Tickler: Express Trust, Definition

G.R. No. L-18838 May 25, 1967

CARMEN M. PASCUAL, AMADA M. PASCUAL, et al,plaintiffs-appellees,

vs.
RAMON MENESES, ENRICA MENESES, et al,defendants-appellants.

DOCTRINE:

No express trust concerning immovable property or any interest therein may be proven by parol evidence.

FACTS:

The plaintiffs are the surviving grandchildren and great grandchildren of Alejandro and Cirila. The principal
defendants are the surviving children of Anacleto, his daughter-in-law, and their children. The contention of
Plaintiffs' is that, Celedonio Meneses and Ana Asuncion had five (5) immovable properties in Bambang,
Bulacan. Upon the death of Celedonio Meneses and Ana Asuncion, said immovable properties passed, pro
indiviso, to their children by operation of law. Instead of dividing the estate among themselves, said children
entrusted the administration thereof to Anacleto. Upon Anacleto's death, the management of all properties
passed to his children, specifically his eldest son, Ramon.

The three (3) sets of properties constituted an undivided "Komunidad ng mga Meneses, which existed up to
1949. Despite repeated demands of the plaintiffs, the main defendants failed and refused to account for the
income and to deliver plaintiffs' share. Hence, the latter commenced an action and pray that they be declared
co-owners pro indiviso of three-fourths (3/4) of the properties and the corresponding shares turned over to the
plaintiffs. Then, Francisco de los Reyes — a descendant of Valentin de los Reyes, and son of Ana Asuncion by
her second marriage to Domingo de los Reyes — intervened in this case, alleging that he is one of the co-
owners of the properties in litigation and joined in the prayer made in plaintiffs' complaint. Hence, this
petition.

ISSUE:

Whether or not the three properties held by Anacleto for his benefit and that of the other children of Celedonio
Meneses and Ana Asuncion is by virtue of an express trust

HELD:

Yes, the lands acquired with the income derived from the former estate of Celedonio Meneses and Ana
Asuncion, were covered by said express trust and formed part of the Meneses community. Said express trust
and community were maintained when, upon Anacleto's death, the administration of the properties passed to
his son, Ramon. The fifty (50) lots and one (1) "camarin" were thereafter purchased by Ramon with funds
derived from the income of said two (2) sets of properties and that said fifty (50) lots and one (1) "camarin"
are, similarly, encompassed by the aforementioned express trust and form part of the Meneses community.
Suffice it to note that, "no express trust concerning an immovable or any interest therein may be proved by
parol evidence" (Article 1443 of the Civil Code of the Philippines).