Declaration of Domestic Partnership in the Philippines

A 2025 legal-practice primer

1. What is (and is not) a “domestic partnership” under Philippine law?

No national statute yet. Neither the 1987 Constitution nor the Family Code defines or registers “domestic partnerships.” Marriage remains a “special contract of permanent union between a man and a woman” (Art. 1, Family Code) citeturn4search1.
Practical usage. In practice, “domestic partnership” (or “common-law union,” “live-in relationship”) refers to two people—same-sex or opposite-sex—who cohabit in a marriage-like relationship without a marriage licence.
Why the term matters. Couples, employers and local governments increasingly rely on a notarised Declaration (or Affidavit) of Domestic Partnership to unlock benefits, clarify property relations, or serve as supporting proof for immigration, insurance, health-care decisions, etc.

2. Core national rules that indirectly govern domestic partners

Scenario	Governing provision	Key effect
Man & woman free to marry but living together	Art. 147, Family Code	Property acquired during cohabitation is co-owned 50-50 unless proven otherwise; wages/salaries always shared. citeturn3search0turn4search2
At least one partner is still married to someone else (or there is any legal impediment)	Art. 148, Family Code	Only jointly-contributed acquisitions are co-owned; shares are in proportion to proven contribution; no conjugal presumption.
Same-sex couples	Not covered by Arts. 147–148 (they are textually limited to a man and a woman). Any property regime comes only from contract or actual contribution.
Violence & abuse	R.A. 9262 (VAWC) protects women in dating relationships; R.A. 11313 (Safe Spaces Act) covers all genders.

Other statewide systems—from intestate succession to SSS, Pag-IBIG and income-tax dependency exemptions—do not recognise an unmarried partner. Planning tools (wills, life-insurance designations, special powers of attorney, bank co-accounts) are therefore essential.

3. A “Declaration of Domestic Partnership”: nature, form & typical contents

Nature – A joint sworn affidavit + private contract. It memorialises (a) cohabitation facts, (b) mutual support, and (c) chosen property/estate arrangements. It derives enforceability from Art. 1159 Civil Code (contracts have the force of law between the parties) and general evidentiary rules.
Formalities
- Personal appearance before a notary (Rules on Notarial Practice 2004).
- Competent government IDs for each partner; two copies for archiving.
- Attachments often required by third parties (e.g., PhilHealth MDR update, corporate HR) such as proof of common residence or joint utility bills citeturn0search7.
Typical clauses
- Declarative facts – names, citizenship, civil status, address, duration of cohabitation, whether either partner is married.
- Mutual undertakings – financial support, decision-making, confidentiality.
- Property regime – e.g., “All acquisitions after ___ shall be co-owned in equal shares” or “Separate, unless title indicates otherwise.”
- Succession planning – reference to wills, insurance, beneficiaries.
- Children – acknowledgement, custody, support.
- Dispute-resolution – mediation venue, choice of law (Philippines).
- Effectivity / termination – death, marriage to each other, written revocation.

✦ Pro-tip: Draft a companion Special Power of Attorney (SPA) for health-care and end-of-life decisions; some LGUs require it to issue benefit cards (see § 6).

4. Where can the declaration actually matter today?

Use-case	How Philippine institutions respond
Company/HR benefits	Many multinationals and BPOs accept a notarised affidavit to enrol a partner as HMO dependent. No statutory mandate—check employer policy.
PhilHealth	The partner is not in the statutory list of “qualified dependents” citeturn2search0. Some employers nonetheless cover the partner under group plans.
Bank beneficiary designations, life insurance, Pag-IBIG MP2	Freely allowed by contract; the affidavit is accepted as supporting proof.
Estate planning	The affidavit itself does not grant intestate rights; execute wills or deeds of donation.
Immigration proofs (e.g., Schengen, Canadian common-law sponsorship)	Philippine-notarised declarations are routinely accepted as prima facie evidence of relationship, subject to embassy discretion.
Healthcare decisions in Quezon City	The Right-to-Care Card (launched June 24 2023) allows LGBTQ+ partners—with a notarised SPA uploaded to a QR code—to consent or refuse treatment in city hospitals citeturn6search0turn6search7.

5. Local government recognition & anti-discrimination ordinances

Quezon City – Gender-Fair Ordinance (SP-2357, s. 2014) recognises domestic partners for city employees & services. citeturn0search1
Baguio, Mandaluyong, Davao, Cebu City – equal-opportunity ordinances prohibit discrimination based on “marital/relationship status,” enabling domestic partners to access local programs (housing draws, petty-cash aid).
Certificates of Commitment – A few LGUs conduct annual mass commitment ceremonies (symbolic, not civil registration).

