Text of the provision
Art. 84. If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void.
Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills.
(130a)
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
Where the future spouses opt for a regime other than absolute community, Article 84 caps what they may donate to each other in the marriage settlement at one-fifth of their present property; anything beyond that is void. Donations of future property (property not yet owned at the time) are not covered by this cap at all — they instead follow the rules on testamentary succession and the formalities required of wills.
Related provisions
- Article 75 — the property regimes this limit applies outside of absolute community.
- Article 83 — the ordinary-donation rules this article modifies.
Cases interpreting this article
- Authorities on the Article 84 one-fifth limit will be added here as each is verified against primary sources.