 EXTINGUISHMENT OF USUFRUCT

◦ Causes or Grounds:
a. By the death of the usufructuary , unless contrary intention
clearly appears;
b. By the expiration of the period for which it was constituted, or
by the fulfillment of any resolutory condition provided in the
title creating the usufruct;
c. By merger of the usufruct and the ownership in the same
person;
d. By renunciation of the usufructuary;
e. By the total loss of the thing in usufruct;
f. By the termination of the right of the person constituting the
usufruct;
g. By prescription,
 Aside from the foregoing causes, usufruct is also extinguished: (1)
by the noncompliance with any condition agreed upon by the parties
as grounds for terminating the usufruct; (2) by the rescission or
annulment of the contract which is the source of the right of
usufruct; and (3) by any causes which extinguish legal usufruct.
 G.R
 The usufruct is extinguished upon the death of
the usufructuary even if there is a period or
condition agreed upon.
 Note, however, that it is the death of the
usufructuary which generally results in the
termination of the usufruct. Hence, the death
of the naked owner will not extinguish the
usufruct unless the parties expressly so
stipulate.
 XPN
 When the contrary intention clearly appears.
 In multiple usufructs, the usufruct is
extinguished only upon the death of the last
survivor (Art. 611)
 However, even prior to the arrival of the
period or prior to the fulfillment of the
resolutory condition, the usufruct is already
extinguished upon the death of the
usufructuary unless there is an express
agreement that the usufruct shall continue
even after such death.
 In case the usufruct was constituted in favor
of a town, corporation or association, such
must not exceed 50 years. (Art. 605)
 In cases where the usufruct is granted for the
time that may elapse before a third person
attains a certain age, the usufruct shall
subsist for the number of years specified,
even if the third person should die before the
period expires.
◦ XPN
 However, when such usufruct has been
expressly granted only in consideration of the
existence of the third person the usufruct is
extinguished upon the latter’s death.
 Takes place when the rights of usufruct and
ownership are acquired by one and the same
person who becomes the absolute owner of
the property.

 Example
◦ H (Husband), has usufructuary right over a land
owned by W (Wife), and W decided to die leaving H
as the sole heir, the usufruct is extinguished
because H becomes both naked owner and the
usufructuary of the property.
 Abandonment of one’s own right in favor of
another.
 Must be made willingly and voluntarily.
 Renunciation, according to Manresa, must be
made expressly. It is submitted, however, that
since this partakes of a remission or donation,
it can be made expressly or impliedly, as long
as it is done clearly, with intent to renounce.
When made expressly,the formalities of a
donation must be complied with. (Art. 1270).
 A thing is lost when it perishes, or goes out of commerce,
or disappears in such a manner that its existence is
unknown or it cannot be recovered.(Art. 1189) Hence,
loss may either be physical or juridical.

 XPN (Loss does not extinguish usufruct)

 If the usufruct is constituted on a building and the latter
is destroyed without the fault of the usufructuary, the
usufruct is not extinguished. In such a situation, the
usufructuary has the right to make use of the land and
the materials.If the owner, however, wishes to construct
another building, he has the right to occupy the land and
to make use of the materials, in which case, he shall be
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.147(Art. 607)
 If the property held in usufruct was
expropriated for public use, the usufruct is not
extinguished. In such a case, the owner has
the options of either:
(a) replacing it with another thing of the
same value and of similar conditions; or
(b) paying the usufructuary the legal
interest on the amount of the indemnity for
the whole period of the usufruct, giving
security for such payment. (Art 609)
 Example
 If the usufructuary has a sub-usufructuary, the
sub-usufruct ends at the time the usufruct is
extinguished, because by that time, the right of
the usufructuary to constitute the sub-usufruct
has ended.
 (a) This refers to acquisitive prescription by a
stranger either of the usufruct (here, the
usufructuary is no longer entitled to the
usufruct) or of the naked ownership (for here,
the right of the person constituting the
usufruct has been terminated or resolved).
(Art. 1106)

 (b) Mere non-user by the usufructuary of the

usufruct does not terminate the usufruct,
unless it is also a renunciation.
 Art. 604. If the thing given in usufruct should be
lost only in part, the right shall continue on the
remaining part. (Self-explanatory)

 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.
 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 a right 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.