Professional Documents
Culture Documents
Discussion
Discussion
● Civil Obligations: These are enforceable by law. If someone breaks a promise under a civil
obligation, you can take them to court.
● Natural Obligations: These are based on morality and fairness, not on positive law. You can't sue
someone for not fulfilling a natural obligation, but if they do fulfill it, they can't later change their
mind and ask for their money or property back.
● Equity and Natural Law: Natural obligations are rooted in ideas of fairness and morality, not just
legal rules.
● No Legal Enforcement: You can't take someone to court to force them to fulfill a natural
obligation.
● Irrevocability: Once a natural obligation is voluntarily fulfilled, it can't be undone.
ESTOPPEL
Article 1431: The Core Principle
● In Essence: The concept of estoppel is generally accepted in Philippine law, as long as it doesn't
clash with other specific laws or codes.
● Example: Estoppel can't be used to override a clear provision in a contract or a specific law related
to property rights.
● In Essence: If someone sells something they don't actually own, but later acquire ownership, the
title automatically transfers to the buyer.
● Example: Carlos sells land to Dave, even though the land belongs to Elsa. If Carlos later inherits
the land from Elsa, the ownership automatically passes to Dave.
● In Essence: If you sell something on behalf of someone else, you can't later claim it was actually
yours to invalidate the sale.
● Example: Fatima sells a house as Gerry's agent. She can't later say, "Actually, the house was
mine," to get it back from the buyer.
● In Essence: People who rent (lessees) or temporarily hold property (bailees) can't claim ownership
against the actual owner.
● Example: A tenant can't claim to own the apartment they're renting just because they've lived
there for a long time.
● In Essence: This outlines a specific type of estoppel where someone is tricked into a real estate
deal due to fraudulent information about ownership.
● Example: Hector lies to Irene about owning a farm, leading her to buy it. Hector is estopped from
later claiming he was the true owner.
● In Essence: If you let someone else act like they own your property, and they use it as collateral,
you can't reclaim it if the loan defaults.
● Example: Javier lets Karl pretend to own Javier's jewelry so Karl can get a loan. If Karl defaults,
Javier can't take the jewelry back from the lender.
● In Essence: Estoppel only affects the specific people involved in the situation or their legal
successors (like heirs).
● Example: If Leo is estopped from claiming ownership of a boat he sold to Maria, Leo's son can't
later claim ownership either.
● Trustor: The person who creates the trust and transfers property into it. Think of them as the
"originator" or "settlor" of the trust.
● Trustee: The person or entity who holds and manages the trust property for the benefit of the
beneficiary. They have a fiduciary duty, meaning they must act in the best interests of the
beneficiary.
● Beneficiary: The person who receives the benefits of the trust property. This could be financial
support, access to property, or other benefits as defined by the trustor.
Example: A grandparent (trustor) sets up a trust fund for their grandchild (beneficiary), naming a bank
(trustee) to manage the investments.
Example: An express trust might be established through a written will, while an implied trust could arise if
someone mistakenly transfers property to the wrong person.
Philippine trust law incorporates principles from the general law of trusts, as long as they don't conflict
with the Civil Code, Code of Commerce, Rules of Court, or special laws. This provides flexibility and
allows courts to draw upon established trust principles from other jurisdictions.
Express trusts concerning immovable property (land and buildings) or any interest in them must be in
writing to be enforceable. This is known as the Statute of Frauds requirement.
No specific wording is required to create an express trust, as long as the intention to create a trust is clear.
This allows for flexibility in drafting trust instruments.
If a designated trustee declines the role, the trust doesn't automatically fail. The trust instrument can
provide for an alternate trustee or a mechanism for appointing a new one.
Acceptance by the beneficiary is generally required for a trust to be valid. However, if the trust imposes no
burdens on the beneficiary, acceptance is presumed unless there is evidence to the contrary.
Absolutely! Let's delve into Chapter 3 of the Philippine Civil Code on Implied Trusts for our law student:
This article makes it clear that the Civil Code's enumeration of implied trusts isn't the end-all-be-all. Other
implied trusts can be recognized based on the general principles of trust law, as long as they don't
contradict existing Philippine laws (Article 1442). This flexibility allows the legal system to adapt to new
situations.
Art. 1448: Purchase Money Resulting Trust - When one person pays for property but puts it under
another's name, a trust is presumed for the one who paid, unless it's for a child (presumed gift).
Example: A parent buys land but registers it under their adult child's name. This is a trust unless
proven to be a gift.
Art. 1449: Donation with No Beneficial Interest - When someone receives a donation but is meant to
hold it for someone else's benefit, they are a trustee for that beneficiary.
Example: A charity receives a donation with instructions to use it for a specific project.
Art. 1450: Security Trust - When property is used as collateral for a loan, the lender becomes a trustee
holding the property for the borrower's benefit until the debt is paid.
Example: A mortgage on a house creates a security trust.
Art. 1451: Trust by Succession - If someone inherits property but has it titled under another's name, a
trust is created for the true owner (the heir).
Example: An heir inherits land but registers it under their sibling's name.
Art. 1452: Purchase by Common Agreement - When several people agree to buy property together but
put it under one person's name, that person becomes a trustee for the others' shares.
Example: Friends pool money for a vacation home, but only one is on the deed.
Art. 1453: Trust by Declaration - If someone receives property based on their promise to hold it for
another, they become a trustee for that person.
Example: A friend holds onto a valuable item while you're out of the country, promising to return it.
Art. 1454: Trust to Secure Obligation - When property is transferred to guarantee a debt, the creditor
becomes a trustee until the debt is paid.
Example: A guarantor pledges their assets to back up a loan.
Art. 1455: Trust by Misappropriation - If a fiduciary (trustee, guardian, etc.) uses trust funds to buy
property under their or another's name, they are a trustee for the rightful owner of the funds.
Example: A guardian uses a ward's money to buy a car.
Art. 1456: Constructive Trust - If someone acquires property through mistake or fraud, they are
considered a trustee for the person who should rightfully own it.
Example: Someone forges a deed to steal land; they become the constructive trustee.
Unlike express trusts over immovable property (which require writing), implied trusts can be proven by oral
evidence. However, strong and trustworthy evidence is needed as these cases can be easily fabricated.