In selling a property

I know someone whose mother is planning to sell her house. She has the right since the deed of sale and the property title is under her name. She is an unwed mother and her children (of legal age) live in that home and are against their mother's plan of selling the property. Can the house be sold even without the consent of the children?

Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same, the latter's spouse, and a majority of the beneficiaries of legal age. In case of conflict, the court shall decide. <--what does this particular family code exactly mean?

Thanks in advance!

There is no ambiguity in the wording of Article 158 of the Family Code. It is clear and it leaves no room for interpretation. Thus, the family home cannot be sold, alienated, donated, assigned or encumbered without the written consent of the (1) person constituting the same; (2) the latter’s spouse; and (3) majority of the beneficiaries of legal age.

Nevertheless, if the registered owner who wants to sell the family home fails to secure the written consent of the other beneficiaries, it does not necessarily mean that he/she can no longer do so. Note that Art. 158 also states that “In case of conflict, the court shall decide”. Therefore, if the registered owner has good reason to sell the family home, then he/she may be allowed to do so.

Allow me to go further by citing Art. 157 of the Family Code. Based on Art. 157, the value of the family home is not unlimited. Art. 157 states:

“Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by law.

In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the constitution of a family home shall be the basis of evaluation.

For purposes of this Article, urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. All others are deemed to be rural areas “

Therefore, if the family residence was constituted on a 1 hectare property worth Php50 Million Pesos, the value thereof definitely exceeds the limits for family home set forth under Art. 157 of the Family Code.

Finally, Art. 158 must be correlated with Art. 154 of the Family Code to determine who are the beneficiaries. Art. 154 states:

“Art. 154. The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support.”

Note that under par. (2) of Art. 154, in order to be considered beneficiaries of a family home, the children must: (a) be living in the family home; and (b) DEPEND UPON THE HEAD OF THE FAMILY FOR LEGAL SUPPORT.

It would appear that children of legal age having their own source of income may not be considered beneficiaries even if they still live with their parents in the family home.

However, in practice, Article 158 of the Family Code is often ignored. For instance, the signature of the beneficiaries of a family home is not being required in executing a Deed of Absolute Sale of the family home. In transferring the property in the name of the buyer, the Register of Deeds only requires the signature of the registered owner and his/her spouse in the Deed of Absolute Sale.