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The fundamental principles of justice / necessarily connote / a rule of law / (e) Expenses are to be borne by the usufructuary, since

, since the duty is his;


and not of men / and an acceptance / of the concept / of human rights / Effect of not making inventory (except when excused) — same as
inhering in man / by virtue of his very humanity / and not granted to him / by when the security is not given
the state / and fearless and committed lawyers / to seek enforcement / by a
free and independent judiciary / sworn to protect / and enforce the law /
(f) When inventory is not required
without fear or favor. 1) When no one will be injured thereby, provided the naked
owner consents, for the law says “may”
Art. 583. The usufructuary, before entering upon the enjoyment of the 2) In case of waiver by the naked owner or the law or when
property, is obliged: there is a stipulation in a will or contract

(1) To make, after notice to the owner or his legitimate representative The Giving of Security
an inventory of all the property, which shall contain an appraisal of the
movables and a description of the condition of the immovables; (a) Purpose: To insure faithful compliance of the duties of the
usufructuary (whether required during or at end of the usufruct — like
(2) To give security, binding himself to fulfill the obligations imposed the duty to return)
upon him in accordance with this Chapter.
(b) Form of Security —any kind of sufficient security should be allowed
— such as a cash or personal bond, mortgage, etc.
The usufructuary has obligations:
(c) When Security Is Not Required:
(a) before the usufruct (like the making of inventory) 
 1) When no one will be injured thereby (NO PREJUDICE)
i. Example: in the usufruct over a periodical income or
(b) during the usufruct (like taking due care of property) 
 life annuity. Provided naked owner consents for the
(c) after the usufruct (like the duty to return and indemnify in the proper law says “may”
cases) 2) When there is waiver by the naked owner or there is a
stipulation either in a will or by contract
- two obligations (inventory and security)
- not necessary however before the right to the usufruct begins; they are 3) When the usufructuary is the donor of the property (who has
merely necessary before physical possession and enjoyment of the property reserved the usufruct)
can be had 4) When there is a parental usufruct
- if the usufructuary fails to give security (unless exempt) the usufruct still i. in the case of parents who are usufructuaries of their
begins but the naked owner will have the rights granted him under Art. 586 children’s property
ii. except when the parents contract a second or
Requirements for the Making of the Inventory subsequent marriage
iii. PROVIDED that each child’s property does not
exceed P50,000 in which case, the parents have to
(a) The owner (or his legitimate representative) must be previously file a bond not as usufructuary, but as guardian or
NOTIFIED - Purpose of notice: To enable him to correct errors in the
administrator
inventory
(b) The condition of the IMMOVABLES must be described 5) When there is a caucion juratoria
i. takes the place of a bond
(c) The movables must be appraised (in view of easy deterio-ration or ii. made by taking an oath to fulfill properly the duties
loss) of a usufructuary
(d) As a rule, NO FORM is required except that when there are real iii. BUT this is available only under the conditions
properties, Art. 1358 demands a public instrument to affect third prescribed in Art. 587
parties. 

Art. 584. The provisions of No. 2 of the preceding article shall not apply The grant may be made by somebody else authorized by said naked owner.
to the donor who has reserved the usufruct of the property donated, or
to the parents who are usufructuaries of their children’s property, Art. 586. Should the usufructuary fail to give security in the cases in
except when the parents contract a second marriage. which he is bound to give it, the owner may demand that the
immovables be placed under administration, that the movables be sold,
SECURITY NOT REQUIRED that the public bonds, instruments of credit payable to order or to
bearer be converted into registered certificates or deposited in a bank
1) When the usufructuary is the donor of the property (who has or public institution, and that the capital or sums in cash and the
reserved the usufruct) proceeds of the sale of the movable property be invested in safe
securities.
 Donor, not seller (onerous contract)
 word “remitter” can also be used, for “remission” is The interest on the proceeds of the sale of the movables and that on
gratuitous public securities and bonds, and the proceeds of the property placed
under administration, shall belong to the usufructuary.
 formalities of “donation” or “remission” must be com- plied
with 

