In the Philippines, property disputes among family members are a common source of legal friction. A frequent point of contention is whether parents have the absolute right to sell "hereditary property"—land or assets inherited from their own ancestors—without seeking the permission of their children.
Under the Civil Code of the Philippines, the answer is generally yes, but the legal nuances depend on the timing of the sale and the nature of the ownership.
1. The Principle of Absolute Ownership
As long as the parents are alive, they remain the absolute owners of their properties, whether those properties were purchased (onerous title) or inherited (lucrative title).
According to Article 428 of the Civil Code, an owner has the right to enjoy and dispose of a thing without other limitations than those established by law. Because the children are only "heirs-in-waiting," they do not have a vested right in their parents' property while the parents are still living.
Key Concepts:
- Vested Rights: A right that has become a complete and consummated property interest.
- Inchoate Rights: A right that is expected or contingent. Children only have an inchoate right to their parents' estate. This right only matures into actual ownership upon the death of the parent.
2. When Consent is NOT Required
In the following scenarios, parents may legally sell property without even informing their children:
- Exclusive Property: If the property was inherited by one parent before or during the marriage, it is generally considered their exclusive property (depending on the marriage property regime). They may sell it at will.
- Conjugal/Community Property: If the property is part of the absolute community or conjugal partnership, the parents must agree between themselves to sell it, but they do not need the consent of their offspring.
- Support and Necessity: A parent may sell property to fund their own medical expenses, daily needs, or even for no reason at all, as the law does not require parents to preserve an inheritance for their children.
3. The Exception: When Consent IS Required
There are specific circumstances where a child's signature or consent becomes legally necessary:
A. The Property is Already Co-owned
If the property has already been partially transferred to the children (e.g., through a previous Deed of Donation or a prior settlement of a deceased spouse's estate), the children become co-owners. Under Article 491, any alteration or alienation (sale) of a thing owned in common requires the consent of all co-owners.
B. Death of One Parent
If the property belonged to the conjugal partnership and one parent dies, the surviving parent cannot sell the entire property alone.
- The deceased parent’s half of the estate immediately transmits to their heirs (the surviving spouse and the children) by operation of law (Article 777).
- The surviving parent only owns their 50% share plus their inherited portion. To sell the whole lot, the children must sign the Deed of Sale as co-heirs.
4. The Issue of "Legitimes"
A common misconception is that the "legitime" (the portion of an estate reserved by law for compulsory heirs) prevents parents from selling property while alive.
The Law Clarified: The protection of the legitime only applies to the remains of the estate at the time of death. The law does not prevent a person from disposing of their entire fortune while they are alive, provided those disposals are not "inofficious" (donations that exceed what they can give by will). However, a sale is an exchange of value (property for money), so it does not technically diminish the value of the estate in the eyes of the law, whereas a donation might.
5. Remedies for Children
If a parent is selling property because they are mentally incapacitated or being manipulated (undue influence), children cannot stop the sale simply by withholding consent. Instead, they must:
- File for Guardianship: Prove in court that the parent is incompetent to manage their affairs.
- Petition for Annulment of Sale: If the sale was simulated (fake) or executed under duress, though this usually happens after the fact.
| Scenario | Is Children's Consent Needed? | Legal Basis |
|---|---|---|
| Parent sells inherited land while both parents are alive | No | Absolute Ownership (Art. 428) |
| Parent sells land after the other parent has died | Yes | Co-ownership by Succession (Art. 777) |
| Parent sells land where children are listed on the title | Yes | Co-ownership (Art. 491) |
| Parent donates land to a stranger | No* | Ownership (subject to inofficious donation rules later) |
Summary
In the Philippine context, children cannot prevent a living parent from selling hereditary property based solely on their status as future heirs. The law prioritizes the current owner's right to dispose of their assets. Only when the child becomes a legal co-owner—usually through the death of one parent or a formal transfer of title—does their consent become a requirement for a valid sale.