Title VI.

USUFRUCT
Chapter 1 Usufruct in General
Chapter 2 Rights of the Usufructuary
Chapter 3 Obligations of the Usufructuary
Chapter 4 Extinguishment of Usufruct

Articles 562 to 612

Art. 562

• Usufruct gives a right to enjoy the property of another with the

obligation of preserving its form and substance, unless the title
constituting it or the law otherwise provides.
• What are the two fundamental • Jus utendi & jus fruendi
rights given in usufruct?

• What is naked ownership?

• Jus disponendi
Art. 563

• Usufruct is constituted by law, by the will of private persons

expressed in acts inter vivos or in a last will and testament, and by
prescription.
• What are the three types of usufruct according to origin? Or How is a
usufruct made?
Art. 564

• Usufruct may be constituted on the whole or a part of the fruits of

the thing, in favor of one or more persons, simultaneously or
successively, and in every case from or to a certain day, purely or
conditionally. It may also be constituted on a right, provided it is not
strictly personal or intransmissible.
• What is the classification of • As to fruits: total or partial
usufruct according to quantity? • As to object: universal or
particular
• According to the number of
persons enjoying it? • Simple: one enjoys
• Multiple: simultaneous by
• According to quality? several; successive by several

• Normal: non-consumable
• Abnormal: consumable
Art. 565

• The rights and obligations of the usufructuary shall be those provided

in the title constituting the usufruct; in default of such titled, or in
case it is deficient, the provisions contained in the two following
Chapters shall be observed.
Rules in Usufruct

• How are rules in usufruct • Apply the agreement of the

applied? parties first.

• In case of conflict, what rules • In case the agreement is not

apply? clear or absent, apply the Civil
Code.

• In case of conflict, apply

agreement unless against public
policy, etc.
Art. 566

• The usufructuary shall be entitled to all the natural, industrial and

civil fruits of the property in usufruct. With respect to hidden
treasure which may be found on the land or tenement, he shall be
considered a stranger.
Rights to fruits

• Give examples of natural, • How much will a usufructuary

industrial and civil fruits of get if he finds hidden treasure
property. inside the property in usufruct?

• ½ if he is the finder
 What is the nature of dividends?

Are dividends considered civil fruits for the

benefit of the usufructuary?

[Bachrach v Siefert, 87 Phil 483]

• When dividends were declared on the shares of stock, the wife of

the deceased, who was the usufructuary of the estate, claimed the
dividends. The sisters of the deceased, how inherited portions of
the estate, demanded that the dividends be considered part of the
estate.
• Dividends based on stocks are civil fruits and do not form part of the
estate.
Art. 567
• Natural or industrial fruits growing at the time the usufruct begins,
belong to the usufructuary.
• Those growing at the time the usufruct terminates, belong to the
owner.
• In the preceding cases, the usufructuary, at the beginning of the
usufruct, has no obligation to refund to the owner any expenses
incurred; but the owner shall be obliged to reimburse at the
termination of the usufruct, from the proceeds of the growing fruits,
the ordinary expenses of cultivation, for seed, and other similar
expenses incurred by the usufructuary.
• The provisions of this article shall not prejudice the rights of third
persons, acquired either at the beginning or at the termination of
the usufruct.
Pending natural or industrial fruits

Beginning of the usufruct Termination of the usufruct

• Belong to the usufructuary • Belong to the owner
• No need to refund owner for • Owner must reimburse ordinary
expenses incurred cultivation expenses + seeds;
• Without prejudice to 3rd similar expenses from the
persons proceeds of the fruits
• Without prejudice to 3rd persons
Art. 568

• If the usufructuary has leased the lands or tenements given in

usufruct, and the usufruct should expire before the termination of
the lease, he or his heirs and successors shall receive only the
proportionate share of the rent that must be paid by the lessee.
Usufruct and lease

• A gave land in usufruct to B for 4 • B is entitled to the rentals for 4

years. B leased the land to C for years.
8 years. Who is entitled to the
rentals?
• A is entitled to the rentals
beginning on the 5th year up to
the 8th year.
Difference between Usufruct and Lease
- Paras pp. 574-575

