IMPLIED TRUST

Philippine National Bank vs. Court of Appeals, 217 SCRA 347 [1993]
Abellana vs. Ponce, 437 SCRA 531 [2004]
This kind of trust is based on the equitable doctrine that valuable consideration and not legal
title determines the equitable title or interest. - Olaco vs. Co Cho Chit, 220 SCRA 656 [1993]
Implied trusts are not created voluntarily, but imposed by law or inferred from the conduct or
dealings of the parties. The concept of implied trusts is that from the facts and circumstances of
a given case, the existence of a trust relationship is inferred in order to effect the presumed
intention of the parties.
If a person obtains legal title to property by fraud or concealment, courts of equity will impress
upon the title a so called constructive trust in favor of the defrauded party. This kind of trust is
illustrated in Articles 1450, 1454, 1455, and 1456.
Martinez vs Garcia
adverse claim is sufficient to constitute constructive notice to anyone regarding the subject
property.
The annotation of an adverse claim is a measure designed to protect the interest of a person
over a piece of real property, where the registration of such interest or right is not otherwise
provided for by the Land Registration Act or Act No. 496 (now P.D. No.1529 or the Property
Registration Decree), and serves a warning to third parties dealing with said property that
someone is claiming an interest on the same or a better right than that of the registered
owner thereof.
(b) implied trust, or one which comes into being by operation of law (Arts. 1447-1457.); this latter
trust being either:
1) resulting trust or one in which the intention to create a trust is implied or presumed in
law (infra.); or
2) constructive trust or one imposed by law irrespective of, and even contrary to, any such
intention for the purpose of promoting justice, frustrating fraud, or preventing unjust
enrichment. (infra.) It is otherwise known in American law as a trust ex malefi cio, trust ex
delicto, and de son tort. (see Sumaoang vs. Judge, RTC, 215 SCRA 136 [1992].)
In other words, a trust intentional in fact is an express trust; jone intentional in law is a resulting
trust; and one imposed irrespective of intention is a constructive trust.

Not trust in the technical sense. The use of the word trust in Article
1456 is not basically accurate. The law has styled such a situation a trust
and the person obtaining the property a trustee for want of a better term
as such person has no title to the property and really holds it for the true
owner.
A constructive trust unlike an express trust does not emanate from, or
generate a fiduciary relation. While in an express, a beneficiary and
trustee are linked by confidential or fiduciary relations, in a constructive
trust, there is neither a promise nor a fiduciary relation to speak of and the
so-called trustee neither accepts any trust nor intends holding the property
for the beneficiary. (Vda. De Esconde vs. Court of Appeals, 253 SCRA 66
[1996]; Aznar Brothers Realty Co. vs. Aying, 458 SCRA 496 [2005].)