JOSE FERNANDO, JR.

, ZOILO
FERNANDO,
NORMA
FERNANDO
BANARES,
ROSARIO
FERNANDO
TANGKENCGO,
HEIRS
OF
TOMAS
FERNANDO,
represented by ALFREDO V.
FERNANDO,
HEIRS
OF
GUILLERMO
FERNANDO,
represented
by
Ronnie
H.
Fernando,
HEIRS
OF
ILUMINADA
FERNANDO,
represented by Benjamin Estrella
and HEIRS OF GERMOGENA
FERNANDO,
Petitioners,

G.R. No. 161030

Present:
CORONA, C.J.,
Chairperson,
LEONARDO-DE CASTRO,
BERSAMIN,
DEL CASTILLO, and
VILLARAMA, JR., JJ.

- versus LEON ACUNA, HERMOGENES

FERNANDO,
HEIRS
OF
SPOUSES
ANTONIO
FERNANDO
AND
FELISA
CAMACHO,
represented
by
HERMOGENES FERNANDO,
Respondents.

Promulgated:
September 14, 2011

Fact of the Case:

Petitioners are asking for the partition of a parcel of lot. It
appears that they are in related to the Respondents and that
they are both in possession of certain parcels of land which
they inherited from their common ascendants. However,
Petitioners want to transfer the titles to themselves since the
title to the property have not yet been transferred from the
orginal (mother) title to their current possessor. Respondents
claim that per a 1929 decision of the cadastral court, award
was erroneously made to petitioners.
Issue:
Whether or not Respondents can recover title to property
erroneously titled to Petitioners.
Held.
ART. 1456. If property is acquired through mistake or fraud,
the person obtaining it is, by force of law, considered a

trustee of an implied trust for the benefit of the person from

whom the property comes.
Although an implied trust prescribes in 10 years, when the
property is in possession of the actual owners, prescription
does not apply. Hence, Respondents may title the property
thru reconveyance despite the passage of more than 10
years.

THE ESTATE OF HILARIO M. RUIZ, EDMOND RUIZ,

Executor, petitioner, vs. THE COURT OF APPEALS (Former
Special Sixth Division), MARIA PILAR RUIZ-MONTES, MARIA
CATHRYN RUIZ, CANDICE ALBERTINE RUIZ, MARIA ANGELINE
RUIZ and THE PRESIDING JUDGE OF THE REGIONAL TRIAL
COURT OF PASIG, BRANCH 156, respondents.
Facts.
Petitioner is the executor of the holographic will of the late
Hilario M. Ruiz. Petitioner wanted the court to release funds
collected from the rent of the portion of the estate. The court
refused pending full accounting of the estate.
Issue:
Whether or not the Executor is allowed unfettered access to the
funds of the estate.
Held.
An executor holds the estate and all its funds under a higher
form of trust. He cannot hold the funds and property without
first giving a full accounting of all the expenses of
administration.

l\epublft of ~btltpplnes
~upreme

QCourt

:.fflanila
THIRD DIVISION
GAUDENCIO PACETE,
Petitioner,
G.R. No. 188575

-versusINOCENCIO ASOTIGUE,
Present:
BRION,* J,
PERALTA, Acting Chairperson,**
ABAD,
MENDOZA, and
LEONEN,JJ.

Promulgated:
Respondent. 10 December 2012

ort'cu .

Facts:
Petitioner wants to reclaim possession of a parcel of land thru
reconveyance. Respondent opposes by claiming open and
averse possession for 21 years, tracing his title to a series of
transfers, the precursor of which the Petitioner was a witness to.
Issue:
Whether or not Petitioner is entitle to reconveyance.
Held:
Petitioner cannot recover possession because the factual
circumstances of the case show that Respondent has a better
right over possession of the property.