- Statute
- Philippine Civil Code
- Article
- Art. 1443
- Topic
- Express Trusts
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE V TRUSTS
- Chapter
- CHAPTER 2 Express Trusts
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
No express trusts concerning an immovable or any interest therein may be proved by parol evidence.
Intellegal Wiki · In plain terms
An express trust over an immovable, or over any interest in one, cannot be proved by parol evidence — some writing is required to establish it. This is a rule of proof, not of creation: Article 1444 provides that no particular words are needed to create an express trust, it being enough that a trust is clearly intended. So a trust over land may be validly created without any set formula, yet fail in court for want of written evidence. Article 1442 adopts the principles of the general law of trusts insofar as they do not conflict with the Civil Code, the Code of Commerce, the Rules of Court and special laws.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Heirs of Maria de La Cruz y Gutierrez v. Court of Appeals G.R. No. 76590