Power of Attorney

Authority enabling one person to dispose of the interest which is vested in

another

Kinds of Trusts

Implied Trusts

Resulting

Constructive

Express Trust

expressed

Implied Trust: Resulting Trust

Presumed to have been contemplated by the parties

Intention found on therein the nature of their transaction

Based on the doctrine of valuable consideration, not legal title, determines

the equitable title or interest [Bejos v. Cabreros]

E.g. when a donation is made to a person but it appears that although the legal
estate is transmitted to the done, he nevertheless is either to have no beneficial
interest or only a pert thereof. (NCC. Art. 1449)

Implied Trust: Constructive

Created by operation of law in order to satisfy the demand of justice and to

prevent unjust enrichment.

Contrary to an agreement or intention against one who, by fraud or duress or

abuse of confidence, obtains or holds the legal right to the property which he
ought not, in equity and good conscience, to hold.

E.g. a person obtains by force or fraud a property, he is impliedly a trustee (NCC

Art. 1456)

Power of Attorney and Trust

In a power of attorney only two persons are necessary: The Principal and the
Attorney-in-fact

In a trust there are generally three: trustor, trustee, and the beneficiary