Petitioner
Alejandro B. Ty
Respondent
Sylvia S. Ty
Citation
G.R. No. 165696
Court
Supreme Court
Division
First Division
Ponente
Azcuna, J.
Decided
April 30, 2008

Summary

Father Alejandro sued daughter-in-law Sylvia (as estate administratrix) claiming three properties registered in his deceased son Alexander's name were held in implied trust for him. The RTC found an implied trust and ordered property transfer to Alejandro. The Court of Appeals reversed, finding no trust existed. The Supreme Court partially granted the petition, confirming no implied trust but ruling that the EDSA property should be treated as an advance inheritance gift to Alexander under Article 1448's presumed donation provision. The case establishes that when a parent pays for property titled to a child, law presumes donation rather than trust, and such property becomes part of the child's advance inheritance subject to collation upon the parent's death.

Statutes applied

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By the Intellegal Editorial Board · April 30, 2008

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