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Title VI USUFRUCT

Usufruct right to enjoy anothers property with


correlative duty of preserving its form and
substance
1. things movable/immovable
2. rights provided it is not strictly personal

Kinds:
1. legal parents over children
2. voluntary contracts, wills
3. mixed prescription
4. total
5. partial
6. simultaneous
7. successive
8. pure
9. conditional
10. With a term

Rights of usufructuary:
1. Right to civil, natural & industrial
fruits of property
2. Right to hidden treasure as stranger
3. Right to transfer usufructuary rights
gratuitous or onerous; but is co-terminus
with term of usufruct; fruits proportionate
at duration of usufruct; but cant do acts of
ownership such as alienation or conveyance
except when property is:
- Consumable
- intended for sale
- appraised when delivered; if not
appraised & consumable return same
quality (mutuum)
4. Right not exempt from execution and can be
sold at public auction by owner
5. Naked owner still have rights but w/o
prejudice to usufructuary; may still
exercise act of ownership bring action to
preserve
6. Right to fruits growing at time usufruct
begins; growing fruits at termination of
usufruct belongs to owner
7. Right to reimbursement of necessary
expenses from cultivation at end of
usufruct
8. Right to enjoy accessions & servitudes
in its favor & all benefits inherent therein
9. Right to make use of dead trunks of
fruit bearing trees & shrubs or those
uprooted/cut by accident but obliged to
plant anew
10. Right of usufructuary of woodland
ordinary cutting as owner does habitually or
custom of place; cannot cut down trees
unless it is for the restoration of
improvement of things in usufruct must
notify owner first
11. Right to leave dead, uprooted trees at
the disposal of owner with right to
demand that owner should clear &
remove them if caused by calamity or
extraordinary event impossible to replace
them
12. Right to oblige owner to give authority
& furnish him proofs if usufruct is
extended to recover real property or
real right
13. Right to reimbursement of necessary
expenses
14. Right to introduce useful & luxurious
expenses but with no obligation of
reimbursement on part of owner; may
remove improvement if can be done w/o
damage
15. Right to set-off improvements against
damages he made against the property
16. Right to administer when property is
co-owned; if co-ownership cease
usufruct of part allotted to co-owner
belongs to usufructuary not affected
17. Right to demand the increase in value
of property if owner did not spend for
extraordinary repairs when urgent &
necessary for preservation of thing

Rights of naked owner
1. Alienate thing
2. Cant alter form or substance
3. Cant do anything prejudicial to
usufructuary
4. Construct any works Y make any
improvement provided it does not diminish
value or usufruct or prejudice right of
usufructuary

Obligations of usufructuary:
1. Pay expenses to 3rd persons for
cultivation & production at beginning
of usufruct; those who have right to fruits
should reimburse expenses incurred
2. Generally, usufructuary has no
liability when due to wear & tear, thing
deteriorates, obliged to return in that state;
except when there is fraud or negligence,
then he shall be liable
3. Before entering into usufructuary::
Notice of inventory of property (appraisal of
movables & description)
Posting of security/bond

- not applicable to parents who are
usufructuary of children except when
2
nd
marriage contracted
- excused : allowed by owner, not
required by law or no one will be injured
- failure to give security: owner may
demand that:
1. immovables be placed under
administration
2. NI can be converted into registered
certificates or deposited in bank
3. Capital & proceeds of sale of
movables be invested in safe
securities
4. Interest on proceeds or property
under admin belong to
usufructuary
5. Owner may retain property as
administrator w/ obligation to
deliver fruits to usufructuary until
he gives sufficient security
6. Effect of security is retroactive to
day he is entitled to fruits
4. Take care of property as a good father of
family
5. Liable for negligence & fault of person who
substitute him
6. If usufruct is constituted on animals duty
bound to replace dead animals that die from
natural causes or became prey; if all of them
perish w/o fault but due to contagious disease /
uncommon event deliver remains saved; if
perish in part due to accident continue on
remaining portion; if on sterile animals as if
fungible replace same kind & quality
7. Obliged to make ordinary repairs wear &
tear due to natural use of thing and are
indispensable for preservation; owner may make
them at expense of usufructuary during
existence of usufruct
8. Obliged to make expenses due to his fault;
cannot escape by renouncing usufruct
9. Pay legal interest from extraordinary
expenses made by owner
10. Payment of expenses, charges & taxes
affecting fruits
11. Payment of interest on amount paid by
owner charges on capital
12. Obliged to notify owner of act of 3
rd
person
prejudicial to rights of ownership he is
liable if he does not do so for damages as if it
was caused through his own fault
13. Expenses, cost & liabilities in suits brought with
regard to usufructuary borne by usufructuary

