Text of the provision

Art. 113. Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper.

(150a)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

When someone donates property to both spouses together, or leaves it to both in a will, the property does not fall into the conjugal partnership. It becomes the exclusive property of each spouse, in the shares the giver assigned.

If the donor or testator named specific shares, those control. If no shares were stated, the spouses take equally — share and share alike. The right of accretion is preserved: if one designated share fails (for example, a spouse cannot or will not receive it), that portion may pass to the other where the law on accretion allows.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.