Short answer. Yes, if the donation is moderate. Article 98 allows either spouse to make moderate donations from community property for charity, or on occasions of family rejoicing or family distress, without needing the other's consent. Anything beyond a moderate amount still requires both spouses to agree.
What the law says
Neither spouse may donate any community property without the consent of the other.
Family Code, Article 98 — Donating Community Property. Read the full provision →
What the law says
However, either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress.
Family Code, Article 98 — Donating Community Property. Read the full provision →
Community property donations generally require both spouses
Article 98 begins from the position that community property belongs jointly to both spouses, so giving it away is a shared decision: "neither spouse may donate any community property without the consent of the other." One spouse cannot unilaterally give away assets that belong to the community, since doing so would reduce what both spouses jointly own without the other having any say in it.
The exception for moderate charitable giving
The article then carves out the situation you are describing: "either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress." A donation that is genuinely modest in size, made for charitable purposes or tied to a family celebration or hardship, does not need the other spouse's prior agreement. This lets ordinary, everyday generosity continue without turning every small gift into a formal joint decision.
"Moderate" is judged against your actual resources
There is no fixed peso amount attached to the word moderate — what counts depends on the scale of the community property involved and the family's overall financial standing. A gift that would be entirely reasonable for a family with substantial community assets could be excessive relative to a family with limited resources. Because the standard is relative rather than fixed, spouses making a sizable charitable gift should think carefully about whether it is proportionate to what the community actually owns.
Consequences of exceeding the moderate threshold
A donation that is not moderate, or that does not fit within charity or a family occasion as the article describes, falls back under the general consent requirement. Making such a donation without the other spouse's consent leaves it vulnerable to being contested later as an act the community's other owner never authorized. If there is any real doubt about whether a planned gift is small enough to fall within the exception, discussing it with your spouse beforehand avoids that risk entirely.
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 →