Here’s a practical, lawyerly overview of everything you need to know about spousal consent for donations in the Philippines, written for a Philippine legal context and practice. I’m not browsing, per your request, so this relies on settled, widely-taught rules from the Civil Code and Family Code.

What “spousal consent” is about

“Spousal consent” concerns dispositions (acts of ownership) over property during marriage—donations being a classic disposition. Whether consent is needed turns on (a) who owns the property (community/conjugal vs. exclusive), (b) the marital property regime, and (c) who the donee is (a spouse, a child, a third person).

1) Donations between spouses (during marriage)

General rule: void. As a matter of public policy, donations between spouses during the marriage are void, regardless of whether the property is community/conjugal or exclusively owned by the donor spouse.
Narrow exception: moderate gifts on occasions of family rejoicing (e.g., birthday/anniversary/Christmas tokens) are allowed.
Rationale: Prevents undue influence and clandestine transfers that could prejudice family, creditors, or compulsory heirs.

Practice tip: If a spouse wants to benefit the other, use tools that are not donations during marriage (e.g., well-drafted pre- or post-nuptial settlements approved as required by law, life insurance with the spouse as beneficiary, or testamentary planning consistent with legitimes).

2) Donations of community/conjugal property to third persons

The Family Code requires joint administration and consent for dispositions of community/conjugal property—donations included.

Absolute Community of Property (ACP) and Conjugal Partnership of Gains (CPG):
- Disposition/encumbrance requires the written consent of the other spouse or court authority.
- Without the other spouse’s written consent (or court approval), a donation of community/conjugal property is void.
- If spouses disagree, either may go to court; the court may authorize the transaction if it serves the family’s best interests.
Scope: Applies to both movables and immovables if they are community/conjugal. A donation of community cash, a vehicle, or land—same rule: get written spousal consent (or court authority).

Practice tip:

Obtain clear, written consent (ideally notarized) from the non-donating spouse before executing the deed of donation.
If consent is refused and the donor insists (e.g., to fulfill a serious family commitment), petition the court for authority; courts assess benefit/prejudice to the family.

3) Donations of exclusive (separate) property of one spouse to third persons

General rule: A spouse may donate his/her exclusive property without the other spouse’s consent.
Limits still apply:
- The donor cannot donate more than he/she may give by will (must respect legitimes of compulsory heirs).
- Donations intended to defraud creditors are rescissible.
- Public policy prohibitions (see “Prohibited donations,” below) still apply.

What counts as “exclusive” property?

Property brought into the marriage and validly excluded by marriage settlements;
Property acquired during marriage by gratuitous title (e.g., inheritance or gift) that the law treats as exclusive;
Property expressly excluded by the Family Code (with nuances depending on ACP vs CPG). (Note: Under ACP, property acquired during the marriage by gratuitous title remains exclusive to the donee, though fruits/income rules differ by regime.)

4) Special regimes & situations

Judicial separation of property / forfeiture / separation decrees: If spouses are under separation of property, each spouse freely donates his/her own property (subject to general donation rules). No spousal consent is needed because there is no common fund to protect.
Property acquired with mixed funds: If title or funds are mixed (partly exclusive, partly community), be careful—pro-rata characterization or reimbursement rules may apply. If any community/conjugal participation exists, treat it as requiring spousal consent (or segregate and document the exclusive portion first).

5) Prohibited donations (public policy bars)

Some donations are void regardless of spousal consent:

Between spouses during marriage (except moderate gifts on family occasions) — void.
Between persons guilty of adultery/concubinage with each other at the time of donation — void.
Donations in consideration of an illicit or immoral cause (e.g., to secure a crime) — void.

6) Formal requirements for donations (form & acceptance)

Spousal consent answers “may we donate?” Formalities answer “how do we donate validly?”

Immovables: Donation must be in a public instrument, stating the donated property; acceptance must also be in a public instrument (in the same or a separate deed), with due notification if separate.
Movables:
- If of small value relative to the donor’s means, delivery can perfect the donation.
- If of considerable value, a written instrument is required.
Acceptance by the donee is essential; without acceptance, no donation arises.
If community/conjugal property is donated: attach the other spouse’s written consent (or the court order authorizing the donation).