Obligations of owner
1. extraordinary expenses; usufructuary
obliged to inform owner when urgent is
the need to make them
2. Expenses after renunciation of usufruct
3. Taxes & expenses imposed directly on
capital
4. If property is mortgaged, usufructuary has no
obligation to pay mortgage; if attached, owner
to be liable for whatever is lost by
usufructuary
5. If property is expropriated for public use
owner obliged to either replace it or pay
legal interest to usufructuary of net
proceeds of the same

Extinguishment of usufruct
1. Death of usufructuary unless contrary
intention appears
2. Expiration of period of usufruct
3. Merger of usufruct & ownership
4. Renunciation of usufructuary express
5. Total loss of thing on usufructuary
6. Termination of right of person constituting
usufruct
7. Prescription Adverse use by 3
rd
person
loss in part remaining part shall continue
to be held in usufruct
usufruct cannot be constituted in favor of a
town, Corp or assoc. for more than 50 years
usufruct constituted on immovable whereby
a building is erected & building is
destroyed right to make use of land &
materials
if owner wishes to construct a new building
pay usufructuary the value of
interest of land & materials
both share in insurance if both pays
premium; if only owner then proceeds
will go to owner only
effect if bad use of the thing owner may
demand the delivery of and
administration of the thing with
responsibility to deliver net fruits to
usufructuary
At termination of usufruct:
thing to be delivered to owner with
right of retention for taxes &
extraordinary expenses w/c should be
reimbursed
security of mortgage shall be cancelled

BOOK III. DIFFERENT MODES OF ACQUIRING
OWNERSHIP
Different Modes of acquiring ownership:
Occupation
Donation
Prescription
Succession
Tradition
MODE Proximate cause of ownership ( sales,
donation)
TITLE Remote cause of ownership; merely
constituted the mean

OCCUPATION
1. There should be a corporeal thing (tangible)
which must have a corpus (body) & that thing
should have no owner
2. There must be actual occupancy; thing must be
subjected to ones control/disposition
3. There must be an intention to occupy
4. Accomplished according to legal rules

What are the things susceptible to occupation?
things that are w/o owner res nullius;
abandoned
stolen property cannot be subject of occupation
animals that are the object of hunting & fishing
kinds of animals:
wild considered res nullius when not yet
captured; when captured & escaped become res
nullius again
domesticated animals originally wild but have
been captured & tamed; now belong to their
capturer; has habit of returning to premises of
owner; becomes res nullius if they lose that habit
of returning & regain their original state of
freedom
domestic/tame animals born & ordinarily raised
under the care of people; become res nulliuswhen
abandoned by owner

hidden treasure (only when found on things not
belonging to anyone)
abandoned movables


Animals:
a) Swarm of bees
owner shall have right to pursue them to
anothers land (owner to identify latter for
damages, if any)
land owner shall occupy/retain the bees if after 2
days, owner did not pursue the bees
Domesticated animals
may be redeemed within 20 days from
occupation of another person; if no
redemption made, they shall pertain to the
one who caught them
Pigeons & fish
when they go to another breeding place,
they shall be owned by the new owner
provided they are not enticed

Movables:
1) Treasure found on anothers property
consist of (1) money, precious objects
& 2) hidden & owner is unknown
finding must be by chance in order that stranger
may be entitled to of the treasure

