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USUFRUCT(ARTICLES 562-612)

WHAT IS USUFRUCT?
REAL RIGHT BY VIRTUE OF WHICH A PERSON IS GIVEN THE RIGHT TO
ENJOY THE PROPERTY OF ANOTHER WITH THE OBLIGATION OF
PRESERVING ITS FORM AND SUBSTANCE, UNLESS THE TITLE
CONSTITUTING IT OR THE LAW PROVIDES OTHERWISE (ARTICLE 562)
2 REQUISITES OF USUFRUCT
ESSENTIAL
R!"# #$ %&'$( #"% )*$)%*#( $+ ,&$#"%*
ACCIDENTAL
O-.!,#$& $+ )*%/%*0&! #"% +$*1 ,&2 /3-/#,&4% $+ /34" )*$)%*#(
T"% ##.% 4$&/##3#&! #"% 3/3+*34# $* #"% .,5 1,( $#"%*5/% )*$02%,
,/ & #"% 4,/% $+ ABNORMAL USUFRUCT
Usufruct vs. Ownership
U/3+*34# O5&%*/")
LIMITED MERELY TO THE
ENJOYMENT OF THE PROPERTY
(JUS UTENDI ,&2 JUS FRUENDI)
HAS THE FF6 ATTRIBUTES6 (7)
RIGHT TO ENJOY (JUS UTENDI,
JUS FRUENDI, JUS EBUTENDI)
(2) RIGHT TO DISPOSE (JUS
DISPONENDI) (8) RIGHT TO
VINDICATE OR RECOVER THE
PROPERTY
How is USUFRUCT constitute?
ARTICLE 563
BY LAW
BY THE WILL OF PRIVATE PERSONS EXPRESSED
IN ACTS INTER VIVOS
BY THE WILL OF PRIVATE PERSONS EXPRESSED
IN A LAST WILL AND TESTAMENT
BY PRESCRIPTION
Usufruct vs. !e"se
USUFRUCT LEASE
AS TO NATURE OR
RIGHT
A.5,(/ , *%,. *!"# B%4$1%/ *%,. *!"#
$&.( 5"%& *%!/#%*%29
AS TO
CONSTITUTION
C$&/##3#%2 -( (7) .,5,
(2) -( #"% 5.. $+
)*0,#% )%*/$&/
%:)*%//%2 & ,4#/ &#%*
00$/ $* & , .,/# 5..
,&2 #%/#,1%&#, ,&2 (8)
-( )*%/4*)#$&
C$&/##3#%2 -(
CONTRACT
AS TO PERSONS
CONSTITUTING IT
M3/# -% #"% $5&%* N%%2 &$# -% #"% $5&%*
AS TO E;TENT I&4.32%/ #"% *!"# #$
3/% ,&2 %&'$( #"%
+*3#/
M$*% .1#%2
AS TO REPAIRS U/3+*34#3,*( /
*%/)$&/-.% +$*
$*2&,*( *%),*/
L%//%% / &$#
*%/)$&/-.%
AS TO TA;ES U/3+*34#3,*( /
*%/)$&/-.% +$* #,:%/
$& +*3#/
L%//%% / &$#
*%/)$&/-.%
Who sh"## $e entit#e to the %IC of the propert& in USUFRUCT?
GEN9 RULE
USUFRUCTUARY /",.. -% %&##.%2 #$ ALL #"% NIC $+ #"% )*$)%*#( &
3/3+*34# (ART9 566)
IS A USUFRUCTUAR' E%TIT!E( TO HI((E% TREASURE (ISCO)ERE( O%
THE !A%( HE!( I% USUFRUCT? As to HIDDEN TREASURE whih
!"# $% &o'() o( th% *+o*%+t# HE SHALL BE CONSIDERED AS
STRAN,ER-
S*ECIA! RU!ES O% %ATURA! + I%(USTRIA! FRUITS OF *RO*ERT' I%
USUFRUCT
ARTICLE 56<
IF GROWING AT THE TIME THE USUFRUCT BEGINS
BELONG TO THE USUFRUCTUARY
IF GROWING AT THE TIME THE USUFRUCT TERMINATES
BELONG TO THE OWNER
Is the USUFRUCTUAR' o$#i,e to refun to the OW%ER the e-penses incurre
"t the $e,innin, of USUFRUCT? NO
Is the owner o$#i,e to rei.$urse the usufructu"r& "t the ter.in"tion of
USUFRUCT? YES, F*$1 #"% )*$4%%2/ $+ #"% !*$5&! +*3#/, #"% $*2&,*( %:)%&/%/ $+
43.#0,#$&, +$* /%%2 ,&2 $#"%* /1.,* %:)%&/%/ &43**%2 -( #"% 3/3+*34#3,*(
How "$out speci"# ru#es in CI)I! FRUITS?