Furthermore, the owner may, if he so prefers, until the usufructuary
 In case of “remuneratory” (with a future burden) donation,
gives security or is excused from so doing, retain in his possession the
the parties may stipulate on the necessity of a security 

property in usufruct as administrator, subject to the obligation to
2) When there is a parental usufruct deliver to the usufructuary the net proceeds thereof, after deducting the
 in the case of parents who are usufructuaries of their sums which may be agreed upon or judicially allowed him for such
children’s property administration.
 except when the parents contract a second or subsequent
marriage Effects of Failure to Give Security (Unless Exempted)
 PROVIDED that each child’s property does not exceed
P50,000 in which case, the parents have to file a bond not On the Rights of the Naked Owner:
as usufructuary, but as guardian or administrator
1) He may deliver the property to the usufructuary
 “Second” marriage may be “third, fourth, etc.” or any a. article gives the owner a right, and not a duty
subsequent marriage, as the case may be 
 b. but even if delivery is made, the naked owner may still later
on demand the needed security
Art. 585. The usufructuary, whatever may be the title of the usufruct, 2) OR the naked owner may choose RETENTION of the property as
may be excused from the obligation of making an inventory or of giving ADMINISTRATOR
security, when no one will be injured thereby. a. usufructuary gets the net proceeds, minus administration
expenses, the amount of which is fixed by mutual agreement
When inventory is not required: or by the courts

When no one will be injured thereby (as in the case of usufruct over a
3) OR the naked owner may demand RECEIVERSHIP or
ADMINISTRATION (by another) of the REAL PROPERTY, sale of
periodical pension or incorporeal right) provided the naked owner consents,
movable, conversion or deposit of credit instruments, or investment
for the law says “may.”
of cash or profits
The law says “may,” therefore the usufructuary is not always excused, the
On the Rights of the Usufructuary:
exemption being dependent on the naked owner. In case the naked owner
refuses to make the exemption, appeal can be had before the courts, and the
judge should consider all the circumstances in deciding whether or not to 1) The usufructuary cannot possess the property till he 
 gives the
give the grant 
 security. 

2) The usufructuary cannot administer the property, hence, he cannot the usufruct
execute a lease thereon. (c) approval of the court 

3) The usufructuary cannot collect credits that have matured, nor invest (d) sworn promise 

them unless the Court or the naked owner consents.
a. This No. (3) applies also even if the usufructuary is Although the owner may demand the sale of movables (public or private
EXEMPTED from giving security sale), still he may want to retain some of them for their artistic worth or
4) But the usufructuary can alienate his right to the usufruct (since sentimental value, in which case, he may demand their delivery to him
failure to give the security did not extinguish the usufruct) provided he gives security for the payment of legal interest on their appraised
a. The grantee may of course possess, the moment he gives value.
security
If the movable be sold, the cash belongs to the naked owner, but the interest

 The receiver or administrator (a third person) is entitled naturally to thereon (6% per annum) belongs to the usufructuary.
administration expenses.
Restriction on Usufructuary
Art. 587. If the usufructuary who has not given security claims, by
virtue of a promise under oath, the delivery of the furniture necessary He cannot alienate or lease the property for this means he does not need
for his use, and that he and his family be allowed to live in a house them
included in the usufruct, the court may grant this petition, after due
consideration of the facts of the case. Rule in Case Usufructuary is Exempted from the Duty to Give Security

The same rule shall be observed with respect to implements, tools and Art. 587 does not apply when the usufructuary is exempted from giving
other movable property necessary for an industry or vocation in which security. It applies only if he is required but cannot afford to give the security.
he is engaged.
Art. 588. After the security has been given by the usufructuary, he shall
If the owner does not wish that certain articles be sold because of their have a right to all the proceeds and benefits from the day on which, in
artistic worth or because they have a sentimental value, he may accordance with the title constituting the usufruct, he should have
demand their delivery to him upon his giving security for the payment commenced to receive them.
of the legal interest on their appraised value.
Retroactive Effect of the Security Given
‘Caucion Juratoria’
Once the bond is given, there is RETROACTIVITY. 