Movable found w/c is not treasure
must be returned to owner
if finder retains the thing found may be charged
with theft
if owner is unknown, give to mayor; mayor shall
announce finding of the movable for 2 weeks in
way he deems best
If owner does not appear 6 months after
publication, thing found shall be awarded
to finder
if owner appears, he is obliged to pay 1/10 of value
of property to finder as price
if movable is perishable or cannot be kept w/o
deterioration or w/o expenses it shall be sold at
public auction 8 days after the publication

What cannot be acquired by occupation
Ownership of a piece of land
because when a land is without an owner, it
pertains to the state
land that does not belong to anyone is presumed
to be public land
but when a property is private and it is
abandoned can be object of occupation

PRESCRIPTION mode by which one acquires
ownership and other real rights thru lapse of
time; also a means by which one loses ownership, rights
& actions; retroactive from the moment period began to
run

Kinds:
1. Acquisitive
Extinctive
Who may acquire by prescription:
1. Person who are capable of acquiring
property by other legal modes
2. STATE
3. Minors through guardians of personally

Against whom prescription run:
1. minors & incapacitated person who have
guardians
2. absentees who have administrators
3. persons living abroad who have administrators
4. juridical persons except the state with regards to
property not patrimonial in character
5. between husbands & wife
6. between parents & children (during
minority/insanity)
7. between guardian & ward (during guardianship)
(?)
8. between co-heirs/co-owners
9. between owner of property & person in possession
of property in concept of holder

Things subject to prescription: all things
within the commerce of men
1. private property
2. patrimonial property of the state

Things not subject to prescription:
1. public domain
2. intransmissible rights
3. movables possessed through a crime
4. registered land

Renunciation of prescription:
persons with capacity to alienate may renounce
prescription already obtained but not the right to
prescribe in the future
may be express or tacit
prescription is deemed to have been tacitly
renounced; renunciation results from the acts w/c
imply abandonment of right acquired
creditors & persons interested in making
prescription effective may avail themselves
notwithstanding express or tacit renunciation
PRESCRIPTION OF OWNERSHIP & OTHER
REAL RIGHTS
Kinds of Acquisitive prescription
1. ordinary
2. extra-ordinary

Requisites for ordinary prescription:
1. possession in good faith
2. just title
3. within time fixed by law
- 4 years for movables
- 8 years for immovables
4. in concept of an owner
5. public, peaceful, uninterrupted

Requisites for extra-ordinary prescription:
1. just title is proved
2. within time fixed by law
- 10 years for movables
- 30 years for immovables
3. in concept of an owner
4. public, peaceful, uninterrupted

GOOD FAITH
Reasonable belief that person who transferred
thing is the owner & could validly transmit
ownership
Must exist throughout the entire period required
for prescription

JUST TITLE (TRUE & VALID) must be proved
& never presumed
Titulo Colorado -
Titulo putativo -
title must be one which would have been
sufficient to transfer ownership if grantor had
been the owner
through one of the modes of transferring
ownership but there is vice/defect in capacity of
grantor to transmit ownership

IN CONCEPT OF OWNER
possession not by mere tolerance of owner but
adverse to that of the owner
claim that he owns the property
PUBLIC, PEACEFUL & UNINTERRUPTED
Must be known to the owner of the thing
Acquired & maintained w/o violence
Uninterrupted (no act of deprivation by others) in
the enjoyment of property

INTERRUPTION
Natural
through any cause, possession ceases for
more than 1 year
if 1 year of less as if no interruption
civil
produced by judicial summons; except
1. void for lack of legal solemnities
2. plaintiff desist from complaint/allow proceedings
to lapse
3. possessor is absolved from complaint
express or tacit renunciation
possession in wartime

RULES IN COMPUTATION OF PERIOD:
1. Present possessor may tack his possession to that
of his grantor or predecessor in interest
2. Present possessor presumed to be in continuous
possession I intervening time unless contrary is
proved
3. First day excluded, last day included

