as well as practices in various LGUs.

Legal Basis and Scope

The Affidavit of Domestic Partnership derives its validity from general principles of Philippine law governing affidavits and contracts. Under the Rules of Court (Rule 132, Section 20), affidavits are admissible as evidence if they are sworn statements made before a notary public or authorized officer. The Civil Code (Republic Act No. 386) allows individuals to enter into contracts or agreements that are not contrary to law, morals, good customs, public order, or public policy (Article 1306).

Although there is no specific national statute mandating or defining domestic partnerships, some LGUs have enacted ordinances recognizing them. For instance:

Quezon City Ordinance No. SP-2209 (2013) establishes a Domestic Partnership Registry, allowing couples to register and obtain certificates for local benefits like hospital visitation rights and anti-discrimination protections.
Other cities like Manila, Cebu, and Davao have similar initiatives or anti-discrimination ordinances that indirectly support such affidavits.
In the absence of local ordinances, the affidavit can still be used privately, such as in employment contracts or insurance policies, where companies may require it to extend spousal-like benefits to domestic partners.

The Supreme Court's ruling in Ang Ladlad LGBT Party v. COMELEC (G.R. No. 190582, 2010) affirmed the rights of LGBTQ+ individuals, paving the way for greater acceptance, though it did not create new partnership rights. Pending bills in Congress, such as the SOGIE Equality Bill and Civil Partnership Bill, aim to provide broader recognition, but as of now, affidavits remain a stopgap measure.

It is important to note that this affidavit does not alter property relations under the Family Code. For heterosexual couples cohabiting without marriage, property is governed by Articles 147 (if no legal impediment to marriage) or 148 (if with impediment), requiring proof of exclusive cohabitation and joint contributions. For same-sex couples, property disputes may fall under general co-ownership rules (Civil Code, Articles 1447-1457).

Key Requirements for Executing the Affidavit

To prepare and execute an Affidavit of Domestic Partnership, the following requirements must be met. These are based on standard notarial practices and may vary slightly by jurisdiction or purpose.

1. Eligibility of Partners

Age and Capacity: Both partners must be of legal age (18 years or older) and possess full civil capacity. Minors or those under guardianship cannot execute the affidavit without court approval.
Relationship Status: The partners must be unmarried and not in a legally recognized relationship with others. They should declare that they are living together as domestic partners in a committed, exclusive relationship akin to spouses.
No Legal Impediment: There should be no existing marriage, annulment proceedings, or other legal barriers. For same-sex couples, this is straightforward since same-sex marriage is not recognized.
Residency: While not always required, some LGUs mandate that at least one partner resides within their jurisdiction for registration purposes.

2. Content of the Affidavit

The affidavit must include specific details to make it legally robust. A typical template includes:

Personal Information: Full names, ages, addresses, occupations, and civil status of both partners.
Declaration of Relationship: A statement affirming that the partners have been cohabiting for a specified period (e.g., at least one year, though not mandatory), share a common residence, and intend to maintain a domestic partnership.
Mutual Commitments: Clauses on sharing financial responsibilities, emotional support, and decision-making, similar to marital vows but without legal enforceability.
Purpose: Specify the intended use, such as for benefits, visa applications, or property claims.
Witnesses: At least two witnesses (not related to the partners) who can attest to the relationship.
Oath: A jurat or acknowledgment clause where the partners swear to the truthfulness of the statements.

Sample language: "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 mutually supporting each other financially and emotionally."

3. Documentary Requirements

Identification: Valid government-issued IDs (e.g., passport, driver's license, Voter's ID) for both partners and witnesses.
Proof of Cohabitation: Supporting documents such as joint utility bills, lease agreements, bank statements, or affidavits from neighbors/relatives confirming the relationship.
Birth Certificates: To verify age and civil status.
Certificate of No Marriage (CENOMAR): Issued by the Philippine Statistics Authority (PSA) to confirm neither partner is married.
Local Requirements: For LGU registries, additional forms or fees may apply (e.g., PHP 100-500 processing fee in Quezon City).

4. Notarization Process

The affidavit must be signed in the presence of a notary public licensed by the Supreme Court.
Notarial fees typically range from PHP 200-500, plus PHP 10 per page for the document.
The notary will verify identities, ensure voluntary execution, and affix their seal and signature.
Electronic notarization (e-notary) is allowed under Republic Act No. 11904 (2022) for remote signing, but physical presence is still common.

5. Registration (Optional but Recommended)

In LGUs with registries (e.g., Quezon City), submit the notarized affidavit to the local civil registrar or designated office.
Upon approval, a Certificate of Domestic Partnership may be issued, which carries more weight than the affidavit alone.
Registration fees and processing times vary; it may take 1-2 weeks.

Procedures for Preparation and Execution

Draft the Affidavit: Use a lawyer or online templates compliant with Philippine law. Consult an attorney to customize it for specific needs.
Gather Documents: Collect all required proofs and IDs.
Sign and Notarize: Visit a notary public with witnesses.
Register if Applicable: Submit to the LGU for official recognition.
Distribute Copies: Keep originals and provide copies to relevant parties (e.g., employer, insurer).

Legal Implications and Limitations

Evidentiary Value: The affidavit serves as prima facie evidence in court for claims like support or property division but can be contested.
Benefits: It may qualify partners for private benefits (e.g., health insurance under PhilHealth for dependents, SSS survivor pensions) but not government spousal rights.
Termination: The partnership can be dissolved by mutual affidavit or upon marriage/death. No formal divorce is needed.
Risks: False statements can lead to perjury charges (Revised Penal Code, Article 183). It does not protect against bigamy if one partner marries later.
Tax and Inheritance: No joint filing or automatic inheritance; wills or deeds are necessary.
International Recognition: Limited abroad; for immigration, additional proofs like joint finances are required.

Challenges and Future Prospects

Couples face societal stigma and inconsistent acceptance. Advocacy groups like Bahaghari and Ladlad push for national recognition. Pending legislation could standardize domestic partnerships, potentially requiring updated affidavits.

In summary, while the Affidavit of Domestic Partnership is a valuable tool in the Philippines' conservative legal landscape, it is advisory rather than binding. Couples should seek legal advice to maximize its utility and explore alternatives like cohabitation agreements.