Basis USUFRUCT LEASE

extent All fruits and uses Particular or specific use

Nature of right Real right Real right if real property is registered; or

more than 1 yr
creator Owner or authorized agent Lessor may or may not be the owner

origin By law, contract, last will or prescription By contract; by law as an implied lease –
builder in good faith – art 448
Difference between Usufruct and Lease
- Paras pp. 574 - 575

Basis USUFRUCT LEASE

cause Passive owner allows enjoyment Active lessor makes lessee enjoy

repairs Usufructuary makes ordinary repairs Lessee generally has no duty to pay for
repairs
taxes Usufructuary pays annual charges and Lessor generally pays no taxes
taxes on the fruits
things Usufructuary may lease to another Lessee cannot constitute a usufruct on
leased property
Art. 569

• Civil fruits are deemed to accrue daily, and belong to the

usufructuary in proportion to the time the usufruct may last.
Art. 570

• Whenever a usufruct is constituted on the right to receive a rent or

periodical pension, whether in money or in fruits, or in the interest
on bonds or securities payable to bearer, each payment due shall be
considered as the proceeds or fruits of such right.
• Whenever it consists in the enjoyment of benefits accruing from a
participation in any industrial or commercial enterprise, the date of
the distribution of which is not fixed, such benefits shall have the
same character.
• In either case they shall be distributed as civil fruits, and shall be
applied in the manner prescribed in the preceding article.
Civil fruits

• If civil fruits accrue daily, how • A gave to B in usufruct the

much is a usufructuary entitled profits of a factory for 10 years.
to with respect to civil fruits? B died at the end of 5 years.
• In proportion to the time the • Profits: 1st to 5th yr = 80 million;
usufruct lasts. 6th to 10th yr = 40 million.
• How much is B and his heirs
entitled to?
• 60 million
Art. 571

• The usufructuary shall have the right to enjoy any increase which the
thing in usufruct may acquire through accession, the servitudes
established in its favor, and, in general, all the benefits inherent
therein.
Increase in the Thing

• What else can a usufructuary

enjoy other than fruits? • Accessions
• Servitudes and easements
• All benefits in the property
Art. 572

• The usufructuary may personally enjoy the thing in usufruct, lease it

to another, or alienate his right of usufruct, even by a gratuitous title;
but all the contracts he may enter into as such usufructuary shall
terminate upon the expiration of the usufruct, saving leases of rural
lands, which shall be considered as subsisting during the agricultural
year.
Lease or alienate right of usufruct
• Can the usufructuary lease the • Usufructuary does not need the
property in usufruct without the consent of the owner to lease
consent of the owner? the property.

• Is there a limit to the alienation • Legal usufruct cannot be

of the right of usufruct? alienated.
Who has the right to choose the tenant who
will pay the rent, the estate administrator or
the usufructuary? [Fabie vs. David]

• Grey was the administrator of the property but Fabie was the
usufructuary. Fabie leased the property to David. When David
violated the lease conditions, Fabie filed an action for unlawful
detainer. Grey intervened and insisted that Fabie has no right to file
the action as usufructuary, because Grey, as administrator, has that
right.
• Fabie as usufructuary has the right to administer and manage the
property, collect the rents and make necessary repairs. This includes
the right to select the tenant.
Art. 573

• Whenever the usufruct includes things which, without being

consumed, gradually deteriorate through wear and tear, the
usufructuary shall have the right to make use thereof in accordance
with the purpose for which they are intended, and shall not be
obliged to return them at the termination of the usufruct except in
their condition at that time, but he shall be obliged to indemnify the
owner for any deterioration they may have suffered by reason of his
fraud or negligence.
Deterioration & Liability

• If the thing gradually • Right to make use according to

deteriorates through wear and purpose; not obliged to return
tear, what is the obligation of them except in their condition
the usufructuary? upon termination of usufruct.

• Should the usufructuary re- • Not obliged to re-varnish except

varnish a dining set after using it if the damage is caused by fraud
for 5 years? or negligence. – Left outside in
the wind and rain when owner
put them inside the house.
Art. 574

• Whenever the usufruct includes things which cannot be used without

being consumed, the usufructuary shall have the right to make use of
them under the obligation of paying their appraised value at the
termination of the usufruct, if they were appraised when delivered.
In case they were not appraised, he shall have the right to return the
same quantity and quality, or pay their current price at the time the
usufruct ceases.
Quasi-usufruct

• What is a quasi- • The thing in usufruct is consumable. When the

usufruct? usufruct ends, the usufructuary must pay the
appraised value to the owner.

