Including Minors in a Deed of Sale in the Philippines
1. Who is a “minor” and why capacity matters
- Age of majority. Since December 13 1989, a Filipino reaches majority at 18 years under Republic Act 6809. Therefore anyone below 18 is a minor and is legally incapacitated to give consent to a contract. (R.A. 6809 - LawPhil)
- Civil-Code rule on consent. Article 1327 declares that unemancipated minors “cannot give consent to a contract.” (R.A. 386)
- Effect on contracts. A deed of sale signed by, or in favor of, a minor is voidable (binding until annulled) under Article 1390, annulment being imprescriptible until four years after the minor reaches 18 (Art. 1391). (R.A. 386)
2. When do minors appear in deeds of sale?
| Situation | Typical reason | Legal handle |
|---|---|---|
| Minor as seller / co-owner | Inherited land or donated property | Needs a court-approved guardian’s sale |
| Minor as buyer | Parents invest in child’s name, or receive property in settlement | Contract is voidable but may be ratified at or after age 18 |
A minor can own property, but cannot act on the ownership without proper representation; parents or a judicial guardian must step into the contract.
3. Parental authority vs. judicial guardianship
- Article 225, Family Code. Parents are legal guardians of their unemancipated child’s property without need of court appointment. (Title IX – Parental Authority (Family Code) - Law Library)
- Limits on parents. Any act of disposition (sale, donation, mortgage, long lease) of the child’s property requires prior court authority (Rules 92-97, Rules of Court). (Special Proceedings - The LawPhil Project, RULES OF COURT IN THE PHILIPPINES, January 01, 1964)
- Judicial guardian. If both parents are dead, absent, or conflicting, the family court names a guardian (Rule 93). The guardian must post a bond (Rule 94) before acting. (Special Proceedings - The LawPhil Project)
4. The special proceeding for a guardian’s sale
| Step | Key rule / document |
|---|---|
| 1. Petition explaining why sale benefits the ward (insufficient income, better investment, etc.) | Rule 95 §1 (Rules of Court - LawPhil) |
| 2. Notice & hearing to next-of-kin and interested parties | Rule 95 §2-3 (Rules of Court - LawPhil) |
| 3. Court order fixing price / minimum bid; valid one year | Rule 95 §4-5 ([Rule 95 |
| **4. Execution of “Deed of Absolute Sale (Guardian)” citing the case number and order | practice |
| 5. Registration with the Registry of Deeds; court order and letters of guardianship must be presented and annotated on the title under PD 1529 | (P.D. No. 1529 - LawPhil) |
Practical tip: Ask for certified true copies of (a) Letters of Guardianship, (b) the RTC order allowing the sale, and (c) the guardian’s bond approval before you release payment.
5. Buying property for a minor
Parents often put the child’s name as buyer (“Juan Dela Cruz, 16, Filipino, represented by his father Pedro Dela Cruz”). The deed is still voidable because the child gave no consent, but the risk is low if:
- Both parents sign (or the solo parent proves sole authority);
- Consideration is fair;
- The child ratifies the sale—e.g., executes an Affidavit of Ratification after turning 18.
If either parent refuses, the same guardianship-and-court-approval route applies.
6. Taxes and transfers
The Bureau of Internal Revenue does not grant tax breaks because a party is a minor. The usual checklist for an eCAR still applies (CGT or VAT, DST, Documentary Stamp, etc.), plus:
- Court order or parental affidavit of consent;
- PSA birth certificate of the minor;
- IDs of the signing parent/guardian. ([PDF] 2024 EDITION, VERSION 3 - BIR)
7. Notarial and drafting requirements
- State the minor’s exact age and the capacity of the representative (parent under Art. 225 or court-appointed guardian). The LRA form for deeds of sale specifically instructs notaries to identify minors this way. ([PDF] DEED OF ABSOLUTE SALE)
- Attach all authority documents; notaries may refuse if representation is unclear.
- Signatures: the guardian signs twice—once in his own name and once “in representation of…”.
