You are on page 1of 2

REPUBLIC ACT NO.

386
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

ARTICLE 1141.

Real actions over immovables prescribe after thirty years.

This provision is without prejudice to what is established for the acquisition of ownership and other real rights
by prescription. (1963)
Desamparados M. Soliva vs. Intestate Estate of Marcelo M. Villalba, G.R. No. 154017, December 8, 2003
Aurora Alcantara-Daus vs. Sps. Hermoso & Socorro De Leon, G.R. No. 149750, June 16, 2003
Lina Abalon Lubos vs. Marites Galupo, G.R. No. 139136, January 16, 2002
Marciana De Morales vs. Court of First Instance of Misamis Occidental, G.R. No. L-52278, May 29, 1980

ARTICLE 1444.
No particular words are required for the creation of an express trust, it being sufficient
that a trust is clearly intended.

No particular form of words or conduct is necessary for the manifestation of intention to create a trust. It is
possible to create a trust without using the word "trust" or "trustee". Conversely, the mere fact that these words
are used does not necessarily indicate an intention to create a trust. The question in each case is whether the
trustor manifested an intention to create the kind of relationship which to lawyers is known as trust. It is
immaterial whether or not he knows that the relationship which he intends to create is called a trust, and
whether or not he knows the precise characteristics of the relationship which is called a trust.
Heirs of Maximo Labanon, et al. vs. Heirs of Constancio Labanon, et al., G.R. No. 160711, August 14, 2007

An express trust is created by the direct and positive acts of the parties, by some writing or deed or by words
evidencing an intention to create a trust; the use of the word trust is not required or essential to its constitution,
it being sufficient that a trust is clearly intended.
Heirs of Maximo Labanon, et al. vs. Heirs of Constancio Labanon, et al., G.R. No. 160711, August 14, 2007
Estate of Edward Miller Grimm v. Estate of Charles Parsons and Patrick C. Parsons, G.R. No. 159810, October 9, 2006

Unrepudiated written express trusts are imprescriptible.
Heirs of Maximo Labanon, et al. vs. Heirs of Constancio Labanon, et al., G.R. No. 160711, August 14, 2007
Bueno vs. Reyes, No. L-22587, April 28, 1969

Express trusts prescribe 10 years from the repudiation of the trust
Heirs of Maximo Labanon, et al. vs. Heirs of Constancio Labanon, et al., G.R. No. 160711, August 14, 2007

De Selma. 1974 ARTICLE 1445. Court of Appeals. G. No. No trust shall fail because the trustee appointed declines the designation. 2000 Escay vs. February 22.Benigna Secuya vs. L-37504.R. December 18. No. unless the contrary should appear in the instrument constituting the trust. 136021. .