1) The real issue behind “consent”

In Philippine practice, “children’s consent” can mean any of these:

A required signature for a valid transfer (because the children are co-owners/heirs/beneficiaries with legal rights that must be respected now), or
A future right to challenge what the grandparent did (because compulsory heirs have legitime rights that can be enforced later, usually after death).

A grandparent can often transfer property without the children signing, but that does not always make the transfer immune from later attack.

2) The first fork: is the grandparent alive or deceased?

A. Grandparent is alive

If the grandparent is alive, the main questions are ownership and property regime. If the grandparent has full power to dispose, the grandparent may sell/donate to a grandchild without children’s consent.

B. Grandparent is deceased

If the grandparent is deceased, the property is part of the estate. Transfer to a grandchild is governed by succession and usually requires participation of heirs or a court proceeding. In most ordinary cases, “no children’s consent” is not feasible once the owner dies, because the children are usually heirs.

3) “Can lolo/lola transfer directly to apo without children’s consent?”

General rule (grandparent alive + has power to dispose)

A living grandparent who is the sole owner (and not legally restricted) may transfer land to a grandchild via:

Sale (Deed of Absolute Sale), or
Donation (Deed of Donation),

without needing the children’s consent.

This is consistent with basic property principles: the owner has the right to dispose of property, subject to legal limits.

4) The limits that create a “consent/signature requirement”

A. The grandparent is not the only owner

Even if the title is in the grandparent’s name, the grandparent may not be the only person with legally enforceable rights.

1) Co-ownership (Civil Code)

Under co-ownership rules (commonly invoked under Civil Code, Art. 493), a co-owner may generally dispose only of:

the undivided share they own, not the whole, and
cannot unilaterally transfer a definite portion if the property has not been partitioned.

Effect: If children are co-owners (common in inherited “undivided” land), their signatures are required to transfer the children’s shares or the entire property.

2) “Heirs of ___” / inherited property not yet settled

If the land is inherited and not properly settled/partitioned, the “grandparent owner” is often only an heir/co-owner of an undivided interest.

Effect: A grandparent can’t validly transfer what they don’t exclusively own.

B. The property is conjugal/community property (spousal participation required)

If the grandparent is married and the land is part of the marital property regime, the spouse’s participation/consent can be essential.

Key Family Code provisions:

Family Code, Art. 96 (Absolute Community): disposition generally requires spouse’s consent, otherwise the transaction is void/voidable under the Code’s mechanisms.
Family Code, Art. 124 (Conjugal Partnership): similarly requires spouse’s consent for disposition of conjugal property.

Important practical point: Even if the title is only in the grandparent’s name, the land might still be conjugal/community depending on when and how acquired. If a spouse’s consent is required but absent, the transfer can be challenged.

C. The property is the family home

Under Family Code, Arts. 152–159, the family home enjoys special protection. Alienation/encumbrance of a valid family home typically requires the consent of:

the spouses (if married), and
in many situations, the consent of the family home beneficiaries required by law (depending on facts).

Effect: A transfer that ignores family home protections can be vulnerable.

D. The property is restricted by special laws or encumbrances

Typical issues:

Agrarian reform-awarded lands with transfer restrictions
Mortgages, adverse claims, lis pendens, court injunctions
Ancestral domain/ancestral land regimes (different rules, often requiring community/NCIP processes)
Corporate/foreign ownership limits (if the grandchild is not qualified, the transfer cannot be registered validly)

Effect: Restrictions can block or invalidate transfers regardless of “consent.”

5) Transfer methods while grandparent is alive: Sale vs Donation vs Will

A. Sale to a grandchild (Deed of Absolute Sale)

1) Consent issue

If the grandparent has full power to dispose (sole owner, no spousal/family-home/co-ownership restrictions), children’s consent is not required.

2) Why sale is commonly chosen

A properly executed sale tends to be less vulnerable than a donation—provided it is real:

genuine consideration,
credible payment trail,
fair dealing.

3) Common heir attacks against a “sale”

Children/heirs often challenge “sales” to grandchildren as:

simulated (not a true sale), or
disguised donation meant to defeat legitime.

A simulated sale can be treated as void or recharacterized depending on proof and circumstances, and then the legitime rules may bite.

4) Tax/fees (typical)

A conventional checklist for a capital asset sale commonly includes:

Capital Gains Tax (often 6% of the higher base)
Documentary Stamp Tax (often 1.5% of the higher base)
Local transfer tax + registration fees

(Exact computation depends on classification and the applicable valuation base used by the BIR/LGU processes.)

