REX CASE DIGEST 2006210
the lapse of more than 60 days as grace period, they continued to default intheir obligation. On January 18, 1989, private respondent corporation opted tocancel the contract with forfeiture of payments made. Accordingly, thirty daystherefrom, the contract was cancelled and payments made were forfeited.
P.D. No. 957 is not applicable.
Petitioners cannot seek protection from P.D.957 particularly its provision providing for non-forfeiture of payments whenthe vendee desists from further payment due to the failure of the developer orowner to develop the subdivision. The ocular inspection report showed sub-stantial compliance on the part of the corporation insofar as the development of the subdivision was concerned. We have no reason to disturb that
Trusts; Implied Trusts; Constructive Trusts
Constructive trusts are created by the construction of equity in order to satisfy the demands of justice and prevent unjust enrichment. They arise contrary to intention against one who,by fraud, duress or abuse of con
dence, obtains or holds thelegal right to property which he ought not, in equity and good conscience, to hold.
JESUS DURAN AND DEMETRIA DURAN, petitioners,
COURT OF AP-PEALS,
respondents, G.R. No. 125256, May 2, 2006. Third Division.
For review is the decision of the Court of Appeals ordering the dismiss-al of the complaint for unlawful detainer and ruled that petitioners are obligedto turn over the possession of the pertinent portions of the property to privaterespondents being the owners thereofe unlawful detainer complaint.The herein private respondents
led an action for reconveyance of aportion of land now belonging to Jesus Duran, the herein petitioner. The Courtof Appeals af
rmed the decision of RTC ordering that the portion of the sub- ject land be conveyed to the plaintiffs subject to reimbursement of the price of the land for there was a verbal contract of agency between the parties wherebythe petitioner was constituted as an agent. Jesus Duran, the herein petitioner,
led an action for unlawful detainer which was subsequently denied by thesame division. Hence, this petition.