2.

Distinguish express trust from implied resulting trust

The distinction between express trust and resulting implied trust is vague as both are anchored
on the intention of the parties.

Express trust is a positive intention flowing from some agreement or other action between the
parties that causes division of interest to occur and trust to exist. Such an intention may be
manifested in various ways. Here, there is an express intention to create the trust.

Resulting implied trusts, on the other hand, are equally dependent on the element of intention
for their existence. An intention to actually create a trust is not necessary for the creation of a
resulting trust. Here, instead of a positive intention to create trust, the resulting trust depends
on the demonstration of the absence of an intention to vest beneficial enjoyment in the title
holder.

Moreover, an express trust and a resulting implied trust also differ in terms of the manner of
proving their existence. An express trust involving an immovable or an interest therein can not
be proved by parol evidence while a resulting implied trust may be proven by oral evidence.

3. It is said that an agency coupled with an interest is not a true contract of agency. Do you
agree? Why or why not?

Yes. An agency coupled with an interest is not a true contract of agency because, generally, an
agency is revocable by the principal at will. However, an agency coupled with an interest is
irrevocable in nature.

In Republic v. Evangelista, the Supreme Court held that the reason for its irrevocability is that
the agency becomes part of another obligation or agreement. As such, it is not solely the rights
of the principal that are affected, but also that of the agent and third persons. Thus, the law
provides that the agency cannot be revoked at the sole will of the principal.

The fact of irrevocability negates the possibility that it could be an agency relation at all. One of
the hallmarks of the agency relation is that the principal retains control over the agent
concerning the object of his agency. Hence, if the principal cannot terminate the relation, he
has surrendered that degree of control which an agency requires.

4.