TWENTIETH CONGRESS OF THE ) First Regular SEsSiON LIPPINES First Regular Session 25 JUL 10 P6:13 S.B. NEN 130 RECEIVED Sr. -- Introduced by SENATOR IMEE R. MARCOS AN ACT INSTITUTING A PROPERTY REGIME FOR COHABITING SAME SEX PARTNERS AND FOR OTHER PURPOSES EXPLANATORY NOTE The acquisition, ownership and use of property, is a guaranteed right of all citizens. Property ownership, for so many, provides the citizen with the assurance that in times of difficult challenges, there is hope for survival and there will be better days ahead. The rights of same sex partners to acquire and own property jointly, and to use, sell, dispose or in any manner alienate such property for their benefit deserves protection. Thus, this bill seeks to provide protection to the rights of same sex partners to jointly acquire, own, use, enjoy, manage, sell, dispose or alienate property for their benefit, including the rights of each partner to a just share of such properties acquired during the partnership in case of death, disability or incapacity of the other partner, and in instances of separation or termination of the partnership and/or abandonment of one partner by the other for any cause. While the Philippines is moving towards greater inclusion for all, there's a continued need for legislative action, community support, and public education to ensure full equality for all. In view of the foregoing, the passage of this bill is earnestly sought. Free h. Mares IMEER. MARCOST
cott: de TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 JUL 10 P6:13 First Regular Session SENATE RECEIVED 67 S.B. No. 430 Introduced by SENATOR IMEE R. MARCOS INSTITUTING A PROPERTY REGIME FOR COHABITING SAME SEX PARTNERS AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the "Same Sex Partners Property
Relations Act".
SEC. 2. Coverage. - This Act shall cover the property relations of same sex
partners who are cohabiting or living together which include, among others, the acquisition and ownership of property, real or personal, inclusive of such other rights that are appurtenant thereto, and the enjoyment, distribution, alienation, sale and disposition thereof.
SEC. 3. Applicability. - The provisions of this Act shall be applicable to persons
in a same sex partnership who are cohabiting or actually living together and who have been cohabiting or actually living together for at least one (1) year at the time of effectivity of this Act.
SEC. 4. Ownership of Properties Acquired During the Partnership. - The
provisions of a written agreement between the partners on the acquisition, ownership, enjoyment, sharing, distribution, alienation, sale or disposition of property acquired by both or any of the parties during the period of cohabitation shall govern their property relations. The written agreement shall be notarized in the city or municipality where the partners reside.
SEC. 5. Administration and Other Rights Over Properties. - Both partners shall
have joint rights to the administration and enjoyment of the properties co-owned by them. In case of incapacity, permanent or temporary, or inability, for any lawful reason, to properly administer the properties, the other partner shall assume administration and management of all co-owned properties until the other partner is fit and able. No lease, use, sale, alienation or disposition of any property co-owned by the parties shall be done without the consent of both partners. Any contract or agreement for the use, lease, sale, alienation or disposition of any property co-owned by the partners shall be signed by both of the partners.
SEC. 6. Donations and Gifts. - Donations and gifts received by any of the
partners during the cohabitation, except those from members of the immediate family 14 of the donee, shall form part of the co-owned properties of the partners. Provided, that 15 donations or gifts given by a partner to the other, shall be the exclusive personal property of the recipient partner. No donations or gifts may be made in favor of any person without the consent of both parties.
SEC. 7. Personal Debts, Loans, and Other Liabilities. - Any loan or financial
obligation incurred by a partner without the knowledge or consent of the other shall be the personal liability of the partner who incurred the debt or liability. Final and executory court judgments arising from acts that happened before the cohabitation of the partners shall not be paid out of co-ownership funds or property. Provided, that court judgments promulgated during the period of cohabitation may be paid out of the co-ownership funds if the alleged acts were undertaken with the knowledge and/or full consent of the parties.
SEC. 8. Dissolution of Co-Ownership. - The co-ownership of properties of
persons in a same sex relationship shall be deemed dissolved upon the death or permanent disability of any of the partners or upon the termination of the relationship for any cause, unless in cases of termination of the partnership due to mutually agreed and/or amicable separation, the partners agree to continue their co-ownership of particular properties, which agreement shall be reduced in writing and duly notarized as a formal contract or agreement between the parties. Otherwise, upon the dissolution of the partnership, the properties co-owned by the partners shall be divided equally between the partners after the payment of debts and obligations jointly incurred prior to the dissolution.
SEC. 9. Implementing Rules and Regulations. - The Department of Justice (DO])
shall prepare the implementing rules and regulations within sixty (60) days from the effectivity of this Act.
SEC. 10. Repealing Clause. - All laws, decrees, orders, rules and regulations or
other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly,
SEC. 11. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect.
SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of national circulation. Approved,