Short answer. Yes. Article 97 of the Family Code expressly allows either spouse to dispose by will of their interest in the community property. You may designate any person you choose as recipient of your share — subject to the rules on compulsory heirs and legitimes that apply to all wills under Philippine law.
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 →
Each spouse owns a disposable interest
Under the absolute community of property regime, the spouses jointly own all community assets. But each spouse holds a recognized interest in that community — an undivided half share of everything in it. Article 97 of the Family Code confirms that this interest is transmissible by will. Either spouse can, through a valid testamentary disposition, direct where their half of the community goes after death. The other spouse's half is entirely separate and remains theirs to manage and dispose of independently.
The community must be liquidated first
A testamentary disposition of your community interest does not take effect immediately or in isolation. When you die, the community must first be liquidated — the joint assets are identified, debts of the community are settled, and only then is your net half-share computed and distributed to your designated heir or legatee. Your beneficiary inherits your share as it stands after liquidation, not a specific piece of property from the community. The surviving spouse retains their own half throughout this process.
The compulsory heirs limit what you can give away
The freedom Article 97 grants is real but not unlimited. Philippine succession law protects compulsory heirs — your legitimate children, parents in the absence of descendants, and your surviving spouse — by reserving for them a fixed portion called the legitime. Your testamentary freedom extends only to the free portion of your estate after the legitimes are satisfied. If you will your entire community interest to a non-compulsory heir while compulsory heirs exist, the will can be challenged and the excessive dispositions reduced to protect the legitime.
Practical steps for making the disposition
To exercise this right, you need a valid will — either a notarial will with two witnesses and a notary, or a holographic will written, dated, and signed entirely in your own handwriting. Simply stating in a document that you leave your community share to someone is not enough if the formalities of a valid will are not observed. Given that community property can be substantial, errors in the will's form or content can be costly to correct after death. Having a lawyer review the will during your lifetime is the most reliable way to ensure your dispositions are carried out as intended.