1) The core question: “Can lolo/lola transfer land directly to an apo without the children’s consent?”

It depends on (a) whether the grandparent is still alive, (b) who legally owns the land, and (c) whether the property is a family home, conjugal/community property, or subject to special restrictions.

General rule (grandparent alive; grandparent is the owner)

If the grandparent is alive and is the registered owner (or otherwise the sole lawful owner), they generally may transfer the property directly to a grandchild through a Deed of Sale or Deed of Donation without needing the children’s consent.

Big exceptions where consent/signatures matter

Even if the grandparent wants a direct transfer, children’s consent (or other people’s consent) may be required if:

The land is not solely owned by the grandparent (co-ownership with children/siblings/others; inherited property not yet partitioned; multiple names on title).
The property is conjugal partnership/community property with a spouse (living spouse’s consent is typically needed).
The property is declared/treated as a family home (alienation/encumbrance has special consent requirements).
The property is subject to legal restrictions (e.g., agrarian reform awarded land, ancestral land rules, mortgage/lis pendens, court orders).
The grandparent is already deceased (transfer is now an estate settlement issue; heirs’ participation is usually required).

2) Situations and the correct legal path

A. Grandparent is alive and is the sole owner on the title

Option 1: Deed of Absolute Sale (Grandparent sells to grandchild)

Children’s consent is generally not required if the grandparent is the sole owner and the property is not restricted.

Pros

Harder (not impossible) to attack than a donation when properly supported by real payment and fair dealing.
Allows the grandparent to dispose during lifetime.

Risk points

If the “sale” is actually not paid and merely disguised to avoid donor’s tax/estate issues, heirs may later claim it’s a simulated sale (really a donation), or an arrangement to defeat legitime.
If price is grossly inadequate and circumstances look suspicious, heirs may allege undue influence/fraud.

Tax and transfer cost overview (typical components)

Capital Gains Tax (CGT) for sale of real property classified as a capital asset: commonly 6% of the higher of selling price, fair market value (zonal or assessor’s, depending on rules applied).
Documentary Stamp Tax (DST) on sale (commonly 1.5% of higher base).
Local transfer tax (rate varies by LGU).
Registration fees, issuance fees, etc.

(Classification—capital vs ordinary asset—can change computations. Most private individual sellers of non-business real property fall under capital asset treatment.)

Option 2: Deed of Donation (Grandparent donates to grandchild)

Children’s consent is generally not required for a donation by a sole owner while alive—but this option is more vulnerable to later heir challenges.

Key concept: “Legitime” and inofficious donations Philippine succession law protects compulsory heirs through legitime (the portion of the estate reserved by law). Even if the grandparent can donate during life, a donation that impairs the legitime of compulsory heirs can be reduced after the donor’s death (an “inofficious donation”).

What that means practically

The land may already be titled to the grandchild, but children (as compulsory heirs) may later sue to reduce the donation to the extent it exceeded the disposable portion, potentially requiring:
- return of part of the property, or
- payment/adjustment/equitable settlement depending on circumstances.

Donation formalities

Donation of real property must be in a public instrument (notarized deed) and must be accepted by the donee (grandchild) in the same deed or in a separate public instrument, with proper notice.

Tax and transfer cost overview

Donor’s tax (commonly 6% of net gifts above allowable exemptions/thresholds).
DST may also apply depending on the instrument and BIR treatment.
Local transfer tax and registration fees still apply.

Option 3: Last Will and Testament (Transfer upon death, not direct lifetime transfer)

A will does not transfer title immediately. The property passes upon death and usually requires probate (court process) for effectiveness.

Children’s “consent” is not needed, but children can contest the will (formal defects, incapacity, undue influence, legitime issues).

B. Grandparent is alive but not the sole owner (this is where “children’s consent” becomes real)

1) Title is in the names of grandparent + spouse (or the property is conjugal/community)

If the grandparent is married and the land is conjugal/community property (or otherwise requires spousal participation), the spouse’s consent/signature is typically required for a valid transfer.

Even if the title is in only one spouse’s name, the property may still be conjugal/community depending on when and how it was acquired. A transfer without required spousal participation can be challenged.

2) Title is in the name of “Heirs of ___” or property is inherited but not partitioned

If the land came from a deceased ancestor and has not been properly partitioned, the “grandparent” may only own an undivided share as a co-owner with other heirs (often including the children).

In co-ownership:

A co-owner can generally sell/transfer only their undivided share, not specific portions, unless partitioned.
To transfer the entire property or a specific identified portion, all co-owners (often including the children) must sign.

3) Title is already partly in the children’s names

If children already own a share, their signatures are required for transfer of their share. No workaround exists without:

a voluntary sale/waiver by the child, or
a court process (partition, settlement disputes, etc.).

C. The property is a family home

Under Philippine family law, a property that qualifies as a family home has special protection. Alienation or encumbrance may require the consent of the required beneficiaries (often including adult children/descendants who are beneficiaries), not merely the owner-spouses.

Practical implication Even if the grandparent owns the house/lot, if it is the constituted family home, a direct transfer “without children’s consent” can be legally vulnerable if required beneficiary consent is absent.

D. Grandparent is already deceased (the most common “children must sign” scenario)

Once the grandparent dies, the property becomes part of the estate. Transfer to a grandchild is no longer a simple “direct transfer”; it’s a succession/estate settlement matter.

1) If there is no will (intestate succession)

Who are the heirs?

