Short answer. Yes. Article 125 lets either spouse make moderate donations from conjugal partnership property for charity, or on occasions of family rejoicing or family distress, without the other spouse's consent. Any donation beyond a moderate amount, or for other purposes, still needs both spouses to agree.
What the law says
Neither spouse may donate any conjugal partnership property without the consent of the other.
Family Code, Article 125 — Donations of Conjugal Property. Read the full provision →
What the law says
However, either spouse may, without the consent of the other, make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress.
Family Code, Article 125 — Donations of Conjugal Property. Read the full provision →
Donating conjugal property generally needs both spouses
The default rule under Article 125 is strict: "neither spouse may donate any conjugal partnership property without the consent of the other." Because conjugal property belongs to both spouses together, giving any part of it away as a donation is treated as a decision that affects both of them, and one spouse acting alone to give away shared property is exactly the kind of unilateral act the law wants to prevent.
The moderate-charity exception you are asking about
Your situation falls under the specific exception the same article carves out: "either spouse may, without the consent of the other, make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress." A charitable gift that is genuinely moderate in amount does not require your spouse's separate consent, precisely because the law recognizes that ordinary charitable giving and family customs should not be held hostage to a formal consent requirement for every small gift.
What counts as "moderate" is not fixed by a number
The article does not set a peso ceiling on what counts as moderate — the word itself signals that the amount must be reasonable relative to the family's overall financial situation and the conjugal assets involved. A donation that would be moderate for a family of substantial means could be far from moderate for a family with modest conjugal property. Because there is no bright-line figure, a donation that is unusually large relative to your partnership's actual resources risks falling outside the exception and back under the general consent requirement.
What happens if the donation exceeds what is moderate
If a donation is not truly moderate, or is not for charity or a family occasion covered by the exception, the general rule reasserts itself and you would need your spouse's consent before making it. Giving away conjugal property outside these bounds without that consent exposes the donation to being challenged as an act your spouse never agreed to. When in doubt about whether a planned gift is large enough to require consent, it is safer to involve your spouse in the decision rather than assume the exception covers it.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Nicxon L. Perez, Jr. vs. Avegail Perez-Senerpida, assisted by her husband Mr. Senerprida, G.R. No. 233365, March 24, 2021 — read the decision on LawPhil →
- Alfredo Ching, et al. vs. The Hon. Court of Appeals, et al, G.R. No. 124642, February 23, 2004 — read the decision on LawPhil →