More on the topic of usufruct: OBLIGATIONS OF THE USUFRUCTUARY
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Usufruct is temporary in nature
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Usufruct may be terminated on the conditions set forth by the naked owner
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The property subject shall be delivered to the owner upon termination of the usufruct
Maintaining a peaceful and harmonious relations is the condition set forth by naked owner for the continued existence of usufruct in one case decided by the Supreme Court.
In our previous articles, the rights and obligations of the usufructuary were discussed. This time, let us talk about the extinguishment or termination of usufruct.
Under what circumstances may a usufruct be extinguished?
The law says:
Usufruct is extinguished:
- By the death of the usufructuary, unless a contrary intention clearly appears;
- By the expiration of the period for which it was constituted, or by the fulfillment of any condition provided;
- By merger of the usufruct and ownership in the same person;
- By renunciation of the usufructuary;
- By the total loss of the thing in usufruct;
- By the termination of the right of the person constituting the usufruct;
- By prescription
For a better understanding, let us take some specific cases.
First is the case of Mercedes Moralidad vs. Sps. Diosdado Pernes and Arlene Pernes (G.R. No. 152809, August 3, 2006).
In this case, Mercedes acquired a lot initially for the purpose of letting her niece Arlene to occupy the same but later she wanted the property to be also available to any of her kin wishing to live and settle in Davao City. Mercedes made known her intention in a document. In the document, she stated that anybody of her kin who wishes to stay on her property should maintain an atmosphere of cooperation, live in harmony and must avoid bickering with one another. Also stated in the document is that when anyone of her kin cannot conform with her wishes, said kin may exercise his or her freedom to look for a different place to live.
In the course of time, the relation of Mercedes and Arlene turned sour to the point that violent confrontations transpired which led to the filing by former of an ejectment case against the latter. Among the issues in this case is whether the right of Arlene to possess the property by virtue of usufruct has been terminated.
The Supreme Court says:
The usufruct in favor of Arlene has already been terminated from the moment the atmosphere of cooperation has been lost and that the harmonious relationship between/among kin has ceased. The continuing animosity between Mercedes and Arlene’s family and the violence and the humiliation she was made to endure, despite age and frail condition, are enough factual bases to consider the usufruct as having been terminated. Thus, Mercedes is entitled to recover her property.
Also, in one case, a usufruct which arises from parental authority may be terminated or extinguished upon emancipation of the child or loss of parental authority as in the case of Anulina L. Vda. De Bogacki vs. Hon. Sancho Y. Inserto and Ma. Emma Luz Bogacki (G.R. No. L-39187, January 30, 1982).
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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