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Sunday, February 2, 2014

What is the extent of the prohibition on donations during the marriage and why?

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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. (Art. 87)

The prohibitions apply to a couple living as husband and wife without benefit of marriage, otherwise, “the condition of those who incurred guilt would turn out to be better than those in legal union.” (Ching vs. Goyanko, Jr., G.R. No. 165879, November 10, 2006)

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