The “promise under oath” is called a “caucion juratoria”
— a sworn duty to take good care of the property and return same at If the usufruct commences Jan. 3, 2003 but security is given Mar. 3, 2003,
the end of the usufruct the usufructuary is entitled to all the proceeds and benefits of the usufruct
— takes the place of the bond or security and is based on necessity and from Jan. 3, 2003. 

humanity as when a poor family acquires by inheritance, the usufruct
of a badly needed house Art. 589. The usufructuary shall take care of the things given in usufruct
as a good father of a family.
Requisites Before the Caucion Juratoria Is Allowed
Duty of Usufructuary to Take Care of Property
(a) proper court petition 

(b) necessity for delivery of furniture, implements or house included in (a) Although care of a pater familias is required (Art. 589), still a usufruct
is not extinguished by bad use
a. Bad use, if owner suffers considerable injury, entitles him to If the animals on which the usufruct is constituted should all perish,
demand its administration without prejudice to the usufruct without the fault of the usufructuary, on account of some contagious
disease or any other uncommon event, the usufructuary shall fulfill his
(b) In the exercise of prudent care, the usufructuary is required to obligation by delivering to the owner the remains which may have been
a. make ORDINARY repairs (Art. 592) saved from the misfortune.
b. notify the naked owner of urgency of EXTRAORDINARY
REPAIRS (Art. 593) Should the herd or flock perish in part, also by accident and without the
c. any acts which may prove detrimental to ownership (Art. fault of the usufructuary, the usufruct shall continue on the part saved.
610)
d. Moreover, the 
 usufructuary answers for damage caused Should the usufruct be on sterile animals, it shall be considered, with
by the fault or negligence of his alienee, grantee, agent, or respect to its effects, as though constituted on fungible things.
lessee (See Art. 590)
This article applies only when the usufruct is on a FLOCK and HERD of
Rule When Property Has Been Damaged livestock (not two or three animals merely).

Damage to property caused by the fault or negligence of the usufructuary is Rules in case of FRUITFUL or PRODUCTIVE Live- stock
demandable right away, and therefore the naked owner need not wait for
the end of the usufruct before bringing the proper action for indemnity Where there is obligation to REPLACE —

The usufructuary is not entitled to reimbursement for ordinary repairs 1) if some animals die from natural causes; 

(Art. 592) but may retain the property till he is reimbursed of extraordinary 2) or if some animals are lost due to rapacity of beasts of prey[
expenses, which he may have been compelled to do.  even though the cause be fortuitous, there is the duty to
replace -because such loss is more or less EXPECTED and
Art. 590. A usufructuary who alienates or leases his right of usufruct is NATURAL (The remains of the dead animals belong to the
shall answer for any damage which the things in usufruct may suffer usufructuary.)
through the fault or negligence of the person who substitutes him.  Replacement should be made from the YOUNG produced
 if 15 cattles died, but only 3 were produced, only 3 must be
Liability of Usufructuary for Acts of the Substitute replaced; hence also, if 15 died, but 20 were produced, the
excess of 5 belong to the usufructuary since they are
1. The usufructuary is made liable for the acts of the substitute (fault, FRUITS
negligence, or even willful deceit).
 
