Case Title Sinaon v.

Sorongon
Memory Aid 40 years is enough
Full Case Name
PATRICIO SINAON and MARIA, FRANCISCA and JOSE, all
surnamed SINAON, petitioners,
vs.
ANDRES SOROÑGON, ANASTACIA PARREÑO, SOLEDAD
PARREÑO, ANA PARREÑO, MARCELINA, CLARITA, RUFINO and
MANUEL, all surnamed ARELLANO, SIMPLICIO SOMBLINGO and
BRIGIDA SOMBLINGO and COURT OF APPEALS, respondents.
Docket No. & No. L-59879. May 13, 1985.
Date
Ponente AQUINO, J.
Topic Express Trusts
Synopsis Canuta sold the property she inherited from her father Domingo to
Sps. Sinaon. The latter were in possession of said property for
more than 40 years when the heirs of Canuta’s siblings filed a
complaint for reconveyance alleging that there was established an
implied trust in their favor. HELD - there was not trust created here
- express or implied. The respondents’ claim was barred by
prescription.
Doctrine Express trusts concerning real property cannot be proven by
parol evidence (Art. 1443, CC).

FACTS

1. Judge Imperial in a decree dated Mar 4 1916 adjudicated to Canuta Soblingo

(Canuta) the subject lot in Iloilo. OCT was also issued on her name. This is based
on the evidence presented were public documents and tax records
a. This property was originally owned by Domingo Somblingo
b. Domingo had the ff heirs:
i. Canuta
ii. Felipe,
iii. Juan,
iv. Esteban
v. Santiago
2. 1923 - Canuta sold the lot to Sps. Patricio Siaon and Julia Sualibio (her
granddaughter)
a. TCT was issued
b. Uncancelled up to the time of the case
 c. The Sps. + 3 children paid for the taxes on the property (declared in Simon’s
name for tax purposes)
d. They possessed the land as owners from 1923 up to the time of the case
or 1985 (more than half a century - though just 40 years really)
3. The respondents (heirs of Domingo’s 4 children [other than Canuta], see above -
collectively ‘heirs’) filed a complaint for the reconveyance of subject property on
theory that:
a. Canuta and the Sinaons were trustees of the lot and that they are entitled to
a 4/5 share thereof
4. Lower court decisions
a. RTC - ruled in favor of the heirs and ordered Sps. Sinaon to reconvey the ⅘
of the property to them
b. CA - affirmed

ISSUE-HELD-RATIO

Would an action for reconveyance of the subject property, based on implied trust, lie
after the supposed trustees had held the land for more than forty years? - NO.

1. After the Sinaons had appeared to be the registered owners of the lot for more
than forty years and had possessed it during that period, their title had become in
defeasible and their possession could not be disturbed. Any pretension as to the
existence of an implied trust should not be countenanced
2. The trustors, who created the alleged trust, died a long time ago. An attempt to
prove the trust was made by unreliable oral evidence. The title and possession of
the Sinaons cannot be defeated by oral evidence which can be easily fabricated and
contradicted. The contradictory oral evidence leaves the court sometimes
bothered and bewildered
3. There was no express trust in this case. Express trusts concerning real property
cannot be proven by parol evidence (Art. 1443, CC). An implied trust “cannot be
established, contrary to the recitals of a Torrens title, upon vague and inconclusive
proof.”
a. Even assuming that there was an implied trust, plaintiffs’ action was clearly
barred by prescription
b. It was not necessary for the Sinaons to plead prescription as a defense
because there is no dispute as to the dates. There was no factual issue as to
prescription
 4. Gerona vs. De Guzman ruling was inapplicable:
a. Doctrine in Gerona: an action for reconveyance of realty, based upon a
constructive or implied trust resulting from fraud, may be barred by
prescription. The prescriptive period is reckoned from the issuance of the
title which operates as a constructive notice
b. The supposed trust in this case, which is neither an express nor a resulting
trust, is a constructive trust arising by operation of law. It is not a trust in the
technical sense.

DISPOSITIVE

Judgment reversed and complaint dismissed. [Sinaon’s were rightful owner]