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.

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.