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194 - Tamayo V Calejo

This case involves a land dispute between Mariano Tamayo and Callejo. [1] In 1912, Mariano's parents sold part of the land to Fernando Domantay, who then sold it to Callejo in 1918. [2] However, in 1918 Mariano acknowledged the previous sale to Domantay when registering the land under his and his brother's name. [3] The Supreme Court ruled that this acknowledgment created an express trust for the land sold to Domantay, meaning the statute of limitations did not apply, and Mariano's claim had not prescribed when the case was filed in 1952.

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52 views

194 - Tamayo V Calejo

This case involves a land dispute between Mariano Tamayo and Callejo. [1] In 1912, Mariano's parents sold part of the land to Fernando Domantay, who then sold it to Callejo in 1918. [2] However, in 1918 Mariano acknowledged the previous sale to Domantay when registering the land under his and his brother's name. [3] The Supreme Court ruled that this acknowledgment created an express trust for the land sold to Domantay, meaning the statute of limitations did not apply, and Mariano's claim had not prescribed when the case was filed in 1952.

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jrvyee
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© © All Rights Reserved
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Tamayo v.

Callejo
July 28, 1972
Concepcion, CJ.

Note:
 This case is magulo. Ponente does not know how to write properly.

Facts:
 Before 1912, the Tamayos (Vicente and Cicilia) sold a piece of land to Fernando
Domantay, who took possession of the land. When Vicente died after the sale and his
widow waived her rights to the remaining portion of the property to their children
Mariano and Marcos, the two brothers applied to register the land in their name, saying
they inherited it from their father, including the part that was sold to Domantay.
 In 1918 Domantay sold the land to Callejo.
 In 1930, Marcos Tamayo sold his undivided portion of the land to his brother Mariano
Tamayo.
 In 1940 Mariano Tamayo sold 70,000sqm on the western portion of the land to Estacio,
whose surveyor went to the land in 1952 to segregate it; that same year Callejo registered
his adverse claim to the land. Also, Callejo did not allow surveyor to enter his portion.
 Mariano said action has prescribed.
 RTC ruled in favor of Mariano. CA reversed. Mariano appealed to SC.

Ruling:
 Affirm CA.

Whether the action had prescribed – NO.


 It was found that in 1918, when Tamayo brothers had the land registered in their name,
Mariano Tamayo, on his behalf and that of his brother, executed a public document
acknowledging that his deceased parents had sold a parcel of the land to Domantay.
 Though there was no clear evidence to create a trust, ruling out an express trust, the
admission of the sale in a public document turned the implied trust into an express one.
 Court said this:
o This express recognition by Mariano Tamayo, on his behalf and that of his brother
Marcos Tamayo of the previous sale, made by their parents, to Fernando
Domantay had the effect of imparting to the aforementioned trust the nature of an
express trust - it having been created by the will of the parties, no particular words
being required for the creation of an express trust, it being sufficient that a trust is
clearly intended - which express trust is a “continuing and subsisting” trust, not
subject to the statute of limitations, at least, until repudiated, in which event the
period of prescription begins to run only from the time of the repudiation. The
latter did not take place, in the case at bar, until early in June, 1952, when
Mariano Tamayo rejected Callejo’s demand that the now disputed portion be
excluded from TCT No. 5486 in the former’s name. But, then, the case at bar was
filed weeks later, or on June 25, 1952, when the period of prescription had barely
begun to run.

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