• Money may be the object of usufruct.

• Give an example • A quasi-usufruct is a SIMPLE LOAN.

• How else can you refer

to a quasi-usufruct?
Art. 575

• The usufructuary of fruit-bearing trees and shrubs may make use of

the dead trunks, and even those cut off or uprooted by accident,
under the obligation to replace them with new plants.
Special Usufruct:
Fruit-bearing trees & shrubs
• Can dead trunks and trees cut • Provided they are replaced with
off or uprooted by accident be new plants by the usufructuary
used by the usufructuary?
Art. 576

• If in consequence of a calamity or extraordinary event, the trees or

shrubs shall have disappeared in such considerable number that it
would not be possible or it would be too burdensome to replace
them, the usufructuary may leave the dead, fallen or uprooted trunks
at the disposal of the owner, and demand that the latter remove
them and clear the land.
Calamity or Extraordinary Event
• A is a usufructuary of trees and • If it is impossible or too
shrubs owned by B. Due to burdensome to replace; A may
typhoon Ondoy, many of the use the trunks but replace them
trees and shrubs disappeared or with new plants; or leave them
were destroyed. and demand from the owner to
• What are A’s rights and remove them.
obligations? • If slightly burdensome to
replace; A must replace them
and cannot demand from B to
clear the land.
 Art. 577

• The usufructuary of woodland may enjoy all the benefits which it may
produce according to its nature.
• If the woodland is a copse or consists of timber for building, the usufructuary
may do such ordinary cutting or felling as the owner was in the habit of
doing, and in default of this, he may do so in accordance with the custom of
the place, as to the manner, amount and season.
• In any case the felling or cutting of trees shall be made in such manner as not
to prejudice the preservation of the land.
• In nurseries, the usufructuary may make the necessary thinning in order that
the remaining trees may properly grow.
• With the exception of the provisions of the preceding paragraphs, the
usufructuary cannot cut down trees unless it be to restore or improve some
of the things in usufruct, and in such case he shall first inform the owner of
the necessity of the work.
Special usufruct: Woodland
• What is a copse? • Thicket of small trees.

• What is the limitation on this • Regalian doctrine; requirement

usufruct? of license or permit from DENR
Woodland

• A is the usufructuary of a parcel of land belonging to B, who without

the knowledge of A, cut the coconut lands inside the land and made
them into charcoal and coco lumber for sale. Can be invoke Art. 577
on the special usufruct of woodland?

• Coconut trees are not commonly used for timber to build? – Paras p.
596.
Art. 578

• The usufructuary of an action to recover real property or a real right,

or movable property, has the right to bring the action and to oblige
the owner thereof to give him the authority for this purpose and to
furnish him whatever proof he may have. If in consequence of the
enforcement of the action he acquires the thing claimed, the
usufruct shall be limited to the fruits, the dominion remaining with
the owner.
 Special usufruct: recovery by court
action

• What properties may be • Real property, personal property, real

recovered by the special right over real or personal property.
usufruct thru court action?
• Authority to bring the action – SPA;
• What does a usufructuary and proofs/evidence
need from the owner?
• Third parties affected only if usufruct
• Can third parties be affected? is registered or known to them.
• Who gets the recovered • Naked owner gets ownership but
property?
usufructuary gets usufruct
Art. 579

• The usufructuary may make on the property held in usufruct such

useful improvements or expenses for mere pleasure as he may deem
proper, provided he does not alter its form or substance; but he shall
have no right to be indemnified therefor. He may, however, remove
such improvements, should it be possible to do so without damage
to the property.
Useful improvements & luxury
• What are the limitations when • Form or substance must not be
useful improvements and luxury altered (art. 581)
are made? • Usufructuary is not entitled to
REFUND but may REMOVE if no
substantial damage to property
or OFFSET against damages
Is the usufructuary entitled to reimbursement of
useful improvements? [Floreza vs. Evangelista]

• Evangelista borrowed money from Floreza. They allowed

Floreza to build a barong-barong on their property for free.
Eventually Floreza built a house of strong materials. After
several loans, Evangelistas sold the lot to Floreza as payment
of their loans, but redeemed the lot. After redemption,
Evangelista wrote Floreza to vacate the lot. Floreza refused
until he is reimbursed of the value of the house.