TACKING PERIOD
there must be privity between previous & present
possessor
possible when there is succession of rights
if character of possession different:
predecessor in bad faith possessor in good faith
use extraordinary prescription
PRESCRIPTION OF ACTIONS
By lapse of time fixed by law
30 years
action over immovables from time
possession is lost
10 years
mortgage action
upon written contract
upon obligation created by law
upon a judgement
8 years
action to recover movables from time
possession is lost
6 years
upon an oral contract
upon a quasi-contract
5 years
actions where periods are not fixed by law
4 years
upon injury to rights of plaintiff
upon a quasi-delict
1 year
for forcible entry & detainer
for defamation

Rights not extinguished by prescription:
1. demand right of way
2. abate public /private nuisance
3. declare contract void
4. recover property subject to expressed trust
5. probate of a will
6. quiet title

Characteristics of DONATION:
Unilateral obligation imposed on the donor
Consensual perfected at time donor knows of
acceptance

Requisites of Donation:
1. Reduction in patrimony of donor
2. Increase in patrimony of donee
3. Intent to do act of liberality
4. Donor must be owner of property donated

Requirements of a donation:
1. subject matter anything of value; present
property & not future, must not impair legitime
2. causa anything to support a consideration:
generosity, charity, goodwill, past service, debt
3. capacity to donate & dispose & accept donation
4. form depends on value of donation

Kinds of Donation according to Effectivity:
Donation Inter Vivos Donation Mortis Causa
Disposition and
acceptance to take effect
during lifetime of donor
and donee
Disposition happens
upon the death of donor
Already pertains to the
donee unless there is a
contrary intent
Even if there is a term of
effectivity and effectivity
is upon the death of the
donor, still entitled to
fruits
Formalities required
follow law on donations
and certain kinds of
donations & law on
obligations and contracts
(suppletory)
Formalities required
follow law on succession
to be valid, and donation
must be in the form of a
will
Irrevocable at the
instance of the donor;
may be revoked only
by reasons provided
by law
Revocable ad
mutuum (exclusive will
of donor)
Revoked only for reasons
provided for by law
(except onerous
donations)

Acceptance
acceptance must be made personally or
thru agent
donation may be made orally or in
writing
movable:
5,000 & below may be oral or written, if oral it must be
with simultaneous delivery of thing/document &
acceptance need not be in writing
above 5,000 must be written and accepted also
in writing
immovable must be in a public
instrument & acceptance must also be in a
public instrument (in same instrument or in
other instrument)
In case of doubt with regard to nature of
donation: inter vivos

Badges of mortis causa:
1. Title remains with donor (full or naked
ownership) & conveyed only upon death
2. Donor can revoke ad mutuum
3. Transfer is void if transferor survives
transfer

Kinds of donation INTER VIVOS
pure/simple
remuneratory
conditional
onerous
Pure/Simple
Remunerat
ory
Condition
al
Onero
us
a)
Considerati
on

Merits of doneeLiberality or merits of donee or burden/
charge of past services provided they do not constitute
demandable debtValuable consideration is imposed but
value is less than value of thing donatedValuable
consideration givenb) law to apply/ forms
Law on donationsLaw on donationsExtent of burdenLaw
on obligations
imposed>oblicon
excess>donationc) form of acceptance
RequiredRequiredRequiredRequiredd) reservation
w/regards to personal support & legitime
ApplicableApplicableApplicableNot
Applicablee) warranty against eviction & hidden defects
In bad faith onlyIn bad faith onlyIn bad faith
onlyAppliesf) revocation
ApplicableApplicableApplicableApplicable
Who may give donations
- All persons who may contract and dispose of their
property
Who may accept donations:
1. natural & juridical persons w/c are not especially
disqualified by law
2. minors & other incapacitated
a) by themselves
if pure & simple donation
if it does not require written acceptance
b) by guardian, legal representatives if needs written
acceptance
1. natural guardian not more than 50,000
2. court appointed more than 50,000
3. conceived & unborn child, represented by person
who would have been a guardian if already born
Who are disqualified to donate:
1. guardians & trustees with respect to property
entrusted to them
2. husband & wife
3. between paramours/persons guilty of adultery
4. between parties guilty of same criminal offense
5. made to public officers, wife, descendant, ascendant
Other persons disqualified to receive donations:
1. priest who heard confession of donor during his
last illness
2. relatives of priest within 4
th
degree, church, order,
community where priest belongs
3. physician, nurse, etc. who took care of donor
during his last illness
4. individuals, corporations, associations not
permitted