ARTICLE 56=
BELONG TO THE USUFRUCTUARY IN PROPORTION TO THE TIME THE
USUFRUCT MAY LAST
Wh"t if the effect if usufructu"r& h"s #e"se the propert&/ "n the usufruct
shou# e-pire $efore the ter.in"tion of #e"se? HE OR HIS HEIRS OR
SUCCESSORS SHALL RECEIVE ONLY A PROPORTIONATE SHARE OF THE
RENT (ART9 56>)
WHO SHA!! OW% THE CI)I! FRUITS IF THE USUFRUCT CO%SISTS EITHER I%
THE RI0HT TO RECEI)E 1A2 RE%TS/ OR 132 *ERIO(ICA! *E%SIO%S/ OR 1C2
THE I%TERESTS O% 3O%(S OR SECURITIES *A'A3!E TO 3EARER OR I%
THE 1(2 E%4O'5E%T OF 3E%EFITS ACCRUI%0 FRO5 A *ARTICI*ATIO% I%
A%' I%(USTRIA! OR CO55ERCIA! E%TER*RISE?
%OTE6 THE (ATE OF (ISTRI3UTIO% IS %OT FI7E(?
ANSWER SUCH RENTS, PENSIONS, OR INTERESTS, OR BENEFITS,
WHICH ARE ALL CONSIDERED CIVIL FRUITS BELONG TO THE
USUFRUCTUARY IN PROPORTION TO THE TIME THE USUFRUCT MAY
LAST9 (ART9 5<?)
Wh"t "re A3%OR5A! USUFRUCTS?T"$/% 5"%*% #"% 3/3+*34#3,*( 2$%/ &$# ",0%
#"% $-.!,#$& $+ )*%/%*0&! #"% +$* ,&2 /3-/#,&4% $+ #"% )*$)%*#( 5"4" / #"% $-'%4#
$+ #"% 3/3+*34#9
ARTICLES 5<8 AND 5<@
E;AMPLES6
USUFRUCT OVER CONSUMABLE PROPERTY
USUFRUCT OVER NONACONSUMABLE THINGS THAT
DETERIORATE (3/3+*34# $0%* , 4,*)
USUFRUCT OVER STERILE ANIMALS (A*#9 5=7)
WHE%E)ER THE USUFRUCT I%C!U(ES THI%0S WHICH/ WITHOUT 3EI%0
CO%SU5E(/ 0RA(UA!!' (ETERIORATE THROU0H WEAR A%( TEAR/ IS THE
USUSFRUCTUAR' HAS THE RI0HT TO 5A8E USE THEREOF? ARTICLE 5<8 ,IN
ACCORDANCE WITH THE PURPOSE WHICH THEY ARE INTENDED
(oes he h"s the ri,ht to return the. "t the ter.in"tion of usufruct? HE HAS NO
RIGHT TO RETURN THEM AT THE TERMINATION OF USUFRUCT E;CEPT IN
THEIR CONDITION AT THAT TIME
IS HE REQUIRE( TO I%(E5%IF' THE OW%ER FOR A%' (ETERIORATIO%
THAT THE' 5A' HA)E SUFFERE( 3' REASO%? Y%/, ONLY THOSE THAT
THEY MAY HAVE SUFFERED BY REASON OF HIS FRAUD OR NEGLIGENCE
IS THE USUFRUCTUAR' HAS THE RI0HT TO 5A8E USE OF THE THI%0S
WHICH CA%%OT 3E USE( WITHOUT 3EI%0 CO%SU5E(? (ARTICLE 5<@)
UNDER THE OBLIGATION OF PAYING THEIR APPRAISED VALUE AT THE
TERMINATION OF THE USUFRUCT IF THEY WERE APPRAISED WHEN
DELIVERED9
Wh"t if the& were not "ppr"ise when e#ivere? HE SHALL HAVE THE RIGHT
TO RETURN THE SAME BUANTITY AND BUALITY, OR THEIR CURRENT PRICE