 If 15 died, and 15 were produced, but only 12 remain
because the 3 were SOLD, the usufructuary must still
 while the substitute answers to the usufructuary, the replace the remaining three, even in cash, otherwise he
usufructuary answers to the naked owner could, by his own act, defeat the law
 Although the law says “each year,” this does not necessarily
2. Even when there is a sub-usufructuary, it is still the usufructuary who mean that the computation will have to be done yearly. It is
answers to the naked owner for ordinary repairs, taxes on the sufficient to sum up the losses and produce for all the time
fruits, etc. the usufruct may last. For there can be no conceivable
reason why computation should be done yearly
Art. 591. If the usufruct be constituted on a flock or herd of livestock,
the usufructuary shall be obliged to replace with the young thereof the Where there is NO obligation to replace —
animals that die each year from natural causes, or are lost due to the
rapacity of beasts of prey.
1) if there is a total loss of the animals because of some
UNEXPECTED or UNNATURAL loss (like some contagious disease
or any other uncommon event, provided the usufructuary has NO Can usufructuary exempt himself from the duty to make or pay for the
FAULT) necessary repairs by RENOUNCING the usufruct?
2) if there is a partial loss (under the same conditions)
a. Since there is no obligation to replace, it follows that even if ANS.:
all should perish, the remains (bones, carcass) must be
delivered to the owner. The same is true in case of partial 1) If he had NO fault — yes, but he must surrender the fruits received.
loss. The remains, not the remainder, must be given to the 2) If he was at FAULT — no. He would still be liable for damages.
naked owner
b. In case of partial loss, the usufruct continues on the If naked owner had demanded the re- pair, and the usufructuary still fails to
remainder, provided that the loss be by accident and without do so, the owner may make them (personally or thru another) at the expense
fault of the usufructuary of the usufructuary.
c. If the partial loss be because of the usufructuary’s FAULT,
does the usufruct continue on the remainder? 
 ANS.: “Those required by the wear and tear due to the natural use of the thing and
Manresa says “yes” because bad use or abuse does not are indispensable for its preservation.’’
extinguish the usufruct, without prejudice however to the
right of the naked owner to demand administration by him
Under Art. 573, the deterioration results even if there be repairs, hence, they
are not chargeable to the usufructuary.
Rule in Case of Sterile Animals
Art. 593. Extraordinary repairs shall be at the expense of the owner. The
Since there are no young (broods) here, the rule of usufruct over fungibles usufructuary is obliged to notify the owner when the need for such
applies. (Art. 574) repairs is urgent.
Art. 592. The usufructuary is obliged to make the ordinary repairs
Duty of Naked Owner to Make Extraordinary Repairs
needed by the thing given in usufruct.
Art. 594. If the owner should make the extraordinary repairs, he shall
By ordinary repairs are understood such as are required by the wear have a right to demand of the usufructuary the legal interest on the
and tear due to the natural use of the thing and are indispensable for its amount expended for the time that the usufruct lasts.
preservation. Should the usufructuary fail to make them after demand
by the owner, the latter may make them at the expense of the
Should he not make them when they are indispensable for the
usufructuary.
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,
Duty to Make Ordinary Repairs; conditions the increase in value which the immovable may have acquired by
reason of the repairs.
1) They are required by NORMAL or NATURAL use. They are needed
for preservation. Kinds of Extraordinary Repairs
2) They must have occurred DURING the usufruct (because those
occurring before and after the end of the usufruct should be borne by (a) those caused by natural use but NOT NEEDED for preservation
the naked owner).
(b) those caused by ABNORMAL or EXCEPTIONAL circumstances and
3) They must have happened with or without the fault of the needed for preservation
usufructuary.  when an earthquake renders the stairs of a house unsafe, or
 If he was at FAULT, the usufructuary must pay indemnity for when lightning splits a table into two
damages
(c) those caused by ABNORMAL or EXCEPTIONAL circumstances but
are NOT NEEDED for preservation the duration of the usufruct.

Who Should Pay Extraordinary Repairs? Reason: The usufructuary has really benefited, otherwise the thing may not
properly be used. 

those in (a) — the NAKED OWNER (whether or not he is notified by the
usufructuary) Right of Usufructuary Who Has Made Extraordinary Repairs

 the law does NOT require the naked owner to make them. If he does (a) get increase in value (PLUS Value) or get reimbursement of expenses
not want to, it is also all right. What is important is that if made, the  To compute increase in value, get the difference between the
expenses must be borne by the naked owner value BEFORE and the value AFTER the repairs
 Also the clause “If the owner should make the extraordinary repairs.”
This means that he is not required by the law to make them, nor can
(b) right of RETENTION till paid
 reimbursement is to be made only at the END of the usufruct
he be compelled by the usufructuary to make them
Art. 595. The owner may construct any works and make any
those in (b) — the NAKED OWNER (whether or not he is notified)
improvements of which the immovable in usufruct is susceptible, or
make new plantings thereon if it be rural, provided that such acts do
 
