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.
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 interpreting this article
- The leading authorities voiding indirect donations between spouses (and between common-law partners) will be added here as each is verified against primary sources.