Short answer. Yes. Article 97 lets either spouse dispose by will of his or her interest in the community property. What you can give away is your interest — the net share that emerges after the community is liquidated at your death — not particular houses or accounts, and not your compulsory heirs' legitimes.

What the law says

Either spouse may dispose by will of his or her interest in the community property.

Family Code, Article 97 — Disposing of One's Interest by Will. Read the full provision →

The word the article turns on is interest

Article 97 is a single line: either spouse may dispose by will of his or her interest in the community property. It confirms that the community is not a cage — you are not obliged to leave everything to your spouse, and your share is yours to direct. But an interest is an undivided share in the whole mass, not ownership of any particular thing inside it. Until the community is dissolved and liquidated nobody can say which assets answer for whose share, so a will that gives away the house itself is making a promise the estate may not be able to keep.

What the will actually operates on

Death dissolves the community, and liquidation follows: the debts and charges are paid, each spouse's exclusive property is returned, and what is left is divided between the surviving spouse and the estate of the one who died. Only that remainder is the interest the will can move. This is why the estate a family expects and the estate the law produces so often differ — the arithmetic that matters is done after death, on a mass reduced by every obligation the community was liable for, and the will takes its portion from what survives that.

Freedom to give is not freedom to disinherit

Article 97 says you may dispose of your interest; it does not say you may dispose of all of it. Philippine succession reserves legitimes for compulsory heirs — the surviving spouse, legitimate and illegitimate children, and in their absence ascendants — and a will that ignores them is cut down to fit, not obeyed. So the practical limit on leaving your share to a friend, a sibling or a church is the free portion, and how large that is depends on who survives you. A spouse who assumes the whole half is disposable is usually planning around a number that does not exist.

Draft it as a share, and know what is in the mass

Two things make a will like this work. Say what you are giving in fractions or values rather than by naming assets, or say plainly that a named asset is given only if it falls to your share on liquidation. And know which property is community and which is exclusive before you write, because the two are governed by different rules and people are routinely wrong about which is which. An inventory with titles, dates of acquisition and the source of the purchase money is the document a lawyer will ask for first.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.