Below is a comprehensive discussion of property rights and legal considerations surrounding a Deed of Donation among married couples in the Philippines. This covers the relevant laws, formal requirements, restrictions, and practical implications under Philippine law.

1. Legal Framework

1.1. Governing Laws

Family Code of the Philippines (Executive Order No. 209, as amended)
- Governs marriages celebrated after August 3, 1988.
- Includes provisions on property regimes, donations by reason of marriage, donations between spouses, and effects on family property.
Civil Code of the Philippines (Republic Act No. 386)
- Governs aspects not expressly repealed by the Family Code.
- Contains general rules on donations, including formalities and limitations.

1.2. Property Regimes

Under the Family Code, couples typically fall under one of the following property regimes (unless stipulated otherwise in a pre-nuptial agreement):

Absolute Community of Property (ACP) – by default, if married on or after August 3, 1988, without any pre-nuptial agreement.
Conjugal Partnership of Gains (CPG) – typically applied if the marriage took place under the old Civil Code or if stipulated before marriage via a pre-nuptial contract under current law.
Complete Separation of Property – only if agreed upon in a valid marriage settlement, subject to formal requirements.

The property regime determines what constitutes common/joint property versus separate property, and thus influences whether certain donations are permitted, and what formalities apply.

2. Donation Among Spouses: General Rules and Restrictions

2.1. Donation Between Spouses During Marriage (Article 87, Family Code)

Under Article 87 of the Family Code:

“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.”

Key Points:

General Prohibition: As a rule, donations between spouses during the marriage are deemed void. The law aims to prevent undue advantage or potential fraud against creditors and to protect the property regime of the marriage.
Exception – Moderate Gifts: Despite the general prohibition, moderate gifts on occasions such as anniversaries, birthdays, or family celebrations are allowed and are considered valid. The law acknowledges small tokens of love or familial celebrations.
Simulated or Indirect Transfers: Even indirect or simulated donations (e.g., transfers via intermediaries) are covered by the prohibition. Courts may declare them void if they are essentially disguised donations between spouses.

2.2. Donations by Reason of Marriage (Articles 82–86, Family Code)

These provisions govern donations made by third persons or by one future spouse to the other in consideration of the upcoming marriage—generally referred to as “donations propter nuptias.” However, these primarily apply before the marriage, not during the marriage itself.

3. Exceptions or Special Situations

Marriage Settlements or Pre-Nuptial Agreements
- A validly executed pre-nuptial agreement can set out property regimes or allow certain types of donations that ordinarily might be disallowed under absolute community or conjugal partnership rules. However, it cannot validate an outright donation that violates Article 87; rather, it can define property ownership to minimize conflicts.
Separation of Property
- If the spouses validly adopt a complete separation of property (through a pre-nuptial agreement or by court-approved judicial separation of property), each spouse is typically free to dispose of his or her exclusive property. Even then, the general prohibition on donations directly between spouses during marriage still applies under Article 87, although there is less risk of confusing which property belongs to whom.
Moderate Gifts on Family Occasions
- As noted, small tokens given during birthdays, anniversaries, or other family events are specifically exempted from the prohibition, so long as they can be deemed “moderate.”
Waivers of Rights or Renunciations
- Sometimes, a spouse may waive certain hereditary or successional rights or share of conjugal assets for various reasons. Such waivers or renunciations may be allowed but must comply with the formalities set forth in law (e.g., in a public instrument, usually upon dissolution of the marriage or at the proper time under succession laws). A waiver is not always the same as a donation, but authorities will carefully scrutinize it to make sure it is not a disguised donation.

4. Property Rights Implications

4.1. Impact on Absolute Community of Property (ACP)

Under ACP:

Community Property: Almost all property owned by the spouses at the time of marriage and acquired thereafter becomes part of the community, except those excluded by law (e.g., property acquired by gratuitous title during marriage by either spouse alone, personal or heirloom items).
Void Donations to the Other Spouse: Any attempt to donate community property to the other spouse is, by default, void (except moderate gifts). It also effectively would just revolve property within the community, rendering the donation superfluous or potentially invalid.

4.2. Impact on Conjugal Partnership of Gains (CPG)

Under CPG:

Exclusive Properties vs. Conjugal Properties: Property owned before the marriage is exclusive property; properties acquired for valuable consideration during the marriage and fruits/income of the exclusive properties generally form part of the conjugal partnership.
Donation of Conjugal Property: If one spouse seeks to donate conjugal property to the other spouse, Article 87’s prohibition generally still applies.

