TOPIC: USURY

PROBLEM:

Sofronio was a married father of two when he had a brief fling with Sabrina, resulting in her
pregnancy and the birth of their son Sinforoso. Though his wife knew nothing of the affair, Sofronio
regretted it, but secretly provided child support for Sinforoso. Unfortunately, when Sinforoso was
10 years old, Sofronio died. Only Sofronio's father, Salumbides, knew of Sabrina and Sinforoso.
For the purpose of providing support to Sinforoso, Salumbides gave Sabrina usufructruary · rights
over one of his properties - a house and lot - to last until Sinforoso reaches the age of majority.
Sabrina was given possession of the property on the basis of caucion juratoria. Two (2) years
after the creation of the usufruct, the house accidentally burned down, and three (3) years
thereafter, Sinforoso died before he could reach the age of 18.

Will the usufruct continue after the house has burned down? If yes, will it continue after Sinforoso's
death? (2.5%)

OWN SUGGESTED ANSWER:

 Yes. In Art 607 of the Civil Code, it is provided that if the usufruct is constituted on an
immovable property which a building forms part, and the latter should be destroyed in any
manner, the usufructuary shall have a right to make use of the land and the materials. In
this case, the usufruct was constituted on the house, which is an immovable property.
Hence, since the house is an immovable property, even if it burned down, the usufruct will
continue.
 No. Paragraph 1 of Art 603 of the Civil Code provides that usufruct is extinguished by the
death of the usufructuary, unless a contrary intention clearly appears. In this case, it was
the intention of Salumbides to give the usufructuary rights to Sinforoso until he reaches
the age of majority. Since Sinforoso died before he reaches the age of majority, and there
is no stipulation to the contrary, the usufruct was extinguished upon the death of Sinforoso.
Hence, the usufruct will not continue.