- Statute
- Civil Code
- Article
- Art. 1448
- Topic
- Implied Trusts
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE V TRUSTS
- Chapter
- CHAPTER 3 Implied Trusts
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
There is an implied trust when property is sold, and the legal estate is granted to one party but the price is paid by another for the purpose of having the beneficial interest of the property. The former is the trustee, while the latter is the beneficiary. However, if the person to whom the title is conveyed is a child, legitimate or illegitimate, of the one paying the price of the sale, no trust is implied by law, it being disputably presumed that there is a gift in favor of the child.
Intellegal Wiki · In plain terms
An implied trust arises when property is bought and titled in one person's name while another actually paid the price intending to own it: the titleholder becomes trustee for the payer, who is the beneficiary. But if title is placed in the name of the payer's child, no trust is implied — the law disputably presumes the parent meant it as a gift to the child.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Rodolfo Morales v. Court of Appeals (Former Seventeenth Division) G.R. No. 117228
- Spouses Ruth Dizon Devisfruto v. Maxima L. Greenfell G.R. No. 227725
- Salvador Comilang v. Francisco Burcena G.R. No. 146853
- Felomina Abellana v. Spouses Romeo Ponce G.R. No. 160488
- Rodolfo Tigno v. Court of Appeals G.R. No. 110115
- Victor R. Trinidad v. Bank of Commerce G.R. No. 214224
- Melinda M. Malabanan v. Francisco Malabanan, Jr. G.R. No. 187225
- Antonio Feliciano v. Antonio E. Feliciano, Jr. G.R. No. 194922
Other Supreme Court decisions also apply this article.