• Floreza is a usufructuary (art. 579) who made useful

improvements with no right to be indemnified.
Art. 580

• The usufructuary may set off the improvements he may have made
on the property against any damage to the same.
 Improvements:Damages

• If the improvement • Usufructuary cannot demand

exceeds the damage, can reimbursement if the improvement
the usufructuary demand exceeds the damage.
reimbursement?
• Owner can demand compensation for
the difference if the damage exceeds
• If the damage exceeds the the improvement.
improvement, can the
owner demand • Usufructuary caused the damage; the
compensation? improvements increased the value of
the property
• What is required before a
set-off can be made?
Art. 581

• The owner of property the usufruct of which is held by another, may

alienate it, but he cannot alter its form or substance or do anything
thereon which may be prejudicial to the usufructuary.
Art. 582

• The usufructuary of a part of a thing held in common shall exercise all

the rights pertaining to the owner thereof with respect to the
administration and the collection of fruits or interest. Should the co-
ownership cease by reason of the division of the thing held in
common, the usufruct of the part allotted to the co-owner shall
belong to the usufructuary.
Partition

• Can a co-owner give the

usufruct of his share in the • A co-owner does not need the
property without the consent of consent of his co-owners to give
his co-owners? the usufruct of his share, unless
• If there is a partition, what is there are personal
the right of the usufruct relative considerations.
to the co-owner/grantor? • Usufruct follows the share.
• Can the co-owners make a • Not being a co-owner, the
partition without the consent of usufructuary has no right to
the usufructuary? intevene in the partition of co-
owned property
Art.583

• The usufructuary, before entering upon the enjoyment of the

property, is obliged:
1) To make, after notice to the owner or his legitimate
representative, an inventory of all the property, which shall
contain an appraisal of the movables and a description of the
condition of the immovables;
2) To give security, binding himself to fulfil the obligations imposed
upon him in accordance with this Chapter.
Obligations

• What are the obligations of the • Before – make an inventory

usufructuary?
• Before • During – take care of the
• During property
• after
• After – return and indemnify, if
needed
Art. 584

• The provisions of No. 2 of the preceding article shall not apply to the
donor who has reserved the usufruct of the property donated, or to
the parents who are usufructuaries of their children’s property,
except when the parents contract a second marriage.
Art. 585

• The usufructuary, whatever may be title of the usufruct, may be

excused from the obligation of making an inventory or of giving
security, when no one will be injured thereby.
Exception - security

• Why is a donor, or parents, • Donor gave the usufructuary as

exempted from giving the a gift.
security for a usufructuary?

• What are the exception to the • When the parent contracts

exception? another marriage.
• When no one will be injured
• Are there other exceptions?
Art. 586

• Should the usufructuary fail to give security in the cases in which he

is bound to give it, the owner may demand that the immovable be
placed under administration, that the movables be sold, that the
public bonds, instruments of credit payable to order or to bearer be
converted into registered certificates or deposited in a bank or public
institution, and that the capital or sums in cash and the proceeds of
the sale of the movable property be invested in safe securities.
• The interest on the proceeds of the sale of the movable and that on
public securities and bonds, and the proceeds of the property placed
under administration, shall belong to the usufructuary.
Art. 586, continued

• Furthermore, the owner, may, if he so prefers, until the usufructuary

gives security or is excused from so doing, retain in his possession the
property in usufruct as administrator, subject to the obligation to
deliver to the usufructuary the net proceeds thereof, after deducting
the sums which may be agreed upon or judicially allowed him for
such administration.
Failure to give security

Naked owner Usufructuary

• May deliver the property • Cannot possess the property
• May choose to retain the • Cannot administer the property;
property as administrator cannot lease
• May demand receivership or • Cannot collect credits that have
administration by another matured, or invest them unless
naked owner consents or court
allows
• May alienate right of usufruct
Art. 587

