The petitioners exercise of such rights of dominion is anathema to the concept

The petitioners exercise of such rights of dominion

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the Philippine National Bank as his exclusive property. The petitioner’s exercise of such rights of dominion is anathema to the concept of a continuing and subsisting trust. The circumstances, found by the respondent court, that the name of Mateo Carantes still appeared in the tax declaration as owner of the land and the name of the petitioner as administrator, that the real estate taxes, were shared by the other heirs with the petitioner, and that some of the heirs are living in houses erected by them on the land, wane in legal significance in the face of the petitioner’s aforesaid uncontroverted acts of strict dominion. In connection with the payment of real estate taxes, it is to be noted that the respondent court also found that all the receipts were issued in the name of the petitioner. The circumstances mentioned above do not make out a case of a continuing and subsisting trust. ACCORDINGLY, the judgment of the Court of Appeals appealed from is set aside, and another entered dismissing the complaint in Civil Case No. 804 of the Court of First Instance of Baguio. No costs. Makasiar, Muñoz Palma and Martin, JJ. , concur. Separate Opinions TEEHANKEE, J. , concurring: chanrob1es virtual 1aw library Concur on the ground that respondents’ action based on constructive trust prescribed after ten years.chanrobles virtual lawlibrary Endnotes: 1. Central Bank of the Philippines v. Court of Appeals, Et Al., L-33022, April 22, 1975, 63 SCRA 431, 442. 2. Republic v. Venturanza, Et Al., L-20417, May 30, 1966, 17 SCRA 322, 325. 3. Philippine Rabbit Bus Lines, Inc., Et. Al. v. Philippine American Forwarders, Inc., Et Al., L-25142, March 25, 1975, 63 SCRA 231, 234. 4. Vda. de Rodriguez v. Rodriguez, Et Al., L-23002, July 31, 1967 20 SCRA 908, 914. 5. Garanciang, Et. Al. v. Garanciang, Et Al., L-22351, May 21, 1969, 28 SCRA 229, 230. 6. Mapalo, Et. Al. v. Mapalo, Et Al., L-21489 & L-21628, May 19, 1966, 17 SCRA 114, 118.
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7. Tumalad, Et. Al. v. Vicencio, Et Al., L-30173, September 30, 1971, 41 SCRA 143, 151. 8. Art. 1391, new Civil Code. 9. De Guinoo v. Court of Appeals, 97 Phil. 235, 238; Avecilla, etc. v. Yatco, Et Al., 103 Phil. 666, 670; Gerona, Et. Al. v. De Guzman, Et Al., L-19060, May 29, 1964, 11 SCRA 153, 157. 10. Diaz, Et. Al. v. Gorricho, Et Al., 103 Phil. 261, 266. 11. L-18788, January 31, 1964, 10 SCRA 167, 169, 178. 12. 49 Phil. 244. 13. Escay, Et. Al. v. Court of Appeals, Et Al., L-37504, December 18, 1974, 61 SCRA 369, 387-88, citing Bonaga v. Soler, Et Al., L-15717, June 30, 1961; J.M. Tuason & Co., Inc. v. Magdangal, L-15539, January 30, 1962; Alzona v. Capunitan, L-10228, February 28, 1963; Bueno v. Reyes, L-22587, April 28, 1969, 27 SCRA 1179. 14. Castrillo, et al v. Court of Appeals, Et Al., L-18046, March 31, 1964, 10 SCRA 549, 555. 15. Lopez, Et. Al. v. Gonzaga, Et Al., supra, p. 179.
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