 he cannot be compelled by the usufructuary to make them not cause a diminution in the value of the usufruct or prejudice the
 the usufructuary is allowed to make them, with the right to get the right to the usufructuary.
increase in value and the right of RETENTION (till paid) at the
termination of the usufruct, provided that there was NOTIFICATION Constructions, Improvements, and Plantings by the Naked Owner
by the usufructuary and FAILURE to repair by the naked owner
Although the property is in the possession of the usufructuary, the naked
those in 1(c) — the NAKED OWNER (whether or not he has been notified) owner may still —

 usufructuary cannot compel the naked owner to make them (a) construct works 

 nor is the usufructuary allowed to make them, even if the naked (b) make improvements 

owner has failed to make them
(c) make new plantings (if rural) 

 there is no necessity for preservation here
PROVIDED:
Requisites Before Usufructuary Is Allowed to Make Extraordinary
Repairs
(a) the value of the usufruct is not diminished 

(a) There must be due notification to naked owner of urgency. 
 (b) or the right of the usufructuary is not prejudiced. 

(b) The naked owner failed to make them. 

Effect of Increase in the Value of the Usufruct
(c) The repair is needed for preservation. 

If because of said constructions or plantings, the value of the usufruct
Why Generally the Naked Owner Pays for the Extraordinary Repairs 
 increases —

It is his property. 

(a) the usufructuary profits by said increase (for he will still be entitled to
the use and fruits thereof);
Right of Naked Owner If He Makes the Extraordinary 
 Repairs
(b) the usufructuary does not have to pay legal interest on the
He can demand from the usufructuary the LEGAL interest on the amount for improvement
 This was a VOLUNTARY act of the naked owner it is he who must pay for said taxes. (Quirante v Quirante)

Art. 596. The payment of annual charges and taxes and of those Art. 597. The taxes which, during the usufruct, may be imposed directly
considered as a lien on the fruits, shall be at the expense of the on the capital, shall be at the expense of the owner.
usufructuary for all the time that the usufruct lasts.
If the latter has paid them, the usufructuary shall pay him the proper
What Charges or Taxes the Usufructuary Must Pay interest on the sums which may have been paid in that character; and,
if the said sums have been advanced by the usufructuary, he shall
(a) the annual charges (on the fruits) 
 recover the amount thereof at the termination of the usufruct.
(b) the annual taxes on the fruits 

The naked owner pays for taxes imposed directly on the capital (provided
(c) theoretically, also the annual taxes on the land (including the real estate they are not annual — example, the estate tax) 

tax).
 Quirante v. Quirante, CA CONTRA: Rizal, Mercado v. Hidalgo, Rules
67 Phil. 608, where the Supreme Court who, months previous to
the Quirante case (Court of Appeals), said “the land tax directly a. If paid by naked owner, he can demand legal interest on the sum
burdens the capital and should be paid by the naked owner.”) paid
 Manresa believes that indeed annual taxes, being paid annually,  Reason: The usufructuary is enjoying the property
should be charged against the usufructuary since it is he who b. If advanced by the usufructuary, said usufructuary — 

possesses the land during said period.  should be REIMBURSED the amount paid without legal interest
 Upon the other hand, the Supreme Court ruling concurs with  is entitled to RETENTION (till paid)
Sanchez Roman’s opinion that taxes and charges should be paid  Reimbursement should be made, not immediately after
by the usufructuary only when they can be considered as liens advancing, but only at the TERMINATION of the usufruct,
on the fruits. provided advance had been made VOLUNTARILY
 According to the Code Commission, the term 
 “taxes” in Art.  If the usufructuary had been forced to pay (as when the tax had
596 includes LAND TAXES, considering the fact that in the been deducted from his share of the fruits, reimbursement, with
Philippines, land taxes are based on the value of the land as damages, should be made immediately thereafter)
affected by the FRUITS that are produced
Art. 598. If the usufruct be constituted on the whole of a patrimony, and
The Board of Assessment Appeals of Zamboanga del Sur v. Samar if at the time of its constitution the owner has debts, the provisions of
Mining Company 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
a real property tax, being a burden upon the capital, should be paid by the usufructuary to pay such debts.
owner of the land, and not by a usufructuary
The same rule shall be applied in case the owner is obliged, at the time
Other Charges the usufruct is constituted, to make periodical payments, even if there
should be no known capital.
(a) ordinary repairs

(b) necessary cultivation expenses When Usufructuary Has to Pay For the Debts of the Naked Owner
Effect of Payment of the Annual Real Property Tax
(a) A distinction must be made as to whether there was a stipulation to
pay for the debts of the naked owner, or not. 

