Q.

A is the owner of a parcel of land covered by TCT No. 1. Through an oral agreement between B & A. A agreed that the property be registered under the name of B so that he can use it in securing a loan with Metrobank. When A sought to recover the property from B, the latter refused contending that he was the owner of the same. Is the contention of B correct?

A. B is correct because his ownership is evidenced by a title.
B. B is wrong because he is holding the property merely in trust for A.
C. B is correct because A cannot prove that there is trust considering that the same was not put into a public instrument.
D. A can recover and prove that there was trust even if not in a public instrument because the requirement is merely for purposes of convenience.
Answer» D. A can recover and prove that there was trust even if not in a public instrument because the requirement is merely for purposes of convenience.
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