AT THE TIME THE USUFRUCT CEASES9
5A' 5O%E' 3E THE O34ECT OF USUFRUCT? ARTICLE 5<@
ALUNAN 0/9 VELOSO, 52 PHIL9 5@5
VDA9 DE ALBAR 0/9 FABIE, 7?6 PHIL9 >55
5A' A RI0HT OF USUFRUCT 3E A!IE%ATE(? A&/5%*6 WE NEED TO
DISTINGUISH
AS FOR VOLUNTARY USUFRUCTS
T"%( 4,& -% ,.%&,#%2
ARTICLE 5<2
E;CEPTIONS6
PURELY PERSONAL USUFRUCTS
THOSE SUBJECT TO CAUCION JURATORIA UNDER
ART9 5><
AS FOR LEGAL USUFRUCTS
T"%( CANNOT -% ,.%&,#%2
E;9 U/3+*34# 5"4" ),*%&#/ ",0% $0%* #"% )*$)%*#( $+ #"%*
3&%1,&4),#%2 4".2*%&, -%4,3/% $+ #"%* &,#3*%
Wh"t is CAUCIO% 4URATORIA?
PROMISE UNDER OATH.
/ART- 501
Th% 's'&+'t'"+#2 $%i(3 '("$4% to 54% th% +%6'i+%)
$o() o+ s%'+it#2 54%s " 7%+i5%) PETITION i( th% *+o*%+
o'+t2 "s8i(3 &o+ th% )%4i7%+# o& th% ho's% "()
&'+(it'+% (%%ss"+# &o+ hi!s%4& "() his &"!i4# witho't
"(# $o() o+ s%'+it#-
S"!% +'4% "( "4so $% "**4i%) to th% i(st+'!%(ts o+
too4s (%%ss"+# &o+ "( i()'st+# o+ 7o"tio( i( whih
th% 's'&+'t'"+# is %(3"3%)-

Wh"t "re the o$#i,"tions of the usufructu"r& "t the co..ence.ent of


usufruct?
TO MA9E AN INVENTORY OF THE PROPERTY: AND
TO ,IVE THE NECESSARY SECURITY
ARTICLE 503
WHE% THE I%)E%TOR' IS %OT REQUIRE(?
WHEN NO ONE WILL BE INJURED THEREBYC
IN CASE OF WAIVER BY THE NADED OWNER OR
THE LAW, OR
WHEN THERE IS STIPULATION IN A WILL OR CONTRACT
Wh"t "re his o$#i,"tions urin, the penenc& of usufruct?
TO TA9E CARE OF THE PROPERTY AS A ,OOD FATHER
OF A FAMILY ;ART- 50<=
TO MA9E ORDINARY REPAIRS ON THE PROPERTY ;ART-
5<>=
TO NOTIFY THE OWNER IN CASE THE NEED FOR
EXTRAORDINARY REPAIRS ON THE PROPERTY IS
UR,ENT ;ART- 5<3=
TO PAY THE ANNUAL CHAR,ES AND TAXES AND THOSE
CONSIDERED AS A LIEN ON THE FRUITS ;ART- 5<6=
TO NOTIFY THE OWNER OF ANY ACT OF A THIRD
PERSON THAT MAY BE PRE?UDICIAL TO THE RI,HT OF
OWNERSHIP ;ART- 6@A=
TO PAY THE EXPENSES2 COSTS AND LIABILITIES IN
SUITS WITH RE,ARD TO THE USUFRUCT ;ART- 6@>=
WHAT ARE HIS O3!I0ATIO%S U*O% THE TER5I%ATIO% OF USUFRUCT?
TO DELIVER THE THING TO THE OWNER
WITHOUT PREJUDICE TO THE RIGHT OF RETENTION PERTAINING TO
HIM OR HIS HEIRS FOR TA;ES AND E;TRAORDINARY E;PENSES
WHICH SHOULD BE REIMBURSED9
When is the usufructu"r& e-cuse fro. the o$#i,"tion of ,ivin, $on or
securit&?