• If the usufructuary who has not given security claims, by virtue of a

promise under oath, the delivery of the furniture necessary for his
use, and that he and his family be allowed to live in a house included
in the usufruct, the court may grant this petition, after due
consideration of the facts of the case.
• The same rule shall be observed with respect to implements, tools
and other movable property necessary for an industry or vocation in
which he is engaged.
• If the owner does not wish that certain articles be sold because of
their artistic worth or because they have a sentimental value, he may
demand their delivery to him upon his giving security for the
payment of the legal interest on their appraised value.
Caucion juratoria

• What is caucion • “a promise under oath” – a sworn duty to

juratoria? take good care of the property and return it
• What are the at the end of the usufruct.
requirements? • Court petition
• Necessity for delivery
• Court approval
• Sworn promise
• Usufructuary cannot afford to give security
Arts. 588, 589 & 590

• Art. 588. After the security has been given by the usufructuary, he
shall have a right to all the proceeds and benefits from the day on
which, in accordance with the title constituting the usufruct, he
should have commenced to receive them.
• Art. 589. The usufructuary shall take care of the things given in
usufruct as a good father of a family.
• Art. 590. A usufructuary who alienates or leases his right of usufruct
shall answer for any damage which the things in usufruct may suffer
through the fault or negligence of the person who substitutes him.
• What is the effect of the • Retroactive
security when it is given?
• What kind of diligence is
required?
• Pater familias or good father of
• Is the usufructuary liable for the a family
damages caused by his
representatives? • Liable for the fault or negligence
of his alienee, grantee, agent, or
• What is a sub-usufructuary? lessee
Art. 591
• If the usufruct be constituted on a flock of livestock, the
usufructuary shall be obliged to replace with the young
thereof the animals that die each year from natural causes,
or are lost due to the rapacity of beasts of prey.
• If the animals on which the usufruct is constituted should all
perish, without the fault of the usufructuary, on account of
some contagious disease or any other uncommon event, the
usufructuary shall fulfil his obligation by delivering to the
owner the remains which may have been saved from the
misfortune.
• Should the herd or flock perish in part, also by accident and
without the fault of the usufructuary, the usufruct shall
continue on the part saved.
• Should the usufruct be on sterile animals, it shall be
considered, with respect to its effects, as though constituted
on fungible things.
Art. 592

• The usufructuary is obliged to make the ordinary repairs

needed by the thing given in usufruct.
• By ordinary repairs are understood such as are required by
the wear and tear due to the natural use of the thing and are
indispensable for its preservation. Should the usufructuary
fail to make them after demand by the owner, the latter may
make them at the expense of the usufructuary.
Ordinary Repairs

• What are the • Required by normal or natural

conditions for use.
ordinary repairs to • Needed for preservation.
be made?
• Occurred during the usufruct.
• With or without the fault of the
• Can a usufructuary usufructuary.
exempt himself from
necessary repairs by
renouncing the • If no fault, yes, but he must
usufruct? surrender the fruits he received.
Art. 593

• Extraordinary repairs shall be at the expense of the owner.

The usufructuary is obliged to notify the owner when the
need for such repairs is urgent.
Art. 594

• If the owner should make the extraordinary repairs, he shall

have a right to demand of the usufructuary the legal interest
on the amount expended for the time that the usufruct lasts.
• Should he not make them when they are indispensable for
the preservation of the thing, the usufructuary may make
them; but he shall have a right to demand of the owner, at
the termination of the usufruct, the increase in value which
the immovable may have acquired by reason of the repairs.
Extraordinary repairs

• Who should make • Naked owner makes the

extraordinary repairs? extraordinary repairs.
• Usufructuary may demand
• What is the right of the legal interest on the
usufructuary if he makes amount; but should have
the extraordinary repairs? notified the naked owner of
urgency and naked owner
failed to make them;
needed for preservation.
Art. 595

• The owner may construct any works and make any

improvements of which the immovable in usufruct is
susceptible, or make new plantings thereon if it be rural,
provided that such acts do not cause a diminution in the
value of the usufruct or prejudice the right of the
usufructuary.
• What may the naked • Construct works
owner do even if the • Make improvements
property is already given
in usufruct? • Make new plantings
Art. 596

