Salvador Comilang v. Francisco Burcena

Summary

The Supreme Court affirmed the nullity of a deed of donation executed by Dominga Reclusado Vda. de Burcena in favor of Salvador Comilang over a parcel of land in Ilocos Sur. The Court ruled that an implied trust existed under Article 1448 of the Civil Code because the property was purchased with money sent by Dominga's sons Francisco and Mariano Burcena while working abroad, though declared in Dominga's name for taxation purposes. As a trustee, Dominga had no authority to donate the property under Article 736 of the Civil Code. The Court rejected petitioner's arguments regarding hearsay evidence and the Court of Appeals' authority to rule on unassigned errors, holding that such review was necessary for just resolution. The decision established that nobody can dispose of property that does not belong to them, and purchase money resulting trusts protect the beneficial interests of those who provide consideration for property acquisition.