G.R. No.

144148 March 18, 2005

Gomez et. Al vs Duyan et. Al

FACTS
The parties are relatives residing at Project 8, Quezon City, in a lot covered by TCT 41717 issued
by the Registry of Deeds of Quezon City in the name of Eulogio Duyan (deceased) married to
Purisima Duyan. Eulogio, desiring to help her sister, Feliza Duyan, allowed her to construct a
house on the disputed lot on 1968. Petitioners acknowledge that the disputed property belongs
to Eulogio. Accordingly, an instrument entitled pagpapahayag was executed by the siblings
which provides that if the property will be registered in Feliza’s name, she will continue to
acknowledge Eulogio as the owner and will never assert ownership over the same, except in
accordance with her brother’s wishes. On 1974, Eulogio and her common law wife Regina,
executed a deed of sale covering the residential house situated on the disputed property which
prompted the petitioners to allegedly assert ownership not only to the house but to the lot
itself. Purisima then filed a complaint against the petitioners which was eventually dismissed in
the CA after an amicable settlement. Another deed of sale was executed by Purisima and
Eulogio to legally let the petitioners stay in the disputed lot. Subsequently, another
pagpapahayag was executed by the siblings which provided that the lot covered by the deed of
sale will eventually be transferred to respondents herein who are their nephews and nieces and
the children of Eulogio. Notwithstanding the second pagpapahayag, petitioners registered the
deed of sale on 1978, which prompted the release of TCT 281115 under the name of the
petitioners.

ISSUE: WON the pagpapahayag is an express trust.

RULING. Yes. The provisions of the second pagpapahayag executed by Eulogio and Feliza stated
that the property subject of the sale will subsequently be placed by the latter in the name of
respondents, thus creating a trust relationship over the property in dispute. Article 1444 of the
Civil Code states that “No particular words are required for the creation of an express trust, it
being sufficient that a trust is clearly intended." Even if the word trust was not expressly stated
on the pagpapahayag, it had the force of law between them. It was therefore incumbent upon
Feliza as trustee to comply with the provisions of the instrument and have the subject property
registered in the names of her nephews and nieces.