Trusts: Cañezo vs Soledad G.R. No. 148788

Facts: Petitioner alleges she bought the land and only entrusted to her father for she left and went to Mindanao. In 1948 she found out that her step mother was in possession of the land. She filed for recovery and damages against defendant. It reached the court of appeals where the land was awarded to the defendant because there has been a satisfaction that the father of the petitioner was the owner.

Issue: Whether or not the action of the respondent filed out of time.

Held: Resolution of the issue hinges on the determination of trust - express or implied - by the petitioner and her father. Intention to create a trust cannot be inferred from the petitioner's testimony; the petitioner only testified to the effect that her agreement with her father was that she will be given a share in the produce of the property. Petitioner should not have made an issue in the declaration of taxes in her father's name if there really was trust. There was no trust that was established. Petitioner is estopped from asserting ownership by her failure to protest in the decision of the estate of her father. Her action is barred by laches.