This case has been cited 4 times or more.
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2011-12-07 |
TOSINO v. SPS. ANDRES T. ROSARIO AND LENA DUQUE-ROSARIO AND BANCO FILIPINO SAVINGS AND MORTGAGE BANK
LEONARDO-DE CASTRO, J. |
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| To apply the 10-year prescriptive period, which would bar a beneficiary's action to recover in an express trust, the repudiation of the trust must be proven by clear and convincing evidence and made known to the beneficiary. [67] The express trust disables the trustee from acquiring for his own benefit the property committed to his management or custody, at least while he does not openly repudiate the trust, and makes such repudiation known to the beneficiary or cestui que trust. For this reason, the old Code of Civil Procedure (Act 190) declared that the rules on adverse possession do not apply to "continuing and subsisting" (i.e., unrepudiated) trusts. In an express trust, the delay of the beneficiary is directly attributable to the trustee who undertakes to hold the property for the former, or who is linked to the beneficiary by confidential or fiduciary relations. The trustee's possession is, therefore, not adverse to the beneficiary, until and unless the latter is made aware that the trust has been repudiated. [68] | |||||
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2011-06-15 |
VILLARAMA, JR., J. |
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| Quieting of title is a common law remedy for the removal of any cloud, doubt, or uncertainty affecting title to real property. In an action for quieting of title, the plaintiffs must show not only that there is a cloud or contrary interest over the subject real property, but that they have a valid title to it.[36] The court is tasked to determine the respective rights of the complainant and the other claimants, not only to place things in their proper places, and to make the claimant, who has no rights to said immovable, respect and not disturb the one so entitled, but also for the benefit of both, so that whoever has the right will see every cloud of doubt over the property dissipated, and he can thereafter fearlessly introduce the improvements he may desire, as well as use, and even abuse the property as he deems fit.[37] | |||||
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2007-08-14 |
VELASCO, JR., J. |
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| In the more recent case of Secuya v. De Selma, we again ruled that the prescriptive period for the enforcement of an express trust of ten (10) years starts upon the repudiation of the trust by the trustee.[16] | |||||
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2004-08-13 |
QUISUMBING, J. |
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| Under the doctrine of partial performance recognized in this jurisdiction, the objection to the oral character of a trust may be overcome or removed where there has been partial performance of the terms of the trust as to raise an equity in the promisee.[52] A trustee may perform the provisions of the trust, and if he does, the beneficiary is protected in benefits that he has received from such performance.[53] Thus, when a verbal contract has been completed, executed or partially consummated, its enforceability will not be barred by the Statute of Frauds, which applies only to an executory agreement.[54] Noteworthy, despite the compraventas transferring the lands in his name, Jose unfailingly gave his siblings their share of the produce of the lands. Furthermore, not only did he fail to repudiate the trust, he also assured his co-heirs that it was the inconvenience of partitioning that kept him from transferring the shares of his siblings to them. Accordingly, with respect to the lands covered by Expediente Nos. 241 and 4449, an express trust exists with Jose Ringor as trustee in favor of all the heirs of Jacobo Ringor. As far as prescription or laches are concerned, they pose no hindrance or limitation to the enforcement of an express trust.[55] | |||||