WHEN NO ONE WILL BE IN?URED BY THE LAC9 OF A
BOND OR SECURITY ;ART- 505=
Wh%( th%+% is w"i7%+ $# th% USUFRUCTUARY o+ THERE
IS A STIPULATION EITHER IN A WILL OR BY CONTRACT
WHEN THE USUFRUCTUARY IS THE DONOR OF THE
PROPERTY ;WHO HAS RESERVED THE USUFRUCT=
DONATED ;ART- 50B=
IN THE CASE OF PARENTAL USUFRUCTC
IN THE CASE OF USUFRUCTS SUB?ECT TO CAUCION
?URATORIA UNDER ART- 501
Wh"t "re the ri,hts of usufructu"r& if he incurs necess"r&/ usefu# "n
orn".ent"# e-penses
TO DEMAND REIMBURSEMENT FROM THE OWNER OF ALL
NECESSARY E;PENSES WHICH HE MIGHT HAVE INCURRED FOR THE
PRESERVATION OF THE PROPERTY9 (ART9 5@6)
WHAT A3OUT TO USEFU! A%( OR%A5E%TA! E7*E%SES?
NOT AVAILABLE TO USEFUL AND ORNAMENTAL
EXPENSES
ARTICLE 51<
WHAT ARE HIS RE5E(IES?
TO REMOVE THE IMPROVEMENTS PROVIDED THAT IT IS
POSSIBLE TO DO SO WITHOUT DAMA,E TO THE
PROPERTY
TO SET OFF SUCH IMPROVEMENTS A,AINST ANY
DAMA,E TO THE PROPERTY
WHO IS RES*O%SI3!E FOR RE*AIRS?
IN THE CASE OF REPAIRS2 WE MUST
DISTIN,UISH
FOR ORDINARY REPAIRS
/USUFRUCTUARY is +%s*o(si$4%
EXTRAORDINARY REPAIRS
/NA9ED OWNER is +%s*o(si$4%
AARTICLES 5=2, 5=8)
WHO IS RES*O%SI3!E FOR THE TA7ES?
IN THE CASE OF TAXES2 WE MUST ALSO DISTIN,UISH
FOR THOSE IMPOSED UPON OR WHICH CONSTITUTE A
LIEN ON THE FRUITS ARE CONCERNED
USUFRUCTUARY / *%/)$&/-.%
THOSE IMPOSED DIRECTLY UPON THE THING OR CAPITAL
ITSELF ARE CONCERNED
NADED OWNER / *%/)$&/-.%
(OES THE USUFRUCT RESER)E( 3' THE )E%(OR I% THE (EE( OF SA!E
O)ER !OTS THE% )ACA%T 0I)E THE USUFRUCTUAR' THE RI0HT TO
RECEI)E THE RE%TA!S OF CO55ERICA! 3UI!(I%0 THEREAFTER
CO%STRUCTE( THEREO% 3' THE )E%(EES WITH THEIR OW% FU%(S? NO
GABOYA 0/9 CUI, 2< SCRA >5C
WITH OR WITHOUT THE E;PRESS OR IMPLIED CONSENT OF THE
USUFRUCTUARY
THE USUFRUCTUARY (VENDOR) IS NOT ENTITLED TO THE RENTALS
OF SUCH COMMERCIAL BUILDING9
ART9 5=5
T"% &,E%2 $5&%* / ,..$5%2 #$ 1,E% ,&( 4$&/#*34#$& $*
1)*$0%1%&# $+ 5"4" #"% 11$0,-.% 3/3+*34# / /3/4%)#-.%,
PROVIDED #",# /34" 4$&/#*34#$& 2$%/ &$# 4,3/% , 21&3#$& &
#"% 3/3+*34# $* )*%'324% #"% *!"# $+ #"% 3/3+*34#3,*(9
0A3O'A vs. CUI/ 29 SCRA :;
IT IS EVIDENT THAT THE CONSTRUCTION OF THE
COMMERCIAL BUILDIN, HAS REDUCED THE AREA OF
THE LAND- TO THAT EXTENT HAS THE VALUE OF THE
USUFRUCT BEEN DIMINISHED-
IN ORDER NOT TO PRE?UDICE THE USUFRUCTUARY2 HE