Just because the usufructuary pays for the annual land taxes, it does not
necessarily follow that he has adverse possession over the land, for after all, (b) No stipulation regarding the payment of debts: the donee shall be
responsible therefor only when the donation has been made in fraud Ownership of the Credit Collected
of creditors. 
 The donation is always presumed to be in fraud of
creditors, when at the time thereof, the donor did not reserve If the credit is collected, same belongs to the naked owner, but the
sufficient property to pay his debts prior to the donation. usufructuary gets its usufruct.
(c) When donation imposes upon the donee the obligations to pay
debts of the donor: the former is understood to be liable to pay only Failure to Collect Due to Usufructuary’s Fault or Negligence
the debts which appear to have been previously contracted. In no
case shall the donee be responsible for debts exceeding the value The usufructuary shall be liable if the credit that has matured (due and
of the property donated, unless a contrary intention clearly appears. demandable) is not collected because of his fault or negligence.

Art. 598 applies: Art. 600. The usufructuary of a mortgaged immovable shall not be
obliged to pay the debt for the security of which the mortgage was
(a) if the usufruct is a UNIVERSAL ONE (constituted on the WHOLE of a constituted.
patrimony)
(b) and the naked owner — Should the immovable be attached or sold judicially for the payment of
1) has debts 
 the debt, the owner shall be liable to the usufructuary for whatever the
latter may lose by reason thereof.
2) or is obliged to make periodical payments (whether or not there be
known capital) Usufruct of Mortgaged Immovable (PARTICULAR Usufruct)
Art. 598 particularly applies if a person donates everything but reserves to
A mortgaged his land to B and gave its usufruct to C. Since A did not pay his
him the usufruct thereof.
debt, B foreclosed the mortgage, and at the foreclosure sale, D bought the
property. Can C demand anything from A?
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
ANS.: Yes, because A is held by law liable for the loss.
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
How Liability of the Naked Owner May Be Extinguished
owner, or of the court in default thereof, to collect such credits.
 by constituting a usufruct over an equivalent estate; 

The usufructuary who has given security may use the capital he had
collected in any manner he may deem proper. The usufructuary who  or by payment of a periodical pension equivalent to the loss; 

has not given security shall invest the said capital at interest upon  or in any other similar way
agreement with the owner; in default of such agreement, with judicial
authorization; and, in every case, with security sufficient to preserve Rule if Usufruct is a UNIVERSAL One
the integrity of the capital in usufruct.
If the usufruct be a UNIVERSAL one (as when the usufruct involves the
Rules on Usufruct of a Matured Credit entire patrimony, some objects of which are mortgaged, the more applicable
article is Art. 598 with its cross-references to Arts. 758 and 759).
(a) If usufructuary has given security, collection and investment can be done
without the approval of the court or of the naked owner. 
 If no stipulation for payment by the usufructuary is made, and the usufruct
was not created to defraud creditors, the usufructuary has NO DUTY to pay
(b) If usufructuary has NOT given security, or when he is EXEMPTED or off the debt.
when there was only a CAUCION JURATORIA, collection and investment
can be done only WITH the approval of the court or of the naked owner. 
 Mortgaging of the Usufruct Itself
Since usufruct is a real right, the usufruct (as distinguished from the property *applies only when the usufructuary has LOST the case.
itself) may be mortgaged, not by the naked owner, but by the usufructuary. In
such a case, it is the usufructuary who should pay his own debt. Defense of the Naked Ownership

Pledge of a Movable The defense of the naked ownership is naturally chargeable to the naked
owner.
It is believed that although Art. 600 speaks only of a mortgaged immovable, it
can also apply, by analogy, to a pledged movable, provided that the movable Art. 603. Usufruct is extinguished:
is in the usufructuary’s possession, since in the law of pledge, it is essential
that “the thing pledged be placed in the possession of the creditor, or a third (1) By the death of the usufructuary, unless a contrary intention clearly
person by common agreement.” appears;