• The payment of annual charges and taxes and of those

considered as a lien on the fruits, shall be at the expense of
the usufructuary for all the time that the usufruct lasts.
Payables

• What are the payables of a • Annual charges on the fruits

usufructuary?
• Annual taxes on the fruits

• Annual taxes on the land

Art. 597

• The taxes which, during the usufruct, may be imposed directly on the
capital, shall be at the expense of the owner.
• If the latter has paid them, the usufructuary shall pay him the proper
interest on the sums which may have been paid in that character;
and, if the said suns have been advanced by the usufructuary, he
shall recover the amount thereof at the termination of the usufruct.
• Who pays the taxes • The naked owner pays the
imposed directly on the taxes on the capital, such as
capital? estate tax; not annual taxes.
Art. 598

• If the usufruct be constituted on the whole of a patrimony,

and if at the time of its constitution the owner has debts, the
provisions of Articles 758 and 759 relating to donations shall
be applied, both with respect to the maintenance of the
usufruct and to the obligation of the usufructuary to pay
such debts.
• The same rule shall be applied in case the owner is obliged,
at the time the usufruct is constituted, to make periodical
payments, even if there should be no known capital.
Debts of the naked owner
• When does art. 598 apply? • If the usufruct is a universal
one – all of the property

• And the naked owner has

debts or is obliged to make
periodical payments.
Art. 599
• The usufructuary may claim any matured credits which form
a part of the usufruct if he has given or gives the proper
security. If he has been excused from giving security or has
not been able to give it, or if that given is not sufficient, he
shall need the authorization of the owner, or of the court in
default thereof, to collect such credits.
• The usufructuary who has given security may use the capital
he has collected in any manner he may deem proper. The
usufructuary who has not given security shall invest the said
capital at interest upon agreement with the owner; in
default of such agreement, with judicial authorization; and,
in every case, with security sufficient to preserve the
integrity of the capital in usufruct.
Matured credit

• When is the approval of the • If there is no security ro

court required? when there was only a
caucion juratoria.
• If the credit is collected,
who gets the credit? • The naked owner gets the
credit.
Art. 600

• The usufructuary of a mortgaged immovable shall not be

obliged to pay the debt for the security of which the
mortgage was constituted.
• Should the immovable be attached or sold judicially for the
payment of the debt, the owner shall be liable to the
usufructuary for whatever the latter may lose by reason
thereof.
Mortgaged immovable

• Who pays the debt for the • The naked owner must pay.
security of the mortgaged
property?
Art. 601

• The usufructuary shall be obliged to notify the owner of any

act of a third person, of which he may have knowledge, that
may be prejudicial to the rights of ownership, and he shall
be liable should he not do so, for damages, as if they had
been caused through his own fault.
Notice to owner

• When should a usufructuary • Third party commits acts

notify the naked owner? prejudicial to the rights of
ownership
• Urgent repairs are
needed
• An inventory is to be
made.
Art. 602

• The expenses, costs and liability in suits brought with regard

to the usufruct shall be borne by the usufructuary.
Cost of suits

• Who pays the cost of suits • The usufructuary pays the

and liabilities with regard to costs and liabilities in suits
the usufruct? with regard to the usufruct.
 Art. 603 –
Usufruct is extinguished:
4) By renunciation of the
1) By the death of the usufructuary;
usufructuary, unless a contrary 5) By the total loss of the thing
intention clearly appears; in usufruct;
2) By the expiration of the period 6) By the termination of the
for which it was constituted or right of the person
by the fulfilment of any constituting the usufruct;
resolutory condition provided in 7) By prescription.
the title creating the usufruct;
3) By merger of the usufruct and
ownership in the same person;
Is the “transfer of material possession”
equivalent to usufruct? [Baluran v Navaro]

• Bartered properties exchanged the material possession of

two lots by two owners. The inclusion of a resolutory
condition gives the parties knowledge that should this
condition happen, the agreement for the exchange of the
possession and use of the property is deemed terminated.

