This case has been cited 2 times or more.
|
2005-07-15 |
PANGANIBAN, J. |
||||
| An implied trust arises, not from any presumed intention of the parties, but by operation of law in order to satisfy the demands of justice and equity and to protect against unfair dealing or downright fraud.[46] Under Article 1456 of the new Civil Code, "if property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes." Although this provision is not retroactive in character, and thus inapplicable to the 1928 purchase, it merely expresses a rule already recognized by our courts prior to the effectivity of the Code.[47] | |||||
|
2003-07-15 |
CORONA, J. |
||||
| In invoking the doctrine of estoppel by laches, respondents must show not only unjustified inaction but also that some unfair injury to them might result unless the action is barred.[72] | |||||