Art. 601. The usufructuary shall be obliged to notify the owner of any (2) By the expiration of the period for which it was constituted, or by the
act of a third person, of which he may have knowledge, that may be fulfillment of any resolutory condition provided in the title creating the
prejudicial to the rights of ownership, and he shall be liable should he usufruct;
not do so, for damages, as if they had been caused through his own
fault. (3) By merger of the usufruct and ownership in the same person;

When Notification by the Usufructuary Is Required (4) By renunciation of the usufructuary; 


(a) if a third party commits acts prejudicial to “the rights of ownership” (5) By the total loss of the thing in usufruct; 

i. both rights of the naked owner and rights of the usufructuary,
in the latter case, insofar as the naked owner is also affected (6) By the termination of the right of the person constituting the
— as in the case of a disturbance to the possession usufruct;
(b) if urgent repairs are needed (Art. 593); 

(7) By prescription.
(c) if an inventory (at the beginning of the usufruct) is to be 
 made.
(Art. 583)
Death of the Usufructuary Ends the Usufruct. Excep- tions:
Effect of Non-notification
(a) in the case of multiple usufructs
In (a), the usufructuary is liable for damages, as if they had been caused thru  it ends on the death of the last survivor (Art. 611)
his own fault. (b) in case there is a period fixed based on the number of years that
would elapse before a person would reach a certain age
In (b), the usufructuary cannot even make the extraordinary repairs needed.  Example: until X who is now 25 years old will become 40 years
old, where the period is 15 years), UNLESS the period was
In (c), the inventory can go on, but the naked owner may later point out expressly granted only in consideration of the existence of such
discrepancies and omissions in the inventory. person, in which case it ends at the death of said person (Art.
606)
Art. 602. The expenses, costs and liabilities in suits brought with regard (c) in case the contrary intention CLEARLY (expressly or impliedly)
to the usufruct shall be borne by the usufructuary. appears
 Example: A was made usufructuary only in order that he could
Liability for Expenses and Costs enable his son to get a college degree. Even if A dies before the
son graduates, the usufruct is deemed to continue.
1. Expiration of the Period complied with (Art. 1270)
 Does renunciation need the naked owner’s consent? Navarro Amandi
 Example: If the usufruct is for 5 years, it ends at the lapse of 5 years, says “no,” since here, there is a mere abandonment of one’s own right.
 UNLESS the usufructuary dies prior to the end of 5 years 

 “the utmost period for which a usufruct can endure, if  Renunciation is an abandonment in favor of another.
constituted in favor of a natural person is the lifetime of the o Thus, if A is the usufructuary and B is the naked owner, A’s
usufructuary.” renunciation makes B the complete owner, effecting, either a
donation or a remission, both of which are acts of liberality,
 If the usufruct is on real property, or on a real right on real property, requiring the recipient’s consent
the period must be recorded to bind third persons (Art. 709)  If the renunciation is made gratuitously and in fraud of creditors, said
 The term should not exceed fifty years if the usufructuary is a creditors can rescind the renunciation, to the extent of their credits.
juridical person (town, corporation, or association)
 Premature abandonment or dissolution of the juridical entity 5. Total Loss of the Thing in Usufruct
extinguishes the usufruct (Art. 605)
 Total loss ends the usufruct, but not partial loss, for in the latter case,
2. Fulfillment of the Resolutory Condition the usufruct, continues on the remaining part
 For total loss of a building (whether or not the land is included in the
 Example: A is the usufructuary of land unless he marries X. Marriage usufruct; and whether or not the building has been insured)
to X ends the usufruct. 
  For legal loss (as in the case of expropriation)
 Another example: A testator gave a parcel of land to his son (in naked
ownership) and to a friend (in usufruct as long as the son remained the 6. Termination of the Right of the Person Constituting the Usufruct
owner of the land). If the son sells the land to another, the usufruct in
favor of the friend is extinguished.
 If the usufruct is on real property or on real right over real property, the
(a) Example: A thought he was the owner of a parcel of land. A gave its
usufruct to B for 5 years. If at the end of 2 years, C, the real owner
resolutory condition must be registered to bind third persons. (Art. 709)
gets the land, it necessarily follows that B’s usufruct is extinguished,
without prejudice of course to B being allowed to continue by C.
3. Merger of the Usufruct and Ownership in the Same Person
(b) If the usufructuary has a sub-usufructuary, the sub-usufruct ends at
 Example: H was the usufructuary of land owned by X. X died, leaving the time the usufruct is extinguished, because by that time, the right of
in his will, the naked ownership of the land to H. The usufruct is the usufructuary to constitute the sub-usufruct has ended. If the sub-
extinguished because now, H is both the naked owner and the usufructuary dies ahead of the usufructuary, the sub-usufruct ends,
usufructuary. (See Chingen v. Arguelles, 7 Phil. 296) unless a contrary intention appears. 