7) Capacity & quantitative limits

Donor must have capacity to dispose at the time of donation.
Donor cannot donate future property.
Donations must not impair legitimes of compulsory heirs (spouse, descendants/ascendants, as applicable). Excess is inoficioso and reducible.

8) Revocation, reduction, rescission

Revocation for ingratitude or breach of donor-imposed conditions follows Civil Code rules (e.g., serious offenses by the donee against the donor).
Reduction for inofficiousness protects legitimes; heirs may sue to reduce excessive donations.
Rescission for lesion or fraud against creditors is possible.
If the donation of community/conjugal property lacked required spousal consent, it is void; typical remedies include declaration of nullity and ancillary relief (e.g., reconveyance/annotation cleanup).

9) Children and family-oriented giving

Donations to common legitimate children are generally permissible, but:
- If sourced from community/conjugal property, they still require the other spouse’s written consent (or court authority).
- Ensure you respect legitimes of other compulsory heirs.
- For minors, acceptance is by the child’s legal representative (often the parents), watching for conflicts of interest; courts may appoint a guardian ad litem when appropriate.

10) Tax & registration (practical compliance)

(Strictly legal practice touchpoints—tax specifics change, but the workflow is stable.)

Donor’s tax may apply. If the property is community/conjugal, both spouses are treated as donors pro-indiviso; execution and tax filings typically bear both signatures or a clear basis for single-signature filing (e.g., court authority).
Real property donations require notarization, BIR processing, transfer/registration with the local assessor/registry, and annotation of any conditions.
Document the marital property character (e.g., marriage settlement, titles, proofs of exclusive acquisition) to support the consent posture taken.

11) Common pitfalls & how to avoid them

Donating community assets without spousal consent. Outcome: void deed; clouded title; litigation risk.
- Cure: Don’t rely on after-the-fact signatures; obtain consent before execution, or seek court authority in case of disagreement.
Confusing “exclusive” with “community.” Titles or funds co-mingled? Assume community until proven exclusive, or do a partition/segregation first.
Trying to gift to your spouse. During marriage, that’s void (beyond modest customary gifts). Consider estate planning tools instead.
Skipping acceptance or formalities. Even with consent, lack of proper form and acceptance kills the donation.
Ignoring legitimes/creditors. Excessive or fraudulent transfers invite reduction/rescission.

12) Quick decision tree

Who owns the property?
- Community/Conjugal → Written consent of other spouse (or court authority) required.
- Exclusive → No spousal consent needed (unless donee is the spouse, which is void).
Who is the donee?
- Spouse → Void (save moderate customary gifts).
- Child/Third person → Proceed if not otherwise prohibited.
Have you satisfied form/acceptance and respected legitimes/tax?
- Immovable → Notarized public instrument + acceptance.
- Movable (considerable value) → Written deed + acceptance.
- Movable (small value) → Delivery can suffice.

13) Sample clause pack (practical drafting snippets)

Spousal consent recital (community property): “This donation involves property forming part of the spouses’ [absolute community/conjugal partnership]. The written consent of [Name of Non-Donor Spouse] is hereunto appended pursuant to the Family Code.”
Consent signature block: “I, [Name], the spouse of the Donor, freely and voluntarily give my written consent to the donation herein, this [date], at [place].”
Court-authority reference (if applicable): “Pursuant to the Order dated [date] in [Case No.], authorizing the donation as beneficial to the family, this Deed is executed accordingly.”
Character of property: “The parties acknowledge that the property donated is [exclusive property of the Donor / part of the absolute community] by virtue of [basis: marriage settlement, title history, gratuitous acquisition].”

Bottom line

Donations between spouses during marriage → Void (except moderate customary gifts).
Donations of community/conjugal property to others → Need the other spouse’s written consent or court authority; otherwise void.
Donations of a spouse’s exclusive property to third persons → No spousal consent needed, but all the usual donation limits and formalities still apply.

If you want, tell me your intended donor, donee, property details, and marital regime, and I’ll draft a tailored consent-compliant deed and a short compliance checklist you can use with the notary and assessor.