Art. 587.
If the usufructuary who has not given proceeds and benefi ts from the day on which, in
security claims, by virtue of a promise under
oath, the delivery of the furniture necessary for
his use, and that he and his family be allowed to
live in a house included in the usufruct, the court
may grant this petition, after due consideration of
the facts of the case.
The same rule shall be observed with respect to
implements, tools and other movable property
necessary for an industry or vocation in which he
is engaged. If the owner does not wish that
certain articles be sold because of their artistic
worth or because they have a sentimental value,
he may demand their delivery to him upon his
giving security for the payment of the legal
interest on their appraised value.
Caucion Juratoria
The promise under oath is called a caucion
juratoria
a sworn duty to take good care of the
property and return same at the end of the
usufruct. It takes the place of the bond or
security and is based on necessity and humanity
as when a poor family acquires by inheritance,
the usufruct of a badly needed house
Requisites before the Caucion Juratoria is
Allowed
a. Proper court petition
b. Necessity for delivery of furniture,
implements or house included in the
usufruct
c. Approval of the court
d. Sworn promise
Restriction on Usufructuary
He cannot alienate or lease the property for this
means he does not need them
Rule in case Usufructuary is Exempted from
the Duty to Give Security
This article does not apply when usufructuary is
exempted from giving security. It applies only if
he is required but cannot afford to give the
security.
Art. 588. After the security has been given by
the usufructuary, he shall have a right to all the
accordance with the title constituting the
usufruct, he should have commenced to receive
them.
Retroactive Effect of the Security Given
a) Notice that once the bond is given, there is
retroactivity
b) Hence, if the usufruct commences Jan. 3,
2003 but security is given Mar. 3, 2003, the
usufructuary is entitled to all the proceeds and
benefits of the usufruct from Jan. 3, 2003
Art. 589. The usufructuary shall take care of the
things given in usufruct as a good father of a
family.
Duty of Usufructuary to Take Care of
Property
a) Although care of a pater familias is required
(Art. 589), still a usufruct is not extinguished by
bad use.
Bad use, if owner suffers considerable injury,
entitles him to demand its administration without
prejudice to the usufruct. (Art. 610).
b) In the exercise of prudent care, the
usufructuary is required to:
make ordinary repairs (Art. 592)
notify the naked owner of urgency of
extraordinary repairs (Art. 593), and of
any acts which may prove detrimental to
ownership. (Art. 610).
Moreover, the usufructuary answers for damage
caused by the fault or negligence of his alienee,
grantee, agent, or lessee. (See Art. 590)
Rule When Property Has Been Damaged
Damage to property caused by the fault or
negligence of the usufructuary is demandable
right away, and therefore the naked owner need
not wait for the end of the usufruct before
bringing the proper action for indemnity.
The usufructuary is not entitled to
reimbursement for ordinary repairs (Art. 592) but
may retain the property till he is reimbursed
of extraordinary expenses, which he may have
been compelled to do. (See Art. 612).
Art. 590. A usufructuary who alienates or leases
his right of usufruct shall answer for any damage
which the things in usufruct may suffer through
the fault or negligence of the person who
substitutes him.
Liability of Usufructuary for Acts of the
Substitute
1. Made liable for the acts of the
substitute (fault, negligence, or even
willful deceit).
Thus, while the substitute answers to
the usufructuary, the usufructuary
answers to the naked owner.
2. Even when there is a sub-usufructuary,
it is still the usufructuary who
answers to the naked owner for
ordinary repairs, taxes on the fruits, etc.
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
animals that die each year from natural causes,
or are lost due to the rapacity of beasts of prey.
If the animals on which the usufruct is
constituted should all perish, without the fault of
the usufructuary, on account of some contagious
disease or any other uncommon event, the
usufructuary shall fulfi ll his obligation by
delivering to the owner the remains which may
have been saved from the misfortune.
Should the herd or fl ock perish in part, also by
accident and without the fault of the
usufructuary, the usufruct shall continue on the
part saved.
Should the usufruct be on sterile animals, it shall
be considered, with respect to its effects, as
though constituted on fungible things.
This article applies only when the usufruct is on
a flock and herd of livestock, not two or three
animals merely.
Rules in case of fruitful or productive
livestock
a. Where there is obligation to replace
1. if some animals dies from natural
causes
2. or if some animals are lost due to
rapacity of beasts or prey
NB: Even though the cause is fortuitous, there is
duty to replace because such loss is more or
less expected and is natural. (The remains of
the dead belong to usufrcutuary)
NB: Replacement should be made from the
young produced.
Example:
a. If 15 cattles died, but only 3 were
produced, only 3 must be replaced.
b. If 15 died, but 20 were produced, the
excess of 5 belong to the
usufructuary since they are fruits.
c. If 15 died, and 15 were produced, but
only 12 remain because the 3 were sold,
the remaining 3 must still be
replaced, even in case, otherwise he
could, by his own act, defeat the law.
NB: Although the law says each year, this
does not necessarily mean that the
computation will have to be done yearly.
It is sufficient to sum up the losses and produce
for all the time the usufruct may last. For there
