1
CHAPTER VI—USUFRUCT
CASE
Usufruct granted to Aliens
Ramirez et al v Vda de Ramirez
Rights of Usufructuary, ungathered fruits
Fabie v David
Taxes
Board of Assessment Appeals - Samar is a domestic corporation engaged in
of Zamboanga Del Sur v
Samar Mining Co, Inc
FACTS/ ISSUE RULING
- Jose Eugenio Ramirez, a Filipino national, died - a usufruct, albeit a real right, does not vest title to the land in the usufructuary and it is the vesting of title to land
in Spain with only his widow as compulsory in favor of aliens which is proscribed by the Constitution
heir.
- The administratrix of the estate submitted a
project of partition giving one part of the estate
to the widow (French) "en pleno dominio'' in
satisfaction of her legitime while the other part
of the "free portion" to his two grandnephews
Roberto and Jorge Ramirez, as the oppositors-
appellants.
- Furthermore, one third of the free portion is
charged with the widow's usufruct and the
remaining two thirds (2/3) with a usufruct in
favor of Wanda Wrobleski (Austrian).
- Jorge and Roberto Ramirez opposed the
usufruct over real properties of the estate in
favor of Wanda is void because it violates the
constitutional prohibition against the acquisition
of lands by aliens.
- The petitioner Josefa Fabie is the usufructuary - “The usufructuary has the right to administer the property in question. All the acts of administration — to collect
of the income of certain houses under the ninth the rents for herself, and to conserve the property by making all necessary repairs and paying all the taxes, special
clause of the will of the deceased Rosario Fabie assessments, and insurance premiums thereon — were by said judgment vested in the usufructuary.
y Grey. - To permit the naked owner Grey to arrogate to himself the privilege to choose the tenant, to dictate the conditions
- The owner of the said property is the of the lease, and to sue when the lessee fails to comply therewith, would be to place the usufructuary entirely at
respondent Juan Grey. In a judgment rendered his mercy. It would place her in the absurd situation of having a certain indisputable right without the power to
in a separate case, Fabie, as usufructuary, has protect, enforce, and fully enjoy it
the power to collect rents, and such other acts - A usufructuary of the rents, as a corollary to the right to all the rents, to choose the tenant, and to fix the amount
of administratorship of the rent, necessarily has the right to choose himself as the tenant, provided that the obligations he has assumed
- Fabie filed an action of unlawful detainer to towards the owner of the property are fulfilled.
eject a tenant (Ngo Boo Soo) for his failure to
pay rents and because she needs the premises
to live because her house was burned by the
Japanese during World War II. The tenant
alleged in his defense that Fabie has no right to
eject him because he has a contract of lease
with the naked owner Grey and that Fabie has
no authority to administer nor to lease the
property but only of collecting rents.
- There is no question that the road constructed by respondent Samar on the public lands leased to it by the
the mining industry. Having been given government is an improvement. But as to whether the same is taxable under the aforequoted provision of the
temporary permit to occupy and use the lands Assessment Law, this question has already been answered in the negative by this Court
applied for by it, said respondent constructed a - It is well settled that a real tax, being a burden upon the capital, should be paid by the owner of the land and not
road thereon, known as the Samico road. by a usufructuary
Although the gravel road was finished in 1959,
and had since then been used by the
respondent in hauling its iron from its mine site
to the pier area, and that its lease applications
were approved the execution of the
corresponding lease contracts were held in
abeyance even up to the time this case was
brought to the Court of Tax Appeals
VANILLAELA
 2

- Provincial Assessor of ZDS assessed the 13.8
kilometer road constructed by it for real estate
tax purposes in the total sum of P1,117,900.00.
Samar appealed upon the ground that the road
having been constructed entirely on a public
land cannot be considered an improvement
subject to tax
Death of Usufructuary
Rivera-Calingasan v Rivera - Wilfredo Rivera and his wife, Loreto Inciong, - Wilfredo's death did not render moot the forcible entry case.
acquired several parcels of land. Loreto died, - The petition involves the recovery of possession of real property and is a real action that is not extinguished by
leaving Wilfredo and their two daughters, the death of a party. The judgment in an ejectment case is conclusive between the parties and their successors-
Evangeline and Brigida Liza, as her surviving in-interest by title subsequent to the commencement of the action; hence, it is enforceable by or against the heirs
heirs. About 11 yrs later, Loreto's heirs of the deceased.
executed an extrajudicial settlement of her 1/2 - the right to the usufruct is now rendered moot by the death of Wilfredo since death extinguishes a usufruct under
share of the conjugal estate, adjudicating all the Article 603 (1) of the Civil Code. This development deprives the heirs of the usufructuary the right to retain or to
properties in favor of Evangeline and Brigida reacquire possession of the property even if the ejectment judgment directs its restitution. Thus, what actually
Liza; Wilfredo waived his rights to the survives under the circumstances is the award of damages, by way of compensation, that the RTC originally
properties, with a reservation of his awarded and which the CA and this Court affirmed
usufructuary rights during his lifetime.
- Almost a decade later, Wilfredo filed with the
MTCC a complaint for forcible entry against the
petitioners and Star Honda, Inc. He alleged
that, taking advantage of his absence due to his
hospital confinement in September 2002, the
petitioners and Star Honda, Inc. took
possession and caused the renovation of the
building on the property. In December 2002, the
petitioners and Star Honda, Inc., with the aid of
armed men, barred him from entering the
property.
Other causes
Mercedes Moralidad v Sps - The petitioner had worked in USA for years until - the existing usufruct may be deemed to have been extinguished or terminated
Diosdado and Arlene Pernes retirement. Sometime in 1986, she received - ART. 603. Usufruct is extinguished: xxxx (2) By expiration of the period for which it was constituted, or by the
news from Arlene that Mandug at the outskirts fulfillment of any resolutory condition provided in the title creating the usufruct
of Davao City was infested by NPA rebels and - That the maintenance of a peaceful and harmonious relations between and among kin constitutes an
many women and children were victims of indispensable condition for the continuance of the usufruct is clearly deduced from the succeeding Par #4. In fine,
crossfire between government troops and the the occurrence of any of the following: the loss of the atmosphere of cooperation, the bickering or the cessation
insurgents. She acquired the lot property of harmonious relationship between/among kin constitutes a resolutory condition which, by express wish of the
initially for the purpose of letting Arlene move petitioner, extinguishes the usufruct. The continuing animosity between the petitioner and the Pernes family and
from Mandug to Davao City proper but later she the violence and humiliation she was made to endure, despite her advanced age and frail condition, are enough
wanted the property to be also available to any factual bases to consider the usufruct as having been terminated
of her kins wishing to live and settle in Davao
City. She made known this intention in a
document she executed on July 21, 1986
- Petitioner came back to the Ph to stay with the
respondents on the house they build on the
subject property. Their relations turned sour.
Petitioner filed with the MTCC an unlawful
detainer suit against the respondent spouses

VANILLAELA