• Useful improvements may be removed without injury to the

property, but the usufructuary is not entitled to
reimbursement.
Is the act of claiming ownership of land by
registration considered as renunciation by a
usufructuary? [City of Manila v Monte de Piedad]
• City of Manila is the owner of the land, which granted the use of
the land to Monte de Piedad for the purpose of constructing a
building that will provide its charitable services; and if the building
is abandoned or no longer used as such, then the land and building
will be taken over by the city.
• Monte de Piedad sought to register itself as the owner of the
building and land with the Register of Deeds, which was granted.
This may be interpreted to seek ownership by prescription. But
prescription does not run against the government.
• The City of Manila petitioned the Court to order the Register of
Deeds to reflect the city as the owner of the land.
• Is Monte de Piedad a usufructuary that renounced the usufruct?
Art. 604

• If the thing given in usufruct should be lost only in part, the

right shall continue on the remaining parts.
Art. 605

• Usufruct cannot be constituted in favor of a town,

corporation, or association for more than fifty years. If it has
been constituted, and before the expiration of such period
the town is abandoned, or the corporation or association is
dissolved, the usufruct shall be extinguished by reason
thereof.
Can a survey affect the rights of a
usufructuary? [NHA V CA]

• A 7-hectare public land was surveyed but contained a

condition for a future survey. The land was for the
establishment of the National Government Center.
• Several offices of the national government constructed their
buildings and offices inside the NGC but there remained
vacant areas.
• Can non-governmental organizations enter into a
usufructuary agreement with the government? Can this be
revoked?
Art. 606

• A usufruct granted for the time that may elapse before a

third person attains a certain age, shall subsist for the
number of years specified, even if the third person should
die before the period expires, unless such usufruct has been
expressly granted only in consideration of the existence of
such person.
Art. 607

• If the usufruct is constituted on immovable property of

which a building forms part, and the latter should be
destroyed in any manner whatsoever, the usufructuary shall
have a right to make use of the land and the materials.
• The same rule shall be applied if the usufruct is constituted
on a building only and the same should be destroyed. But in
such a case, if the owner should wish to construct another
building, he shall have aright to occupy the land and to make
use of the materials, being obliged to pay to the
usufructuary, during the continuance of the usufruct, the
interest upon the sum equivalent to the value of the land
and of the materials.
Art 608

• If the usufructuary shares with the owner the insurance of

the tenement given in usufruct, the former shall in case of
loss, continue in the enjoyment of the new building, should
one be constructed, or shall receive the interest on the
insurance indemnity if the owner does not wish to rebuild.
• Should the usufructuary have refused to contribute to the
insurance, the owner insuring the tenement alone, the latter
shall receive the full amount of the insurance indemnity in
case of loss, saving always the right granted to the
usufructuary in the preceding article.
Who is entitled to the payment of insurance or
reparation damages? [Vda de Albar v Carandang]

• The usufructuary did not pay real estate taxes. Will this
act result in the loss of rights to the benefits derived
from the property?
Art 609

• Should the thing in usufruct be expropriated for public use,

the owner shall be obliged either to replace it with another
thing of the same value and of similar conditions, or to pay
the usufructuary the legal interest on the amount of the
indemnity for the whole period of the usufruct. If the owner
chooses the latter alternative, he shall give security for the
payment of the interest.
Art. 610

• A usufruct is not extinguished by bad use of the thing in

usufruct; but if the abuse should cause considerable injury
to the owner, the latter may demand that the thing be
delivered to him, binding himself to pay annually to the
usufructuary the net proceeds of the same, after deducting
the expenses and the compensation which may be allowed
him for its administration.
Art 611

• A usufruct constituted in favor of several persons living at

the time of its constitution shall not be extinguished until
the death of the last survivor.
Art 612

• Upon the termination of the usufruct, the thing in usufruct

shall be delivered to the owner, without prejudice to the
right of retention pertaining to the usufructuary or his heir
for taxes and extraordinary expenses which should be
reimbursed. After the delivery has been made, the security
or mortgage shall be cancelled.
What is the right of the usufructuary when
there are several usufructuaries? [Policarpio
v Salamat, Asuncion]

• What is the meaning of the term “up to the death of the

last survivor”?