Professional Documents
Culture Documents
Aquino, J
No.
Facts
1. Canuta Soblingo on of the 5 children of
Domingo Soblingo (the alleged owner of
the lot in litigation when it was not yet
registered)
2. 4 March 1916 Judge Carlos Imperial
adjudicated to Canuta Soblingo Lot No
4781 of the Sta Barbara, Iloilo cadastre
with an area of 5.5 hectares. OCT No
6178-A was issued in 1917 to Canuta
3. 1923- Canuta sold the lot to spouses
Patricio
Sinaon
and
Julia
Sualibio
(granddaughter of Canuta)
a. Canutas were registered owners for
more than 40years and had
possession of the lot during that
period
4. 1968 Sorongon (et al) amended their
complaint filed in 1964 that Canuta and
the Sinaons were TRUSTEES of the lot in
litigation. As such the heirs of Domingos
four heirs are entitled to 4/5 share.
5. Trial Court sustained the Trustee
theory of Sorongon, and ordered the
Sinaons to convey 4/5 of Lot No 4781 to
Sorongon et al.
Issue:
WON Canuta and the Sinaons were mere trustees
via an implied or express trust of the lot in
litigation?