- Petitioner
- Feliciano Nito
- Respondent
- Court of Appeals
- Citation
- G.R. No. 102657
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Quiason, J.
- Decided
- August 9, 1993
Summary
Feliciano Nito claimed reconveyance of property from a group purchase of ACA land, asserting an implied trust under Civil Code Article 1452 based on his P10,000 deposit. The Supreme Court denied his claim, finding no trust relationship existed since Nito never formally joined the group purchase arrangement. He didn't contribute to the bid bond, didn't sign the group manifesto, and rejected group membership due to disagreement over lot frontage specifications. When Nito failed to pay his full share despite written demand and the payment deadline, the group rightfully substituted him with another buyer to complete the ACA purchase. The conditional nature of his deposit, which required a 32-meter frontage lot that wasn't available, precluded creation of any trust relationship. The Court affirmed that Nito waived his purchase rights through non-payment and non-participation in the group arrangement.