Text of the provision
Art. 1457. An implied trust may be proved by oral evidence.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.
What this article means
The last article of the Trusts title, immediately before the Code turns to Sales. Unlike an express trust, which typically rests on a written instrument or clear declared intent, an implied trust — one the law reads into a transaction from the parties' conduct or the equities of the situation (see the resulting- and constructive-trust articles immediately before this one) — need not be proved in writing. Oral evidence suffices, though as a practical matter courts require it to be trustworthy, satisfactory, and convincing, since claims of an unwritten trust are easy to allege and hard to disprove.
Related provisions
- Article 1456 — Constructive Trust From Fraud or Mistake.
- Article 1458 — Contract of Sale Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.