B. Donation to a grandchild (Deed of Donation)

1) Consent issue

Children’s consent is generally not required for a valid donation during the donor’s lifetime if the donor has the right to dispose.

2) The big legal vulnerability: legitime and “inofficious donation”

Children are typically compulsory heirs. The law reserves to compulsory heirs a portion of the estate called legitime (Civil Code, Book III on Succession).

Even if the donation is valid today, it can be reduced later if it impairs legitime. This concept is commonly discussed as inofficious donations and reduction/abatement in succession law.

3) Collation and accounting (common family litigation trigger)

Donations to descendants can be brought into the estate computation as part of the process of determining legitime and equalization, depending on the factual and legal classification of the donation.

4) Strict formalities for donations of real property

Donation of immovable property requires:

a public instrument describing the property and the charges, and
acceptance by the donee either in the same public instrument or in a separate public instrument, with proper notice.

Defects in form are a common way donations get attacked.

5) Taxes/fees (typical)

Donation commonly triggers:

Donor’s tax (often 6% of net gifts beyond allowed exclusions/thresholds)
Registration fees, transfer tax, etc.

C. Will (transfer upon death)

A will does not “transfer title” immediately. It is implemented through succession, commonly requiring:

probate (court validation of the will), and
estate settlement.

Even with a will favoring a grandchild, compulsory heirs’ legitime rights still operate.

6) If the grandparent is deceased: why “direct transfer without children’s consent” usually fails

Once the grandparent dies, land becomes part of the estate. To transfer land, you normally need:

Extrajudicial settlement (if allowed and all heirs agree), or
Judicial settlement / probate / partition proceedings (if there is dispute, missing heirs, minors, or other disqualifying facts).

A. Intestate succession (no will)

Children are usually primary heirs.
Grandchildren typically inherit by right of representation only when their parent (the child of the decedent) is already deceased (or in certain legally recognized cases).

Practical effect: If the decedent’s children are alive, the grandchild usually cannot leapfrog them without the children’s participation (assignment/waiver/settlement) or a court process.

B. Testate succession (with will)

Will must comply with formalities and be probated.
Legitime of compulsory heirs must still be respected.

7) The “consent today” vs “lawsuit tomorrow” distinction (the heart of the topic)

A. When children truly have no signature power today

Children generally have no power to stop a living, competent grandparent who:

is the sole owner,
is not constrained by spousal consent rules,
is not constrained by family home rules,
is not constrained by co-ownership,
is not constrained by special restrictions.

B. When children can attack later

Even if no consent was required, children can later file actions based on:

Reduction of inofficious donations (legitime impairment)
Simulation (sale not genuine)
Incapacity / undue influence
Defective notarization / falsity / forgery
Violation of marital property rules (no spousal consent)
Family home violations
Fraud in prejudice of creditors (rarer but possible)

8) Practical checklist: how to know if children’s consent is required as a matter of law

A “children’s consent required” situation is usually present if you answer “yes” to any of these:

Are the children named on the title (co-owners)?
Is the title in the name of “Heirs of ___” or is the property inherited and not yet partitioned?
Was the property acquired during marriage and likely conjugal/community (spouse still living)?
Is the property the family home?
Is the land subject to mortgage/adverse claim/lis pendens/court order?
Is it agrarian reform land or otherwise legally restricted?

If yes, “direct transfer without children’s consent” is often not legally doable or is high-risk.

9) Procedure overview for a lifetime transfer (sale or donation) that can be registered

A typical sequence:

Title and encumbrance checks at the Register of Deeds
Tax clearance and RPT verification at the LGU
Confirm marital property regime and whether property is a family home
Prepare and notarize the correct deed (sale or donation; donation requires valid acceptance)
Pay national taxes and secure the BIR clearance needed for registration
Pay local transfer tax; update tax declaration at assessor
Register at RD and obtain the new TCT in the grandchild’s name

10) Bottom line rules (Philippine context)

Children’s consent is generally NOT required to execute a transfer when:

the grandparent is alive and competent, and
the grandparent is the sole owner with full power to dispose, and
no spousal consent, family home, co-ownership, or special restrictions apply.

Children’s consent/signature is commonly required when:

the grandparent is deceased (estate settlement rules apply), or
children are co-owners/heirs with present ownership rights, or
the property is conjugal/community (spouse’s consent required), or
family home rules apply, or
special restrictions/encumbrances prevent free transfer.

Even without consent, children may still have future remedies

especially where the transfer is a donation impairing legitime, or a sale that is not a genuine sale.