Go V Estate of Felisa Buenaventura

G.R. No. 211972. July 22, 2015.
WILSON GO and PETER GO, petitioners, vs. THE ESTATE OF THE LATE FELISA TAMIO DE
BUENAVENTURA, represented by RESURRECCION A. BIHIS, RHEA A. BIHIS, and REGINA A.
BIHIS; and RESURRECCION A. BIHIS, RHEA A. BIHIS and REGINA A. BIHIS, in their personal
capacities, respondents.
G.R. No. 212045. July 22, 2015.*
BELLA A. GUERRERO, DELFIN A. GUERRERO, JR. and LESTER ALVIN A. GUERRERO,

petitioners, vs. THE ESTATE OF THE LATE FELISA TAMIO DE BUENAVENTURA, herein
represented by RESURRECION A. BIHIS, RHEA A. BIHIS and REGINA A. BIHIS, and
RESURRECION A. BIHIS, RHEA A. BIHIS and REGINA A. BIHIS, in their personal capacities,
respondents.
The Facts
In 1959, Felisa (deceased) bought a parcel of land in Quezon city where she erected a
building. She stayed there until she died in 1994.
In 1960, Felisa supposedly sold the subject property to one of her daughters, Bella
Guerrero (Bella), the latter’s husband, Delfin, Sr. and Felimon, Sr., Felisa’s common-law
husband. Bella, , and Delfin, Sr. paid P15,000.00 as consideration therefor. Thus, TCT No.
45951/T-233 in the name of Felisa was cancelled and TCT No. 49869 was issues to Bella,
Delfin and Felimon.
Sometime in 1968, Resurrecion A. Bihis the other daughter of Felisa, began to occupy the
second floor of the D’Lourds Building and stayed therein until her death in 2007.
Upon Felisa’s death, she allegedly bequeathed, in a disputed last will and testament, half of
the subject property to Resurrecion and her daughters, Rhea and Regina co-respondents
(collectively, the Bihis Family), and caused the annotation of an adverse claim on TCT No.
RT-74910 (49869).
Bella was made administratix of the Estate. The adverse claim of Bihis family was cancelled.
A new annotation was made due to Extrajudicial Settlement of Estate of the heirs of
Felimon Sr. The TCT said property was then sold to Wilson and Peter Go. TCT No. RT-
74910 (49869) was cancelled and a new one was issued to Wilson and Peter. They ejected
the Bihis family from the property.
Bella’s appointment as administratix was revoked and Resurreion was named the new
administratix. The Bihis family representing the Estate of Felisa and in their personal
capacity filed a case against the petitioners of both cases.
ISSUES:
1. Whether or not there was an implied trust between Felisa and the petitiones Delfin
and Bella.
2. Whether or not the case is barred by prescription
3. Whether or not Wilson and Peter are buyer’s in good faith.
Trust is the right to the beneficial enjoyment of property, the legal title to which is vested in
another. It is a fiduciary relationship that obliges the trustee to deal with the property for
the benefit of the beneficiary. Trust relations between parties may either be express or
implied. An express trust is created by the intention of the trustor or of the parties, while
an implied trust comes into being by operation of law.
Express trusts are created by direct and positive acts of the parties, by some writing or
deed, or will, or by words either expressly or impliedly evincing an intention to create a
trust. Under Article 1444 of the Civil Code, “[n]o particular words are required for the
creation of an express trust, it being sufficient that a trust is learly intended.” It is possible
to create a trust without using the word “trust” or “trustee.” Conversely, the mere fact that
these words are used does not necessarily indicate an intention to create a trust. The
question in each case is whether the trustor manifested an intention to create the
kind of relationship which to lawyers is known as trust. It is immaterial whether or not
he knows that the relationship which he intends to create is called a trust, and whether or
not he knows the precise characteristics of the relationship which is called a trust.
This is proven by the letter of Felisa to Delfin which states:
“Hindi naman kaila sa iyo kung papaano ko ito naisalin sa inyong pangalan nina
Filemon C. Buenaventura Sr., Bella Alvarez Guerrero at Delfin Guerrero Sr. Ang dahilan
nito ay dahil sa pag-utang sa GSIS. ”
Anent the issue of prescription, the Court finds that the action for reconveyance instituted
by respondents has not yet prescribed, following the jurisprudential rule that express
trusts prescribe in ten (10) years from the time the trust is repudiated. In this case,
there was a repudiation of the express trust when Bella, as the remaining trustee, sold the
subject property to Wilson and Peter on January 23, 1997. As the complaint for
reconveyance and damages was filed by respondents on October 17, 1997, or only a few
months after the sale of the subject property to Wilson and Peter, it cannot be said that the
same has prescribed.
A purchaser in good faith is one who buys the property of another without notice
that some other person has a right to, or an interest in, such property and pays a full
and fair price for the same at the time of such purchase, or before he has notice of
some other person’s claim or interest in the property. Corollary thereto, when a piece
of land is in the actual possession of persons other than the seller, the buyer must be wary
and should investigate the rights of those in possession. Without making such inquiry, one
cannot claim that he is a buyer in good faith. When a man proposes to buy or deal with
realty, his duty is to read the public manuscript, that is, to look and see who is there upon it
and what his rights are. A want of caution and diligence, which an honest man of ordinary
prudence is accustomed to exercise in making purchases, is in contemplation of law, a want
of good faith. The buyer who has failed to know or discover that the land sold to him
is in adverse possession of another is a buyer in bad faith.

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G.R. No. 211972. July 22, 2015.

G.R. No. 212045. July 22, 2015.*

BELLA A. GUERRERO, DELFIN A. GUERRERO, JR. and LESTER ALVIN A. GUERRERO,

This is proven by the letter of Felisa to Delfin which states:

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