8. Consequences of non-compliance
| Defect | Result | Remedy / prescriptive period |
|---|---|---|
| Sale of a minor’s property without court approval | Rescissible under Art. 1381 (3); action prescribes in 4 years from majority or restoration of capacity | Annulment or rescission suit |
| Sale signed by minor alone | Voidable (Art. 1390); 4 years from majority | Annulment or ratification |
| Sale where guardian acts beyond court order (e.g., lower price) | Voidable; buyer in bad faith may be liable for damages | Annulment + damages |
Recent cases underscore the risk: in Delos Santos v. Delos Santos (2023) the Supreme Court voided conveyances that excluded co-heirs, some of whom were minors, and ordered reconveyance of titles. (G.R. No. 258887 - LUZ DELOS SANTOS, MINORS FRANCIS DELOS SANTOS, CATHERINE DELOS SANTOS, AND LORENCE DELOS SANTOS, PETITIONERS, VS. DEMY ALMA M. DELOS SANTOS, MONTANO M. DELOS SANTOS JOINED BY HIS WIFE ANALIZA G. DELOS SANTOS, IRENE ANGELA D. CLEMENTE JOINED BY HER HUSBAND ANGELO CLEMENTE, AND SEATIEL M. DELOS SANTOS JOINED BY HIS WIFE MICHELLE R. DELOS SANTOS, RESPONDENTS.D E C I S I O N - Supreme Court E-Library)
9. Illustrative jurisprudence
| Case | G.R. No. / Date | Take-away |
|---|---|---|
| Heirs of Malate v. Gamboa | 189420, Sept 24 2014 | Co-owner may sell only his undivided share; minors must be represented. (Buying Inherited Property Not Yet Transferred to Heirs) |
| Spouses Abalos v. Heirs of Gomez | 158989, June 16 2006 | Sale by an incapacitated vendor is voidable, not void. |
| Delos Santos v. Delos Santos | 258887, July 31 2023 | Transfers that prejudice minor heirs are inexistent as to the excluded heirs. (G.R. No. 258887 - LUZ DELOS SANTOS, MINORS FRANCIS DELOS SANTOS, CATHERINE DELOS SANTOS, AND LORENCE DELOS SANTOS, PETITIONERS, VS. DEMY ALMA M. DELOS SANTOS, MONTANO M. DELOS SANTOS JOINED BY HIS WIFE ANALIZA G. DELOS SANTOS, IRENE ANGELA D. CLEMENTE JOINED BY HER HUSBAND ANGELO CLEMENTE, AND SEATIEL M. DELOS SANTOS JOINED BY HIS WIFE MICHELLE R. DELOS SANTOS, RESPONDENTS.D E C I S I O N - Supreme Court E-Library) |
10. Checklist for lawyers and conveyancing professionals
- Identify all minors in the chain of title; secure PSA birth certificates.
- Determine who has authority—parent (Art 225) or guardian; note any conflicts between parents.
- For disposition by minors: start a guardianship case and obtain a Rule 95 order before drafting the deed.
- For acquisitions: draft deed in the minor’s name with representation clause; plan for future ratification.
- Verify guardian’s bond and order are still within the one-year validity when the deed is notarized.
- Pay taxes and secure eCAR using the same BIR forms but attach the authority documents.
- Register deed promptly (ideally within 30 days) so the court order and guardianship are annotated on the new TCT. (P.D. No. 1529 - LawPhil)
11. Key take-aways
- Minors may own property but cannot alienate or encumber it without valid representation.
- Parental authority suffices for “ordinary administration,” not for a sale; courts police every act of disposition.
- A deed of sale involving a minor is never per se void—but the margin for error is small, and rescission or annulment remains a serious threat for four years beyond the child’s 18th birthday.
- Buyers, sellers, notaries, and registrars must insist on the Rule 95 court order (if the minor is a seller) or a clear representation clause and eventual ratification (if the minor is a buyer).
Handle these safeguards correctly and a transaction with a minor on the title can be as secure as any other conveyance in Philippine law.