Digest 07 - Palma Vs Cristobal
Digest 07 - Palma Vs Cristobal
Digest 07 - Palma Vs Cristobal
FACTS:
1909 - after registration proceedings under ACT 496, the original certificate of title was issued
in the names of Palma and his wife (Luisa Cristobal).
1923 - said certificate was cancelled by virtue of CFI decree, but was later substituted by
another certificate of title also in the name of Palma and his wife.
1928 - Bc of his wife's death, a new certificate was issued in Palma's name only
Palma sought at first to eject Cristobal from a parcel of land in Tondo (TCT of w/c registered to
Palma). Cristobal raised the question of ownership and the case was dismissed. Palma filed w/
CFI Manila praying he be declared owner of the land and for Cristobal to be ordered to restore
its possession to him and remove his house therefrom.
The CFI dismissed the case, and when the case was brought to the CA it was similarly
dismissed.
CA concluded that the parcel of land in question is a community property held by Palma in trust
for the real owners (respondent Cristobal being an heir of one of them), the registration having
been made in accordance with an understanding between the coowners, by reason of the
confidence they had in Palma and his wife.
This confidence, close relationship, and the fact that co-owners were receiving their shares in
the rentals, were the reasons why no step had been taken to partition the property.
Before the death of Palma's wife, she called her husband and enjoined him to give her coowners their shares and he told her not to worry about it bc he would.
The CA, in dismissing the case, invoked SC rulings w/c declared that the registration of the
property in the name of the trustees in possession thereof, must be deemed to have been effected
for the benefit of the principal/cestui que trust.
Thus this appeal by certiorari.
The relations of an agent to his principal are fiduciary and in regard to property forming the subject
matter of the agency, he is estopped from acquiring or asserting a title adverse to that of the principal.
His position is analogous to that of a trustee and he cannot consistently, with the principles of good
faith, be allowed to create in himself an interest in opposition to that of his principal or cestui que trust.