MODULE 6: USUFRUCT
ANDRIN, DANIELLE FAYE I.
Moralidad v. If the builder is a usufructuary, his rights will be governed by
Pernes, G.R. No. Articles 579 and 580. By express provision of law, respondents, as
152809 usufructuary, do not have the right to reimbursement for the improvements
they may have introduced on the property. Article 579 provides that “The
usufructuary may make on the property held in usufruct such useful
improvements or expenses for mere pleasure as he may deem proper,
provided he does not alter its form or substance; but he shall have no right to
be indemnified therefor. He may, however, remove such improvements,
should it be possible to do so without damage to the property.” Article 580.
The usufructuary may set off the improvements he may have made on the
property against any damage to the same.
Baluran v. Navarro, In view of our ruling that the "barter agreement" of February 2, 1964, did not
G.R. No. L-44428 transfer the ownership of the respective properties mentioned therein, it
follows that petitioner Baluran remains the owner of the unirrigated riceland
and is now entitled to its Possession. With the happening of the resolutory
condition provided for in the agreement, the right of usufruct of the parties is
extinguished and each is entitled to a return of his property. it is true that
Natividad Obedencio who is now in possession of the property and who has
been made a party to this case cannot be ordered in this proceeding to
surrender the riceland. But inasmuch as reciprocal rights and obligations have
arisen between the parties to the so-called "barter agreement", We hold that
the parties and for their successors-in-interest are duty bound to effect a
simultaneous transfer of the respective properties if substance at justice is to
be effected.
National Housing The law clearly limits any usufruct constituted in favor of a corporation or
Authority v. Court association to 50 years. A usufruct is meant only as a lifetime grant. Unlike a
of Appeals, G.R. No. natural person, a corporation or association’s lifetime may be extended
148830 indefinitely. The usufruct would then be perpetual. This is especially invidious
in cases where the usufruct given to a corporation or association covers
public land. Proclamation No. 1670 was issued 19 September 1977, or 28
years ago. Hence, under Article 605, the usufruct in favor of MSBF has 22
years left.
Policarpio v. There is accretion among usufructuaries who are constituted at the same
Asuncion, G.R. No. time when one of them dies before the end of the usufruct. The only
L-21809 exception is if the usufruct is constituted in a last will and testament and the
testator makes a contrary provision. In the instant case, there is none. On the
contrary, the testatrix constituted the usufruct in favor of the children of her
three cousins with the particular injunction that they are the only ones to
enjoy the same as long as they live, from which it can be implied that, should
any of them die, the share of the latter shall accrue to the surviving ones.
These provisions of the will are clear. They do not admit of any other
interpretation.