4.3. Impact on Creditors and Third Parties

Donations that violate Article 87 are void and have no legal effect. If either spouse’s creditors or future heirs suspect a donation is a simulated or disguised transfer, they may challenge it in court to protect their rights to conjugal or community property.

5. Formal Requirements for Donations (In General)

Even when a donation is valid—such as moderate gifts or donations made to a spouse before marriage—there are formalities that apply:

Formality Requirements (Civil Code, Articles 748–749)
- Donation of Movable Property: If the value exceeds PHP 5,000, the donation and its acceptance must be in writing.
- Donation of Immovable Property: Must be made in a public instrument (i.e., a notarized document), and acceptance must be in the same or a separate public instrument notified in writing to the donor.
Acceptance
- The acceptance is crucial for the donation’s validity. It must comply with the same formalities as the donation itself.
Registration
- If the donation involves real property, the Deed of Donation (including the donee’s acceptance) should be registered with the Register of Deeds to bind third parties.

6. The “Deed of Donation” Explained

Despite Article 87’s prohibition for donations between spouses during marriage, a married couple might still execute a “Deed of Donation” in certain situations:

Property Donated Before Marriage
- A donation executed before marriage (i.e., “propter nuptias”) in anticipation of the wedding is a recognized exception and must follow the formalities outlined in law.
Moderate Gifts
- Often, “minor” or “token” gifts do not require a formal Deed of Donation, but if a spouse insists on having a written instrument, it should clarify that it is a moderate gift pursuant to Article 87’s exception.
Donations to Spouse’s Family or Children
- A donation may be made by one spouse to children or family members; that is generally permissible, but one must be mindful if the child is a common child (or separate child) of the spouses and how it affects the conjugal or community property.
Judicial Separation of Property
- If spouses are under a judicially approved separation of property regime, a Deed of Donation might be valid if it truly involves separate assets. However, even in separation of property, the Family Code’s ban on direct donations between spouses remains the guiding rule unless it falls under an exception (e.g., moderate gifts).

Practical Tip: In many instances, a Deed of Donation among married spouses during marriage can be declared void, so lawyers typically recommend alternative legal structures (such as setting up a trust, or transferring property to children, if appropriate and lawful, or giving moderate gifts under the recognized exceptions).

7. Common Misunderstandings

“A spouse can freely donate property to the other if it is his/her own exclusive property.”
- This is not automatically true. Article 87 prohibits all donations between spouses during marriage except moderate gifts, regardless of the property’s classification.
“Registering the deed makes it valid.”
- Registration has no curative effect if the donation itself is void under Article 87.
“It’s okay because it’s a disguised sale.”
- If proven to be a simulated or disguised donation between spouses, it is still void.

8. Practical Considerations and Recommendations

Seek Legal Advice: Because of the absolute prohibition in Article 87, any planned transfer of property between spouses must be evaluated by a lawyer to avoid executing a void document.
Use Gifts of Nominal Value: If the spouses wish to give each other symbolic items (jewelry, tokens, etc.), these should be commensurate with their financial standing so as to be viewed as “moderate” under the law.
Consider Other Estate Planning Tools:
- Wills and Testaments: A spouse may freely designate the other spouse as an heir within the bounds of legitimes.
- Trusts and Business Entities: Assets can be placed in a trust or corporation where each spouse holds shares—although these arrangements must be carefully structured to avoid contravening Article 87.
Document Movable or Immovable Donations Correctly: When a valid donation scenario exists (e.g., donation propter nuptias, donation to children, etc.), always comply with the formal requirements: notarization for immovable property, registration in the Register of Deeds, and a proper acceptance clause.

9. Conclusion

In the Philippines, the law imposes a strict rule that donations between spouses during marriage are generally void, with the narrow exception of moderate gifts given on special family occasions. This rule, embodied in Article 87 of the Family Code, is designed to protect the integrity of the family’s property regime and the rights of creditors and heirs.

Any “Deed of Donation” involving spouses must be scrutinized carefully:

If it is executed before marriage (a donation propter nuptias), it must follow relevant legal formalities.
If it is during marriage, it is presumptively void unless it is a moderate gift on a special occasion.
Even in a separation of property regime, the statutory prohibition still applies unless the gift is genuinely moderate.

Spouses are thus strongly advised to consult legal counsel when contemplating property transfers to each other, to ensure compliance with legal requirements and to avoid creating a void or unenforceable instrument.