Heirs of Emilio Candelaria vs. Lucia Romero, et. al., G.R. No. L-12149, September 30, 1960
Subject: Obligations and Contracts
FACTS
Sometime prior to 1917 the Emilio
and Lucas Candelaria, brothers, bought each a lot in the Solokan Subdivision on
the installment basis. Due to his inability to pay, Lucas sold his interest to
his brother Emilio, who continued to pay the installment of Lucas’ lot in the
name of Lucas until the entire price was paid, with the understanding that the
necessary documents would be made later.
In 1918, a Transfer Certificate
of Title for the lot was issued in the name of Lucas. Lucas and his heirs
acknowledged the fact that they held the title merely in trust for Emilio.
In 1956, Emilio’s heirs sued for
reconveyance of the title to them. Lucas’ heirs refused, firstly on the ground
that the trust was an express one and therefore not enforceable because it was
oral; and secondly, on the ground of prescription (38 years).
ISSUE
Whether or not Emilio’s heirs are
entitled to reconveyance.
RULING
Yes.
Under the law (Art 1453, NCC),
when property is conveyed to a person in reliance upon his declared intention
to hold it for, or transfer it to another or the grantor, there is an implied
trust in favor of the person whose benefit is contemplated.
In this case, Emilio’s heirs are
entitled to the reconveyance because: (1) SC ruled that the trust that has been
created is implied and not express under Article 1453 and therefore, may be
proved by parol evidence; and (2) while implied trusts may indeed prescribe. In
this case, there was a continuous acknowledgement on the part of Luca and his
heirs; hence, there was no prescription.
No comments:
Post a Comment