SHOULD BE PROPERLY INDEMNIFIED BY THE NA9ED
OWNERS
Th% ("8%) ow(%+s sho'4) *"# to th% 's'&+'t'"+# "
!o(th4# +%(t"4 &o+ th% "+%" o& th% 4"() o'*i%) $#
th%i+ $'i4)i(3! th% "!o'(t o& whih sh"44 $%
)%t%+!i(%) o(si)%+i(3 th% +%(t"4 7"4'% o& 4"()s i( th%
(%i3h$o+hoo)-
5oes of e-tin,uishin, usufructs
BY DEATH OF THE USUFRUCTUARY2 UNLESS A
CONTRARY INTENTION APPEARS
BY EXPIRATION OF THE PERIOD FOR WHICH IT WAS
CONSTITUTED2 OR BY FULFILLMENT OF ANY
RESOLUTORY CONDITION PROVIDED IN THE TITLE
CREATIN, THE USUFRUCT
BY MER,ER OF THE USUFRUCT AND OWNERSHIP IN
THE SAME PERSON
BY RENUNCIATION OF THE USUFRUCTUARY
BY THE TOTAL LOSS OF THE THIN, IN USUFRUCT
BY THE TERMINATION OF THE RI,HT OF THE PERSON
CONSTITUTIN, THE USUFRUCT
BY PRESCRIPTION ;ART 6@3=
IT IS WELL SETTLED THAT RENTS CONSTITUTE
EARNIN,S OF THE CAPITAL INVESTED IN THE
ACDUISITION OF BOTH LAND AND BUILDIN,-
THERE CAN BE LAND WITHOUT BUILDIN,2 BUT THERE
CAN BE NO BUILDIN, WITHOUT LAND-
THE THIN,S IN USUFRUCT ARE THE > BUILDIN,S AND
THE LAND ITSELF-
UNDER THE NCC2 IN ORDER THAT THERE WILL BE AN
EXTIN,UISHMENT OF THE USUFRUCT2 IT IS ESSENTIAL
THAT THE THIN,S IN USUFRUCT MUST BE TOTALLY
LOST OR DESTROYED- ;ART- 6@3 ;5=
<. WHAT IS A% A3%OR5A! USUFRUCT?
2. Wh"t "re the ri,hts of usufructu"r& if he incurs necess"r&/ usefu# "n
orn".ent"# e-penses?
=. Wh"t "re the ri,hts of usufructu"r& if he incurs necess"r&/ usefu# "n
orn".ent"# e-penses?
A%A SO!( A *RCE! OF !A%( WITH 2 3UI!(I%0S THEREO% TO 3EA
FOR *<>>/>>> SU34ECT TO THE CO%(ITIO% THAT A%A SHA!!
RECEI)E FRO5 3EA 3' WA' OF !IFE *E%SIO% <?= OF THE RE%TS
OF THE 2 3UI!(I%0S. WITHOUT 3EA@S FAU!T/ THE 2 3UI!(I%0S
WERE TOTA!!' (ESTRO'E( 3' FIRE. 3EA %OW A!!E0ES THAT
THE RI0HT TO RECEI)E A !IFE *E%SIO% WAS E7TI%0UISHE( U*O%
THE !OSS OF THE 3UI!(I%0S. IS SUCH CE%TE%TIO% )A!I(?
%OT A )A!I( CO%TE%TIO%
A%A@S RI0HT TO RECEI)E A !IFE *E%SIO% WAS %OT E7TI%0UISHE(
3' THE !OSS OF THE 2 3UI!(I%0S.
U%(ER THE CO%(ITIO%S A0REE( U*O% 3' A%( 3ETWEE% A%A
A%( 3EA THAT A%A SHA!! RECEI)E FRO5 3EA 3' WA' OF !IFE
*E%SIO% <?= OF THE RE%TS OF THE 2 3UI!(I%0S/ I% REA!IT'/ WHAT
WAS CREATE( OR CO%STITUTE( WAS A !IFE USUFRUCT/ WITH A%A
AS USUFRUCTUAR'/ WHERE3' A%A SHA!! A!WA'S 3E E%TIT!E(
(URI%0 HER !IFETI5E TO <?= OF THE RE%TS OF THE 2 3UI!(I%0S/