GABOYA v. CUI FACTS D. Mariano Cui sells his land to his children and retains for himself 1/3.

. It was sold to 3 children but the 3rd child can not pay and so, he keeps the 1/3 portion. The sale is premised on the condition that he keeps the ri ht to usufruct !collect rent" on the entire land !i.e., 3/3". Children obtain consent of D. Mariano to mort a e 3/3, to ac#uire a loan in order that commercial buildin be built on that entire area. D. Mariano a rees but still reser$es his ri ht %pro$ided that the rents of the said land shall not be impaired and always be recei$ed by me.& The portion of the buildin on D. Mariano's share of the land was occupied by Chinese businessman who pays D. Mariano ()**.** !unimportant+ case brou ht forward lookin for a uardian to the estate and askin for delaration that D. Mariano's incompetent, well he's not, assailin the sale to the children by their other siblin s, because it's con-u al, well it's not, so sale is $alid." .aboya is the administrator of Don Mariano's estate, who dies after this is filed. /e says that the usufructuary right of D. Mariano exten s to inc!u e the co""ercia! #ui! ing$ %hich renta!s %ere &e't #y the chi! ren$ an so this entit!es the" to recision. ISSU( ) i the reservation of usufructuary right entit!e D. Mariano to the #ui! ing renta!s* +O,DI-G ) -O. The rentals recei$ed were limited to the land alone. %pro$ided that the rents of the said land shall not be impaired and always be recei$ed by me.& The ar ument of petitioner, 0rt 121 !usufructuary shall ha$e the ri ht to en-oy eny increase which the thin in usufruct may en-oy throu h accession", fails because under the articles on industrial accession by edification on the principal land, such accession is !i"ite to the !an of another %ith the "ateria!s of so"eone e!se. The children own the land and the materials, so necessarily, they own the buildin . !that the area of the usufruct was reduced because of buildin construction is has been addressed by court below where it orderd the children in earlier case to pay D. Mariano

monthly rent for the rental of their buildin on his land" 0lso, as a ainst the theory of appellants 3 !1" amount in$ested in the buildin represents addional capital od land owners and wasn't forseen when usufruct was created, !4" if the proceeds were to o to his usufructuary, it would because self5defeatin because it would burden e6clusi$ely the owner of the land !children" for repairs, amortisation, etc. and this contradicts public policy and eneral interest.

,ess I"'ortant Issue an +o! ing. is this a groun fro rescin ing contract* !7bliCon" 8o, because the premise of the contract was payment of the rent accruin from the principal land use. The only breach here is in effect the non5payment of the land rental on the builin situated on D. Mariano's share and it bein that there wasn't any stipulation as re ards the $alue before the decision now on appeal !this case", and that there has been no pre$ious demand, then there is no mora or delay on their part. 0 breach must be so substantial and fundamental as to defeat the ob-ect of the parties in makin the a reement !9on :o $. /awaiian". D;CI9I78 0::I<M;D. ,IUA-AG /. YU0SO-1UIAFACTS. =u Chiocco enters into lease with landowner and puts up buildin s. =u Chin co wasn't mentioned in any of the papers. 0dministratri6 of =u Chin co brin s action alle in that =u5Chiocco !who also subse#uently dies"'s property belon ed to estate of =u Chin co, since the materials the Chiocco used belon ed to the Chin co, e$en if Chiocco laboured in puttin the buildin s up to ether. thus the former was declared by the court below as entitled to >

ISSU( ) 2e!! oes #ui! ing #e!ong to Chingco3s (state* +(,D ) -O. If such material was used therein, it doesn't follow that the owner of any part of the buildin s. 9panish Ci$il Code 3)* 3 owner of the soil who shall make thereon, in person or throu h another , plantin s 666 with material belon in to another person, is obli ed to pay their $alue 666&

This article is applicable to a leasehold. The most she can do is claim material's $alue.

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