Article 1451 - 1452

Land Passes by Succession but Heir Places Title

in a Trustee

Article 1451. When land passes by succession to any

person and he causes the legal title to be put in the
name of another, a trust is established by implication
of law for the benefit of the true owner.
Succession - a mode of acquisition by virtue of which
the property, rights, and obligations to the extent of
the value of the inheritance, of a person are
transmitted through his death to another or others
either by his will or by operation of law (Art. 774.)

The rights to the succession are transmitted from the

moment of the death of the decedent (Art. 777.)
Legal title to land inherited by heir
placed in name of another.

Where a person who has acquired land by

inheritance causes the legal title to be placed in the
name of another, a resulting trust is presumed in law
in favor of the true owner, the heir.
Note: No trust relationship can exist over a property
in favor of an heir as beneficiary where it appears
that the deceased predecessor had no title to the
property in question.
Illustrative cases:

Custodio vs. Casiano, 9 SCRA 841 [1963]

Pilapil vs. Heirs of M.R. Briones, 484 SCRA 308

[2006]
Two or More Persons Purchase Property Jointly,
but Places Title in One of Them

Article 1452. If two or more persons agree to

purchase property and by common consent the legal
title is taken in the name of one of them for the
benefit of all, a trust is created by force of law in favor
of the others in proportion to the interest of each.
When Property Is in the Name of Only One of the
Co-Buyers - This is a resulting trust in view of the
intent to create a trust.
Presumption That Shares Are Equal - The shares or
interest of co - owners are presumed to be equal(Art.
485, 2nd par., Civil Code).
Note: The property must be capable of private
ownership; otherwise, Article 1452 is not applicable,
as in the case of a fishpond of public domain the title
to which remains in the Government.
Illustrative cases:

Valdez vs. Olorga, 51 SCRA 71 [1973]

Nito vs. Court of Appeals, 225 SCRA 231 [1993]