This case has been cited 2 times or more.
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2013-07-17 |
BERSAMIN, J. |
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| That observation was correct and in accord with law and jurisprudence. Verily, the reckoning point for purposes of the Dicos' demand of reconveyance based on fraud was their discovery of the fraud. Such discovery was properly pegged on the date of the registration of the transfer certificates of title in the adverse parties' names, because registration was a constructive notice to the whole world.[19] The long period of 29 years that had meanwhile lapsed from the issuance of the pertinent transfer certificate of title on September 30, 1934 (the date of recording of TCT No. RT-9933 (16739) in the name of the Lopezes) or on November 10, 1956 (the date of recording of TCT No. T-41835 in VMC's name) was way beyond the prescriptive period of 10 years. | |||||
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2011-08-15 |
PERALTA, J. |
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| Implied trusts are further classified into constructive trusts and resulting trusts. Constructive trusts, on the one hand, come about in the main by operation of law and not by agreement or intention. They arise not by any word or phrase, either expressly or impliedly, evincing a direct intention to create a trust, but one which arises in order to satisfy the demands of justice.[35] Also known as trusts ex maleficio, trusts ex delicto and trusts de son tort, they are construed against one who by actual or constructive fraud, duress, abuse of confidence, commission of a wrong or any form of unconscionable conduct, artifice, concealment of questionable means, or who in any way against equity and good conscience has obtained or holds the legal right to property which he ought not, in equity and good conscience, hold and enjoy.[36] They are aptly characterized as "fraud-rectifying trust,"[37] imposed by equity to satisfy the demands of justice[38] and to defeat or prevent the wrongful act of one of the parties.[39] Constructive trusts are illustrated in Articles 1450, 1454, 1455 and 1456.[40] | |||||