Text of the provision

Art. 114. If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains.

(151a)

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

An onerous donation is a gift that comes with a burden — the donee must do or pay something in return. When such a gift is made to one spouse and the conjugal partnership advances the cost of that burden, this article makes clear who ultimately pays: the donee spouse's own exclusive property.

The reason follows Article 113: the gift itself is exclusive property, so the charges attached to it are the owner's personal responsibility. The partnership may front the money, but it is entitled to be made whole from the donee spouse's separate estate.

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.