Text of the provision
Art. 125. Neither spouse may donate any conjugal partnership property without the consent of the other. 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.
(174a)
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
Because conjugal property belongs to both, neither spouse can give it away without the other's consent. A unilateral donation of conjugal property is not allowed.
There is one narrow exception: a spouse may make moderate donations alone — for charity, or on occasions of family rejoicing or family distress. The safeguard is the word "moderate": the gift must be reasonable in relation to the family's means, not a way around the consent rule.
Questions about this provision
Related provisions
- Article 124 — disposition of conjugal property without consent is void.
- Article 98 — the parallel rule for the absolute community of property.
Cases citing this article
- 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 →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.