sic itur ad astra

CHAPTER 2 Express Trusts (Arts. 1443-1446) Article 1443.  No express trusts   concerning an immovable or  any interest therein  may be proved by parol evidence. Evidence to prove express trust.   Burden of proof. The general rule is that the burden of proving the existence of a trust is on the party alleging its existence ; and to discharge this burden, it is generally required that his proof be clear and satisfactory and convincing .  Trust concerns immovable therein. By virtue of Article 1443, a writing is necessary to prove an express trust concerning an immovable or any interest therein .  The writing is required by said article not for validity but for purposes of proof .  Hence, by analogy, this requirement may also be included under the Statute of Frauds. Failure to object to parol evidence.   Like the defense of the Statute of Frauds, the defense that express trusts cannot be proved by parol evidence may be waived , eit...

CHAPTER 1 General Provisions (Arts. 1440-1442) Article 1440.  A person who establishes a trust   is called the trustor ;  one in whom confidence is reposed as regards property   for the benefit of another person   is known as the trustee ; and  the person for whose benefit the trust has been created  is referred to as the beneficiary. Concept of trust.   A trust is the fiduciary relationship between one person having an equitable ownership in property and another owning the legal title to such property , the equitable ownership of the former entitling him to the performance of certain duties and the exercise of certain powers by the latter for the benefit of the former.  It is a legal arrangement where by a person transfers his legal title to property to another to be administered by the latter for the benefit of a third party .  It is a right of property held by one party for the benefit of another.  T...

Succession  | Intestate Succession Provisions Rodriguez vs. Borja, G.R. No. L-21993, June 21, 1966 Jurisdiction The  Parish priest of the Catholic Church  of Hagonoy, Bulacan, died in the City of Manila. Two proceedings were filed before different courts on the same day. A petition for intestate proceeding was filed before  CFI-Rizal  at 8:00 am while a petition for the probate was filed  before  CFI-Bulacan  at 11:00 am. The jurisdiction of the CFI-Bulacan became vested upon the delivery thereto of the will. Where the   petition for probate is made after the deposit of the will, the petition is deemed to relate back to the time when the will was  delivered .  Since the testament of Fr. Rodriguez was submitted and delivered to the Court of Bulacan on  March 4 , while petitioners initiated intestate proceedings in the Court of First Instance of Rizal only on  March 12 , eight days later, the precedence and exclusive jurisdi...