What may be given:
All or part of donors present property
provided he reserves sufficient means for the
support of the ff:
- Himself
- relatives who by law are entitled to his
support
- legitimes shall not be impaired
- when w/o reservation or if inofficious,
may be reduced on petition of persons
affected
except: conditional donation & donation mortis
causa
except: future property

DOUBLE DONATIONS:
Rule: Priority in time, priority in right
1. If movable one who first take possession in good
faith
2. If immovable one who recorded in registry of
property in good faith
- no inscription, one who first took possession in good
faith
- in absence thereof, one who can present oldest title



REVOCATION OF DONATIONS
1. applies only to donation inter vivos
2. not applicable to onerous donations
3. With regard to donations made by person
without children or descendants at time of
donation:
If donor should have legitimate, legitimated or
illegitimate children
If child came out to be alive & not dead contrary
to belief of donor
If donor subsequently adopts a minor child

Action for revocation based on failure to comply
with condition in case of conditional donations

Action for revocation by reason of ingratitude
1. Donee commits offense against person, honor,
property of donor, spouse, children under his
parental authority
2. Donee imputes to donor any criminal offense or
any cat involving moral turpitude even if he
should prove it unless act/crime has been
committed against donee himself, spouse or
children under his parental authority
3. Donee unduly refuses to give support to donor
when legally or morally bound to give support to
donor
BIRTH
OF
CHILD
NON-
FULFILLMENT
OF
CONDITION INGRATITUDE
Ipso jure
revocation,
no need for
action.,
court

decision is merely
declaratoryneeds court actionneeds court actionExtent:
portion which may impair legitime of heirsExtent: whole
portion but court may rule partial revocation onlyExtent:
Whole portion returnedProperty must be
returnedProperty in excessProperty to be returned
Alienation/mortgages done
prior to recording in
Register of Deeds:
If already sold or cannot be returned the value must be
returned
If mortgaged donor may redeem the mortgage with
right to recover from doneeAlienations/mortgages
imposed are void unless registered with Register of
DeedsPrior ones are void; demand value of property
when alienated and cant be recovered or redeemed from
3
rd
personsFruits to be returned at filing of action for
revocationFruits to be returned at filing of
complainant Prescription of action is 4 years from birth,
etc.Prescription is 4 years from non-
fulfilmentPrescription is 1 year from knowledge of fact
and it was possible for him to bring actionAction cannot
be renouncedAction cannot be renounced in
advance Right of action transmitted to heirsRight of
action at instance of donor but may be transmitted to
heirsHeirs cant file actionAction extends to donees
heirsAction does not extend to donees heirs
Exception to rule on intransmissibility of
action with regards to revocation due to
ingratitude:
donor has instituted proceedings but
dies before bringing civil action for
revocation
donor already instituted civil action but
died, heirs can substitute
donee killed donor or his ingratitude
caused the death of the donor
donor died w/o having known the
ingratitude done
criminal action filed but abated by death
1. personal to the donor; general rule is heir cannot
institute if donor did not institute
2. heirs can only file in the ff cases:
1. can only make heirs of donee liable if complaint
was already filed when donee died
Inofficious donations:
1. shall be reduced with regards to the excess
2. action to reduce to be filed by heirs who have
right to legitimate at time of donation
3. donees/creditors of deceased donor cannot ask
for reduction of donation
4. if there are 2 or more donation: recent ones shall
be suppressed
5. if 2 or more donation at same time treated
equally & reduction is pro rata but donor may
impose preference which must be expressly stated
in donation