CPG Donation, A125 Family Code
1. Donation under CPG
a. Consent
Art. 125. Neither spouse may donate any conjugal partnership property without the consent of the other. x x x
1) This rule establishes that property owned jointly by the spouses under a conjugal partnership cannot be donated by only one of them. In other words, one spouse does not have the sole authority to give away property that belongs to both; the other spouse must give consent. The purpose of this restriction is to protect the equal interest of each spouse in the jointly owned property and to prevent unilateral decisions that could diminish the partnership’s assets. (OpenAI ChatGPT-5 [2025], reviewed by Legal / J. Del Puerto, Accessed 14 September 2025)
Example 1: Sofia considered giving their jointly owned farmland to her old mentor as a token of gratitude. She could not do so unless her husband agreed, since the property was conjugal. (Ibid.)
Example 2: When David wanted to donate one of their family’s jointly purchased cars to a friend’s foundation, he first had to secure his wife’s approval; otherwise, the donation would not be valid. (Ibid.)
Example 3: Marites thought of signing over their shared beach house to her cousin who was migrating abroad. Without her husband’s consent, she was not legally allowed to make that donation. (Ibid.)
1) Exception: Moderate donations
Art. 125. x x x 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)
1) Moderate – means “not expensive: reasonable or low in price”; “tending toward the mean or average amount or dimension”. (Merriam-Webster.com Dictionary, https://www.merriam-webster.com/dictionary/moderate [last visited Sept. 12, 2025])
2) As to what constitutes as moderate, it will be decided on a case-by-case basis with due regard to the spouse’s socio-economic and financial status.
2) Even without the consent of the other, a spouse may make moderate donations from the CPG:
(a) For charity; or
(b) On occasions of family rejoicing; or
(c) On occasions of family distress.
2) This rule means that property belonging to the conjugal partnership cannot be given away by just one spouse; both must agree before a donation is valid. However, there is an exception: either spouse is permitted to make modest donations from the shared property if the purpose is charitable, or if it relates to special family circumstances such as celebrations or times of hardship. These exceptions are allowed because they are considered reasonable and in line with the welfare of the family. (OpenAI ChatGPT-5 [2025], supra.)
Example 1: When Miguel wanted to donate a piece of farmland owned under the conjugal partnership to his cousin, he could not do so without his wife’s approval. On the other hand, he was free to give a small amount of rice from their joint harvest to a local relief drive for typhoon victims. (Ibid.)
Example 2: Elena thought of giving away the family’s vacation house to her best friend. Since it was conjugal property, she needed her husband’s consent; she could not do it on her own. But when her nephew graduated with honors, she gave him a modest cash gift from their shared funds without needing to ask her spouse first. (Ibid.)
Example 3: During a time of financial strain caused by the illness of his brother, Carlos contributed some money from the conjugal partnership to help cover medical bills. He did not need his wife’s express consent because the law allows such moderate aid in times of family distress. However, if he wanted to donate one of their vehicles to his brother, his wife’s agreement would have been required. (Ibid.)