can be no conceivable reason why computation
should be done yearly
b. Where there is no obligation to replace
1. If there is a total loss of the animals
because of some unexpected or
unnatural loss
Example: contagious disease or any
other uncommon event, provided the
usufructuary has NO FAULT
2. If there is a partial loss (under the same
conditions)
Since there is no obligation to replace, it follows
that even if all should perish, the remains
(bones, carcass) must be delivered to the
owner.
The same is true in case of partial loss. The
remains, not the remainder, must be given to the
naked owner.
In case of partial loss, the usufruct continues on
the remainder, provided that the loss be by
accident and without fault of the usufructuary.
If the partial loss be because of the
usufructuarys fault, does the usufruct continue
on the remainder?
YES, because bad use or abuse does not
extinguish the usufruct, without prejudice
however to the right of the naked owner to
demand administration by him.
Rule in Case of Sterile Animals
Since there are no young (broods) here, the rule
of usufruct over fungibles applies. (Art. 574).
Art. 592. The usufructuary is obliged to make
the ordinary repairs needed by the thing given in
usufruct.
By ordinary repairs are understood such as are
required by the wear and tear due to the natural
use of the thing and are indispensable for its
preservation. Should the usufructuary fail to
make them after demand by the owner, the latter
may make them at the expense of the
usufructuary.
For the usufructuary to be responsible for
ordinary repairs, the following conditions
must be present: (NPOW)
a. They are required by normal or natural
use
b. They are needed for preservation
c. They must have occurred during the
usufruct
-because those occurring before and
after the end of the usufruct should be
borne by the naked owner
d. They must have happened with or
without the fault of the usufructuary.
-If he was at fault, the usufructuary must
pay indemnity for damages
Can the usufructuary exempt himself from
the duty to make or pay for the necessary
repairs by renouncing the usufruct?
a. No fault- yes, but he must surrender the
fruits received
b. At fault- no, he would still be liable for
damages.
Remedy of the naked owner if usufructuary
does not make necessary repairs: If naked
owner had demanded the repair, and the
usufructuary still fails to do so, the owner may
make them (personally or thru another) at the
expense of the usufructuary.
Definition of Ordinary Repairs as Used in this
Article
Those required by the wear and tear due to the
natural use of the thing and are indispensable
for its preservation. (Art. 592, 2nd sentence).
NB: Under Art. 573, the deterioration results
even if there be repairs, hence, they are not
chargeable to the usufructuary.
Art. 593. Extraordinary repairs shall be at the
expense of the owner. The usufructuary is
obliged to notify the owner when the need for
such repairs is urgent.
Art. 594. If the owner should make the
extraordinary repairs, he shall have a right to
demand of the usufructuary the legal interest on
the amount expended for the time that the
usufruct lasts.
Should he not make them when they are
indispensable for the 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, the increase in value
which the immovable may have acquired by
reason of the repairs.
Kinds of Extraordinary Repairs
1. Caused by natural use but not needed
for preservation
2. Caused by abnormal or exceptional
circumstances and needed for
preservation
-As when an earthquake renders the
stairs of a house unsafe, or when
lightning splits a table in two
3. Caused by abnormal or exceptional
circumstances but are not needed for
preservation
Who should pay extraordinary repairs? Requisites Before Usufructuary Is Allowed to
Make Extraordinary Repairs (N3)
a. Those in 1 (a)- the naked owner,
whether or not he is notified by the 1. There must be due notification to naked
usufructuary owner of urgency.
2. The naked owner failed to make them.
- The law does NOT require the naked 3. The repair is needed for preservation.
owner to make them. If he does not want to,
it is also all right. What is important is that Right of Usufructuary Who Has Made
if made, the expenses must be borne by Extraordinary Repairs
the naked owner
1. Get increase in value (plus value) or
- If the owner should make the get reimbursement of expenses.
extraordinary repairs. means that he is not (To compute increase in value, get the
required by the law to make them, nor difference between the value BEFORE
can he be compelled by the usufructuary and the value AFTER the repairs).
to make them.
2. Right of retention till paid (Art. 612)
b. Those in 1 (b)- the naked owner, (reimbursement is to be made only at
whether or not he is notified the END of the usufruct).
- He cannot be compelled by the
usufructuary to make them, but HERE the
usufructuary is allowed to make them,
with the right to get the increase in value
and the right of RETENTION (till paid) at
the termination of the usufruct, provided
that there was NOTIFICATION by the
usufructuary and FAILURE to repair by the
naked owner

c. Those in 1 (c)- the naked owner, whether

or not he has been notified.

- The usufructuary cannot compel the

naked owner to make them, nor is the
usufructuary allowed to make them, even if
the naked owner has failed to make them.
This is because there is no necessity for
preservation here.

Reason Why Generally the Naked Owner

Pays for the Extraordinary Repairs? Because
it is his property

Right of Naked Owner if He Makes the

Extraordinary Repairs

He can demand from the usufructuary the legal

interest on the amount for the duration of the
usufruct.

Reason: The usufructuary has really benefited,

otherwise the thing may not properly be used.