The testator Luis Palad executed a will granting his wife Dorothea Lopez exclusive use and possession of lands during her lifetime or until remarriage, after which the lands would be donated to a secondary school in Tayabas. Dorothea remarried in 1900. The testator's collateral heirs brought a partition action claiming Dorothea lost rights to the lands. The court ruled the trust was effective as there was a trustee (Municipality of Tayabas) and beneficiary (secondary school). Lots 3464 and 3469 remained with the trustee until the school was built. However, Dorothea had acquired ownership of lot 3470 through prescription, having held adverse possession since 1904.
The testator Luis Palad executed a will granting his wife Dorothea Lopez exclusive use and possession of lands during her lifetime or until remarriage, after which the lands would be donated to a secondary school in Tayabas. Dorothea remarried in 1900. The testator's collateral heirs brought a partition action claiming Dorothea lost rights to the lands. The court ruled the trust was effective as there was a trustee (Municipality of Tayabas) and beneficiary (secondary school). Lots 3464 and 3469 remained with the trustee until the school was built. However, Dorothea had acquired ownership of lot 3470 through prescription, having held adverse possession since 1904.
The testator Luis Palad executed a will granting his wife Dorothea Lopez exclusive use and possession of lands during her lifetime or until remarriage, after which the lands would be donated to a secondary school in Tayabas. Dorothea remarried in 1900. The testator's collateral heirs brought a partition action claiming Dorothea lost rights to the lands. The court ruled the trust was effective as there was a trustee (Municipality of Tayabas) and beneficiary (secondary school). Lots 3464 and 3469 remained with the trustee until the school was built. However, Dorothea had acquired ownership of lot 3470 through prescription, having held adverse possession since 1904.
THE GOVERNMENT OF THE PHILIPPINE ISLANDS, Petitioner, vs. ANASTASIA ABADILLA, ET
AL., claimants. THE MUNICIPALITY OF TAYABAS, ET AL., claimants-appellees, MARIA PALAD, ET AL., claimants-appellants. Facts: On January 25, 1892, Luis Palad executed a holographic will granting his wife, Dorothea Lopez, the right of exclusive use and possession of several parcels of lands in the Province of Tayabas during her lifetime or until she remarries. The lands shall be donated to the secondary school in Tayabas upon Dorotheas death or second marriage. On December 3, 1896, the testator died. Sometime in 1900, Dorothea married one Calixto Dolendo. On April 20, 1903, the testators collateral heirs brought an action for the partition of the lands on the ground that Dorothea lost her right over the lands by reason of her second marriage. During the pendency of the action, the parties arrived at an agreement delivering the lands with lot nos. 3464 and 3469 to the Municipality of Tayabas as trustee while lot no. 3470 was left in the possession of Dorothea. The testators collateral heirs filed a claim over the lands contending that the trust instituted in the will was ineffective. Issue: Whether or not the trust instituted in the will was effective Ruling: Yes. A liberal interpretation of the will revealed that the testator intended to create a trust for the benefit of the secondary school, naming the ayuntamiento of the town or the Civil Governor of the Province as trustee. In order that a trust may be effective, there must be a trustee and a cestui que trust. The Governor of Tayabas, as the successor of the Civil Governor under the Spanish regime, acted as trustee in the present case. If the trustee holds the legal title and the devise is valid, the natural heirs of the deceased testator have no remaining interest in the land except their right to the reversion in the event the devise for some reason should fail, an event which has not yet taken place. The intention of the testator was to have the income of the property accumulate for the benefit of the proposed school until the same should be established. The lands with lot nos. 3464 and 3469 shall hereby remain in the possession of the Municipality of Tayabas as trustee until the secondary school is erected. However, the ownership of lot no. 3470 has lawfully passed to Dorothea by prescription, having held possession of the land, adverse to all claimants, since 1904.
BARGAINING AGENT AND CERTIFICATION ELECTION PROCEEDINGS G.R. No. 92391 July 3, 1992 PHILIPPINE FRUITS AND VEGETABLE INDUSTRIES, INC., petitioner, vs. HON. RUBEN D. TORRES, in his capacity as Secretary of the Department of Labor and Employment and TRADE UNION OF THE PHILIPPINES AND ALLIED SERVICES (TUPAS), respondents.
Procedure G.R. No. 124711 November 3, 1998 MARICALUM MINING CORP., Petitioner, vs. National Labor Relations Commission (NLRC), Sipalay Mine Free Labor Union and Cecilio T. Saludar, Respondents