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demanded by Victoria Julio from Clemente's

Clementes children are usufructuaries for an
undetermined length of time. For so long as that
period has not been fixed and has not elapsed,
they hold the property. Theirs is to enjoy the
fruits of the land and to hold the same as trustees
of Victoria Julio.
2. Where the document itself imposes a duty
upon the heirs to turn over both the fruits and the
possession of the property to Victoria when the
proper time comes, an express trust is thereby
created and no evidence aliunde is necessary for
its recognition, considering that no particular
words are required for the creation of an express
trust. It is sufficient that a trust is clearly
intended. Technical or particular forms of words or
phrases are not essential to the manifestation of
intention to create a trust or to the establishment
thereof, nor would the use of such words as
"trust" or "trustee" be essential to its constitution.
Where the deed of trust is clumsily prepared and
does not specify the complete description of the
property held in trust but merely speaks of a
"farm of more than four hectares", and where the
complaint avers that in the creation of such trust
the parties actually referred to the only land
owned by the trustor at the time of execution
thereof, such complaint, although it does not add
any new term or stipulation to the writing,
actually explains an obscurity occasioned by lack
of precision in the preparation of the document,
and insofar as the identity of the land involved in
a trust is concerned, precedents there are that
the writings, in being considered for the purpose
of satisfying the statute of frauds, are to be
considered in their setting, and parol evidence is
admissible to make clear the terms of a trust the
existence of which is established by a writing.

Clemente Dalandan executed in writing that a
farm of more than four hectares in Rizal belonged
to Victoriana Dalandan. It was posted as a
security for an obligation which he assumed but
failed to fulfill. Because of the non-fulfillment of
the obligation, the land was foreclosed.
Paragraph 5 stated that Clemente's children may
not be forced to give up the harvest of the farm
mentioned in the deed. Paragraph 6 stated that
Victoria Julio may not immediately demand the
substitute (kapalit) for the forfeited land.
Victoria Julio is the daughter of Victoriana
Dalandan. She claims that the 6 parcels of land
stated in the document were conveyed to her
mother by pacto de retro. After the death of
Clemente, she demanded from Clementes
legitimate and surviving heirs the possession of
the land. The heirs insisted that the delivery of
the land nor the fruits could not be immediately
demanded, based on their agreement. Victoria
claims that she acceded to their argument and
demanded that the heirs fix the period when to
deliver possession of the property. However, the
heirs refused to do so. Victoria filed a complaint
against the heirs.
The heirs claimed that Clemente merely promised
to Victoria a farm of about 4 hectares to replace
the land of Victoriana which was foreclosed.
1. Whether or not there was a trust instituted
2. Whether or not evidence aliunde is necessary
to prove the existence of the trust
1. Yes, a trust was instituted
2. No, evidence aliunde is not necessary
1. The instruments conveys the idea that the
naked ownership of the land in substitution was
transferred to Victoria Julio. A different
interpretation would not make sense with the
proviso that the fruits as well as the physical
possession of the land could not immediately be

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