(Philippine Legal Context)

In the complex landscape of Philippine Family Law, the separation of parents—whether legal or de facto—often triggers disputes over the ownership of properties intended for their children. Determining who "truly" owns a house, land, or vehicle bought "for the child" requires navigating the Civil Code, the Family Code, and established jurisprudence.

1. The Principle of Title vs. Intent

In the Philippines, the Torrens System generally dictates that the name appearing on the Transfer Certificate of Title (TCT) is the legal owner. However, when parents purchase property during a separation, the legal outcome depends heavily on how the deed was executed.

In the Child’s Name: If the property is registered directly in the child's name, the child is the legal owner. The parents merely act as legal guardians.
In the Parents’ Name "In Trust For" (ITF): This creates a trust relationship. While the parent’s name is on the title, the beneficial ownership belongs to the child.
In the Parents’ Name (Verbal Promise): If the parent buys property with the intent to give it to the child but keeps the title in their own name, the child has no legal claim. Under the Statute of Frauds, agreements regarding real property must be in writing to be enforceable.

2. The Regime of Conjugal Properties

The timing of the purchase is critical. If the parents are separated but their marriage has not been legally annulled or declared void, the Property Regime (typically Conjugal Partnership of Gains or Absolute Community of Property) still applies.

Source of Funds: If a father buys a condo for his daughter using his salary while still legally married (though separated) to the mother, that money is technically "conjugal." The mother may claim a 50% interest in that property unless it can be proven that the funds used were exclusive property (e.g., from an inheritance).
Consent Requirements: For real property belonging to the conjugal partnership, one spouse generally cannot donate or dispose of it to a child without the written consent of the other spouse. Without this consent, the sale or donation is often considered voidable or unenforceable.

3. Donations and the Need for Formality

If a parent "gives" a property to a child during a separation, the law treats this as a Donation. For the transfer to be valid, specific formalities under the Civil Code must be met:

Immovable Property (Land/Houses): The donation must be made in a Public Instrument (a notarized Deed of Donation).
Acceptance: The child (or their legal guardian) must accept the donation in the same deed or a separate public document.
Registration: To affect third parties and fully secure the child's right, the deed must be registered with the Registry of Deeds.

Note: A mere verbal promise like, "This house will be yours when you grow up," carries no legal weight in Philippine courts regarding real estate.

4. Parental Authority and Administration

When a child owns property, the parents exercise Parental Authority. Under the Family Code:

Administration: Parents are the joint administrators of the child's property. If the property's value exceeds ₱50,000, the parents may be required to post a bond as directed by the court.
Use of Income: The fruits or income of the property (like rent) should primarily be used for the child’s education and support.
Disposal: Even if the child "owns" the property, the parents cannot sell or mortgage it without Court Approval. The court must be convinced that the sale is for the necessity or clear interest of the child.

5. Hidden Issues: Scenarios of Separation

The "Mistress" or New Partner: If a parent purchases property for a child from a second relationship while the first marriage still exists, the "legitimate" family may challenge the purchase if conjugal funds were used.
Constructive Trusts: If a parent buys property for a child but uses the child’s own money (e.g., from the child’s earnings as a child actor or an inheritance), but the parent puts their own name on the title, a "Constructive Trust" is created. The child can sue to have the title reconveyed to them.

Summary Table: Ownership Determination

Scenario	Legal Owner	Requirement for Validity
Title is in child's name	The Child	Valid Deed of Sale/Donation and TCT issuance.
Title is in Parent's name (intended for child)	The Parent	Not enforceable by the child unless a written trust exists.
Property bought with Conjugal Funds	The Couple	Requires consent of both spouses to transfer to child.
Verbal gift of land	The Parent	Invalid; Real property transfers must be in writing.