6. Status of national civil-partnership bills (as of 23 Apr 2025)

Chamber	Bill & Author	Scope	Latest action
House	HB 1015 (Rep. Bernadette Herrera)	Same- & opposite-sex civil partnerships	TWG consolidated draft finished 23 May 2023; awaiting committee report. citeturn0search0
House	HB 6782 (Rep. Pantaleon Alvarez)	Same rights as marriage except church rites	Re-filed Feb 2023, pending Population & Family Relations committee. citeturn5search2
Senate	SB 449 “Civil Unions Act” (Sen. Robinhood Padilla)	Same-sex only	Public hearings concluded Nov 2024; technical working group in progress. citeturn5search1
Senate	Draft SB 1108 (Sen. Risa Hontiveros)	Gender-neutral partnerships	Filing announced Dec 2024; not yet docketed.
Public sentiment	Commission on Human Rights issued a 2025 position paper strongly endorsing HB 1015/HB 6782 citeturn0search5turn0search4.

Until a bill is enacted, a notarised Declaration of Domestic Partnership remains the most practical stop-gap for legal certainty.

7. Recent jurisprudence to know

Case	Year	Take-away
Falcis v. Civil Registrar-General	2019	Supreme Court dismissed same-sex-marriage petition on procedural grounds—substance left open for Congress citeturn0search3.
Tan-Andal v. Andal	2021	Re-affirmed that property acquired in a void marriage is governed by Art. 147 (co-ownership). citeturn4search3
Re: Heirs of Malate (G.R. 253450)	2024	Art. 147 presumption of equal shares is prima facie—can be overridden by Torrens title evidence. citeturn4search4

8. Drafting & notarisation checklist (2025 update)

Step	Practice pointer
1. Title the document clearly (“Joint Declaration of Domestic Partnership”).
2. Include partners’ full civil status; if still legally married to others, disclose to avoid future estoppel.
3. Attach two government-issued IDs each; show them to the notary.
4. If the declaration will be used for PhilHealth/HMO, add a paragraph authorising data-sharing.
5. For property provisions, state the start date of the agreed regime and whether prior assets remain exclusive.
6. If seeking LGU benefits (e.g., QC Right-to-Care), annex the SPA template required by the ordinance.
7. Sign in duplicate originals; each partner keeps one, the notary retains one copy, and a third may be lodged with HR or the LGU.
8. Register real-property co-ownership in the deed of sale or condominium certificate; the affidavit alone does not transmit title.
9. Review annually or upon major life events; revoke by a notarised instrument if needed.

9. Frequently-asked questions

Can a domestic partner inherit automatically?
No. Unless you execute a will (up to the freely-disposable portion) or arrange survivorship deeds, the partner is a stranger in intestate succession.
Will the affidavit protect us from criminal bigamy?
Bigamy punishes contracting another marriage while still married; cohabitation per se is not bigamy. If one partner is still married to someone else, Art. 148—not Art. 147—governs property splits.
Can we adopt jointly?
The Domestic Adoption Act (R.A. 11642) allows married spouses jointly or a single adopter. Unmarried couples must have one partner adopt as a single parent.
May I use the declaration to change my BIR dependents?
The NIRC allows only legitimate, legitimated or legally adopted children and the legal spouse as qualified dependents for additional exemptions, so partners are excluded.
Does PhilHealth accept my partner as a dependent?
Statutorily no; but some employers offer supplemental corporate coverage. Always check your plan booklet.

10. Looking forward

Legislative momentum: With CHR, business groups, and major urban LGUs now publicly supporting HB 1015/SB 449, observers expect plenary debates before the 2025 sine die adjournment.
Corporate practice: More Philippine-based firms are updating benefits handbooks to recognise notarised partners, even ahead of legislation.
Digital notarisation: The 2024 Supreme Court guidelines on e-notarisation (AM 24-02-05-SC) mean declarations can soon be executed via secure video, expanding access for OFW couples.

Take-away

Until Congress enacts a Civil or Domestic Partnership Law, a carefully-drafted, duly-notarised Declaration of Domestic Partnership—paired with SPAs, wills and tailored contracts—remains the best legal armour for Filipino couples who live and build lives outside marriage. Understand its limits, use it strategically, and stay abreast of fast-moving legislative developments.