UNGAB-VALEROSO v. UNGAB-GRADO
G.R. No. 163081;
June 15, 2007
Ponente: J.
Quisimbing
FACTS:
Petitioner Anita Ungab is the only child of Timoteo, now deceased. Respondent Felix Ungab is the brother of Timoteo while the other respondents are the heirs of Timoteo's other brothers and sisters, namely Simeona, Eugenia, Lorenzo, Lazaro, and Margarito. The subject of this case is a 14.3375-hectare land in Binuni, Kolambugan, Lanao (now Binuni, Bacolod, Lanao del Norte) registered in the name of Timoteo Ungab under Original Certificate of Title (OCT) No. (P-41)-1,550.
In 1972, the heirs of Ciriaco Ungab filed a complaint against the brothers, sisters and heirs of Timoteo for the partition, accounting and reconveyance of the subject land. When the case was called for trial, the parties submitted a written compromise agreement.
On February 15, 1973, the CFI rendered judgment adopting in toto the compromise agreement.
The parties did not have the land partitioned but divided the proceeds of the land in accordance with the decision. However, in December 1996, Anita refused to give respondents their respective shares. Respondents then filed against petitioners Anita and her husband Ruselo Valeroso, a complaint for recovery of possession, partition, enforcement of compromise agreement and damages.
ISSUE:
Whether the compromised agreement established an express trust
HELD:
Yes, the compromised agreement established an express trust.
The Supreme Court held that the execution of the Affidavit of Acknowledgment and the compromise agreement established an express trust wherein the respondents, as trustors, reposed their confidence on petitioner Anita and her mother, as trustees, that they will hold the land subject of the co-ownership. There are no particular words required in the creation of an express trust, it being sufficient that a trust is clearly intended. Express trusts do not prescribe except when the trustee repudiates the trust.
Petitioner Anita Ungab is the only child of Timoteo, now deceased. Respondent Felix Ungab is the brother of Timoteo while the other respondents are the heirs of Timoteo's other brothers and sisters, namely Simeona, Eugenia, Lorenzo, Lazaro, and Margarito. The subject of this case is a 14.3375-hectare land in Binuni, Kolambugan, Lanao (now Binuni, Bacolod, Lanao del Norte) registered in the name of Timoteo Ungab under Original Certificate of Title (OCT) No. (P-41)-1,550.
In 1972, the heirs of Ciriaco Ungab filed a complaint against the brothers, sisters and heirs of Timoteo for the partition, accounting and reconveyance of the subject land. When the case was called for trial, the parties submitted a written compromise agreement.
On February 15, 1973, the CFI rendered judgment adopting in toto the compromise agreement.
The parties did not have the land partitioned but divided the proceeds of the land in accordance with the decision. However, in December 1996, Anita refused to give respondents their respective shares. Respondents then filed against petitioners Anita and her husband Ruselo Valeroso, a complaint for recovery of possession, partition, enforcement of compromise agreement and damages.
ISSUE:
Whether the compromised agreement established an express trust
HELD:
Yes, the compromised agreement established an express trust.
The Supreme Court held that the execution of the Affidavit of Acknowledgment and the compromise agreement established an express trust wherein the respondents, as trustors, reposed their confidence on petitioner Anita and her mother, as trustees, that they will hold the land subject of the co-ownership. There are no particular words required in the creation of an express trust, it being sufficient that a trust is clearly intended. Express trusts do not prescribe except when the trustee repudiates the trust.
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