The grandparent’s children are primary heirs (legitimate/illegitimate rules differ).
Grandchildren inherit by right of representation only if their parent (the grandparent’s child) is already deceased (or otherwise legally incapable to inherit in certain situations).

When children’s signatures become necessary

If the grandparent’s children are living heirs, they are usually required parties in:
- Extrajudicial Settlement of Estate (EJS), and/or
- Deed of partition, transfer documents, issuance of eCAR, etc.

A grandchild cannot simply register the land in their name unless:

the grandchild is the sole heir (rare), or
all heirs (including children) execute a settlement/partition/assignment in the grandchild’s favor, or
there is a court order (judicial settlement/probate/partition).

2) If there is a will (testate succession)

The will must generally be probated. Even if the will names the grandchild, compulsory heirs (children/spouse) still have legitime rights, and the will must comply with formalities.

3) “Without children’s consent” vs “children can still challenge later”

Even where the grandparent can transfer without children signing (e.g., grandparent alive and sole owner), the children may later attack the transaction on recognized grounds:

Common grounds heirs use to attack transfers to grandchildren

Inofficious donation (donation impaired legitime).
Simulation (sale was actually a donation; no real consideration; tax avoidance).
Lack of capacity/consent (grandparent lacked mental capacity; undue influence).
Forgery/defective notarization (technical but powerful if true).
Property regime defects (spousal consent missing; property actually conjugal/community).
Family home violation (beneficiary consent missing where required).
Fraud on creditors (rare in family settings but possible).

Important distinction

Not needing consent to execute is different from being immune from later challenge.

4) Choosing the best route: donation vs sale (practical legal comparison)

If the priority is “no children signatures now”

Sale or Donation can both be done during the grandparent’s lifetime if the grandparent is the sole owner and there are no special restrictions.

If the priority is “reduce future disputes”

A properly documented sale with credible payment and fair price is often less attackable than a donation.
A donation is lawful but frequently becomes the centerpiece of legitime litigation after death.

If the priority is “keep control during lifetime”

Consider alternatives like:
- transferring later through estate planning,
- reserving usufruct (donation with reservation of usufruct) if structured correctly,
- or using arrangements that do not look like a sham sale.

(Each has legal and tax consequences; sloppy drafting creates risk.)

5) Step-by-step: how land title transfer is typically processed (lifetime sale or donation)

While specifics vary by Register of Deeds (RD), LGU, and BIR district, the typical flow is:

Due diligence
- Verify title authenticity (certified true copy from RD)
- Check liens/encumbrances (mortgage, adverse claim, lis pendens)
- Confirm tax status (real property taxes paid)
- Confirm ownership regime (sole, conjugal/community, co-owned, family home)
Prepare and notarize deed
- Deed of Absolute Sale or Deed of Donation (public instrument)
- Include full technical description, TCT number, consideration (for sale), acceptance (for donation), IDs, marital status, etc.
Pay taxes and secure BIR clearances
- File required BIR forms and pay applicable CGT/donor’s tax/DST
- Obtain the BIR’s clearance/eCAR as required for registration
Pay local taxes
- Transfer tax (LGU)
- Update tax declaration (Assessor’s Office)
Register with RD
- Submit deed, tax clearances, receipts, title, IDs, and other requirements
- RD cancels old title and issues new TCT in the grandchild’s name

6) Special “gotchas” that often derail “direct transfers”

A. The grandparent’s title is clean, but the land is agricultural with restrictions

Certain agricultural lands—especially those tied to agrarian reform—may be subject to restrictions on sale/transfer for a period or without approvals. Transfers that violate restrictions can be void or voidable.

B. One heir is a minor / incapacitated

If a required party (in estate settlement or co-ownership) is a minor, court approval/guardianship rules can be triggered.

C. “Extra-judicial settlement with deed of donation” shortcuts

People sometimes try to mix documents to bypass proper succession rules. If the grandparent is deceased, attempting to “donate” estate property without proper settlement and heir participation is a common basis for invalidation.

D. Tax values and “undervaluation”

Undervaluing consideration can create:

tax assessments/penalties, and
evidentiary fuel for heirs claiming simulation.

7) Summary of when children’s consent is NOT required vs required

Children’s consent is generally NOT required when:

The grandparent is alive, mentally competent, and the sole owner, and
The property is not conjugal/community requiring spouse consent, not co-owned, not restricted, and not a family home needing beneficiary consent, and
The transaction is properly executed (sale/donation formalities observed).

Children’s consent/signature is commonly required when:

The grandparent is deceased and the transfer is through estate settlement (children are heirs).
The children are co-owners (inherited property not partitioned; shared title).
The property is conjugal/community and the spouse must participate.
The property is a family home requiring beneficiary consent for alienation/encumbrance.
The property has legal restrictions that require approvals/consents.

8) Practical legal positioning to minimize dispute risk (within Philippine law)

Confirm ownership and property regime first (many “no-consent” plans fail because the grandparent is not the sole owner in law).
If proceeding via sale, ensure:
- credible payment trail (receipts, bank transfer),
- realistic consideration,
- clean notarization, and
- no coercion/undue influence indicators.
If proceeding via donation, expect potential future legitime-based claims and:
- document donor capacity,
- keep family disclosures clean where appropriate,
- and understand “reduction” risk.
Treat family home status as a red-flag issue; confirm whether beneficiary consent requirements apply.
If the grandparent is already deceased, accept that the correct route is estate settlement—a “direct transfer” without heirs’ participation is usually not legally sustainable.