Short answer. Yes. Article 803 confirms that a married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. She does not need her husband's consent to make a will, but she can only give away her own half, never his.
What the law says
A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property.
Civil Code, Article 803 — A Married Woman's Property Rights in a Will. Read the full provision →
What Article 803 secures
Article 803 states that a married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. Historically a wife's testamentary freedom was doubted; the article puts it beyond argument. Her separate or paraphernal property is wholly hers to give. And her interest in the property the marriage built — whether the couple is under conjugal partnership or absolute community — is hers to leave as well. Marriage does not fold her estate into her husband's for the purpose of making a will.
But only her share, and only after the regime is liquidated
The article gives her the share, not the whole. Conjugal and community property is co-owned, and until the marriage ends and the property is liquidated, no one knows in concrete terms which peso or which parcel is hers. So a will that purports to leave a specific conjugal asset can bind only her half of it. On death, the property regime is dissolved first: the common mass is inventoried, debts are paid, and it is divided before her estate is settled. Her will then operates on what falls to her side of that division, not on the undivided whole.
The husband's consent is not required
Making a will is a strictly personal act, and Article 803 confirms a wife exercises it in her own right. She needs no permission from her husband to make, change or revoke her will, and he cannot make one for her or dictate its terms. Nor does his agreement enlarge what she may give — the ceiling is her own share, with his consent or without it. This cuts the other way too: he cannot by his own will dispose of her half of the community, and any clause of his that tries to reaches only his side.
What this does not override: the compulsory heirs
Freedom to dispose of her share is not freedom to disinherit at will. The law reserves a portion of every estate — the legitime — for compulsory heirs such as children and the surviving spouse, and a wife's will can freely dispose only of the free portion left after those reserved shares. So her testamentary power runs to her half of the community, minus what the law keeps for her forced heirs. If you are drafting or reading such a will, identify the property regime, then the compulsory heirs, before deciding how much was actually hers to give.