This case has been cited 1 times or more.
|
2011-03-30 |
CARPIO, J. |
||||
| An implied trust arising from mortgage contracts is not among the trust relationships the Civil Code enumerates.[14] The Code itself provides, however, that such listing "does not exclude others established by the general law on trust x x x."[15] Under the general principles on trust, equity converts the holder of property right as trustee for the benefit of another if the circumstances of its acquisition makes the holder ineligible "in x x x good conscience [to] hold and enjoy [it]."[16] As implied trusts are remedies against unjust enrichment, the "only problem of great importance in the field of constructive trusts is whether in the numerous and varying factual situations presented x x x there is a wrongful holding of property and hence, a threatened unjust enrichment of the defendant."[17] | |||||