Text of the provision
Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without a valid marriage.
(133a)
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
Spouses generally cannot give each other property during the marriage. Every donation or "grant of gratuitous advantage" between them — direct or indirect — is void. The only exception is moderate gifts on occasions of family rejoicing (a birthday, an anniversary). The words "direct or indirect" matter: a spouse cannot dodge the rule by routing a gift through a third person.
The law does this to protect two groups: creditors (who could otherwise be defrauded by spouses shuffling assets between themselves) and the weaker spouse (who could be pressured into "gifting" away their share). Crucially, the last sentence extends the ban to couples living together without a valid marriage — so a common-law partner cannot use donation to do what a spouse cannot.
Questions about this provision
Related provisions
- Article 98 — the separate limit on donating community property to outsiders.
- Article 147 and 148 — the property rules for unmarried cohabitation this prohibition reaches.
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 →
- Cirila Arcaba vs. Erlinda Tabancura Vda. De Batocael, et al, G.R. No. 146683, November 22, 2001 — read the decision on LawPhil →
- Edgardo Santos, et al. vs. Maria D. Santos and/or her Successors-in-interest, G.R. No. 250774, June 16, 2021 — read the decision on LawPhil →
- Emilie B. Sumbad, et al. vs. Court of Appeals & Eduard Okoren, et al, G.R. No. 106060, June 21, 1999 — read the decision on LawPhil →
- Milagros Joaquino vs. Lourdes Reyes, et al, G.R. No. 154645, July 13, 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.