This case has been cited 3 times or more.
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2011-03-30 |
CARPIO, J. |
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| Applying these principles, this Court recognized unconventional implied trusts in contracts involving the purchase of housing units by officers of tenants' associations in breach of their obligations,[18] the partitioning of realty contrary to the terms of a compromise agreement,[19] and the execution of a sales contract indicating a buyer distinct from the provider of the purchase money.[20] In all these cases, the formal holders of title were deemed trustees obliged to transfer title to the beneficiaries in whose favor the trusts were deemed created. We see no reason to bar the recognition of the same obligation in a mortgage contract meeting the standards for the creation of an implied trust. | |||||
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2008-12-16 |
TINGA, J. |
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| A constructive trust is created, not by any word evincing a direct intention to create a trust, but by operation of law in order to satisfy the demands of justice and to prevent unjust enrichment.[16] It is raised by equity in respect of property, which has been acquired by fraud, or where although acquired originally without fraud, it is against equity that it should be retained by the person holding it.[17] Constructive trusts are illustrated in Arts. 1450,[18] 1454,[19] 1455[20] and 1456.[21] | |||||
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2006-03-17 |
TINGA, J. |
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| [28] Policarpio v. Court of Appeals, 336 Phil. 329, 338 (1997). | |||||