(c) Death of the naked owner does not extinguish the usufruct for the
4. Renunciation or Waiver by the Usufructuary rights of the naked owner are transmitted to his own heirs.

 (a) Example: A is the usufructuary of B’s land. Later, A waived his 7. Prescription
usufruct willingly and voluntarily. The usufruct is now extinguished.
 Renunciation under the law refers to a voluntary surrender of the rights  This refers to acquisitive prescription by a stranger either of the
of the usufructuary, made by him with the intent to so surrender them. usufruct (here, the usufructuary is no longer entitled to the usufruct) or
In this case, there was a claim of ownership and there was also a of the naked ownership (for here, the right of the person constituting
forced surrender. Hence, there is no renunciation or waiver. the usufruct has been terminated or resolved).
 Renunciation, since this partakes of a remission or donation, it can be  Mere non-user by the usufructuary of the usufruct does not terminate
made expressly or impliedly, as long as it is done clearly, with intent to the usufruct, unless it is also a renunciation.
renounce (See Art. 1270)
o When made expressly, the formalities of a donation must be
Other Causes for the Extinguishment of Usufruct of the existence of such person.

 annulment 
 Usufruct For The Time That May Elapse Before a Third Person Reaches
 rescission 
 a Certain Age
 mutual withdrawal 

 legal causes ending legal usufruct Example:
o attainment of the age of majority extinguishes parental usufruct
A gave B his land in usufruct until C becomes 40 years old. A constituted the
*ABUSE or MISUSE of the usufruct does not extinguish it, unless by virtue of usufruct when C was only 20 years old. This means that the usufruct should
such abuse or misuse, the thing has been totally lost. (See Art. 610) last for 20 years, even if C dies before attaining the age of 40. If therefore C
dies at the age of 30, the usufruct in B’s favor generally continues.
*Non-fulfillment of a suspensive condition does not extinguish usufruct, for
the simple reason that the usufruct never came into existence. (2) Example of the Exception

Art. 604. If the thing given in usufruct should be lost only in part, the If in the example given, B was made the usufructuary only because he had to
right shall continue on the remaining part. support C, it follows that the usufruct was expressly constituted only in
consideration of the existence of C. Thus, on C’s death, the usufruct ends.
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 Art. 607. If the usufruct is constituted on immovable property of which a
before the expiration of such period the town is abandoned, or the building forms part, and the latter should be destroyed in any manner
corporation or association is dissolved, the usufruct shall be whatsoever, the usufructuary shall have a right to make use of the land
extinguished by reason thereof. and the materials.

Usufruct In Favor of Entities 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
o Under Sec. 11 of the Corporation Code, 50 years are allowed for the the owner should wish to construct another building, he shall have a
existence of a private corporation; in the case of towns or municipal right to occupy the land and to make use of the materials, being obliged
corporations, a period longer than 50 years may militate against the to pay to the usufructuary, during the continuance of the usufruct, the
public policy which prohibits the perpetual entailment of property interest upon the sum equivalent to the value of the land and of the
o Note the effect of abandonment of the town or the dissolution of the materials.
corporation or association. 


(2) Article not Applicable to Trusts

Since trusts are different from usufructs, Art. 605 does not apply to the
former such as a trust for the establishment of a high school with the
governor as trustee and the townspeople the beneficiary. Said trust can
continue despite the restrictions in Art. 605.

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

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