USUFRUCT

REQUISITES OR ELEMENTS OF USUFRUCT

A. Essential (those without which it can not be termed Usufruct)
a. Real right whether registered in the Registry of Property or not)
b. Temporary nature or duration
c. Purpose is to enjoy the benefits and derive all advantages from the object as a consequence of
normal use or exploitation
B. Natural (that which ordinarily present, but contrary stipulation can eliminate it because it is not
essential)
a. Obligation of conserving or preserving the form and substance (value) of the thing
b. Transmissible
C. Accidental (those which may be present or absent depending upon the stipulation of the parties)
a. Whether it be pure or a conditional usufruct
b. The number of years it will exist
c. Whether it is in favor of one person or several
HOW USUFRUCT IS CONSTITUTED
Art. 563. Usufruct is constituted by law, by the will of private persons expressed in acts inter vivos or in a
last will and testament, and by prescription.
A. By law Ex: Usufruct of parents over the property of their unemancipated children. Such
usufruct cannot, because of family reasons, be mortgaged or alienated by the parents.
B. By will of the parties inter vivos (as by contract or donation) Ex: When an owner sells or
alienates the usufruct.
C. By mortis causa (as in last will and testament) The formalities of a will or codicil must be
complied with, either notarial or holographic.)
D. By prescription
ABNORMAL USUFRUCT
Usufruct over consumable property (vinegar or money). This is also called quasi-usufruct.
Usufruct over non-consumable things that gradually deteriorate by use (furniture or over an
automobile).
Usufruct over sterile or unproductive animals (Art. 591 to be considered a usufruct over
consumable or fungible things).
OBLIGATIONS OF USUFRUCTUARY
A. Before the usufruct
a. Make an inventory
b. Give security
B. During the usufruct
a. Take care of the property
b. Replace the young of animals that die or are lost or become prey when the usufruct is
constituted on a flock or herd of livestock
c. Make ordinary repairs
d. Notify the owner of urgent extra-ordinary repairs
e. Permit works and improvements by the naked owner not prejudicial to the usufruct
f. Pay annual taxes and charges on the fruits
h. Pay interest on taxes on capital paid by the naked owner
i. Secure the naked owners/ courts approval to collect credits in certain cases
j. Notify the owner of any prejudicial act committed by third persons
k. Pay for court expenses and costs
C. At the termination
a. Return the thing usufruct to the naked owner unless there is a right of retention
b. Pay legal interest for the time that the usufruct lasts
c. Indemnify the naked owner for any losses due to his negligence or of his transferees
USUFRUCTUARY IS EXCUSED FROM PUTTING UP BOND
Usufructuary is excused when:
1. No one will be injured by the lack of bond
2. The donor (or parent) reserved the usufruct of the property donated
3. The usufruct is subject to caucion juratoria where

a. The usufructuary takes an oath to take care of the things and restore them to its
previous state before the usufruct is constituted
b. The property subject to such cannot be alienated or encumbered or leased
*caucion juratoria promise under oath

MODES OF EXTINGUISHING USUFRUCT

1. Acquisitive prescription
2. Total loss of the thing
3. Death of the usufructuary; unless a contrary intention appears, since a usufruct is constituted essentially
as a lifetime benefit for the usufructuary or in consideration of his person
4. Termination of the right of the person constituting the usufruct
5. Expiration of the period or fulfillment of the resolutory condition
6. Renunciation of the usufructuary
7. Merger of the usufruct and ownership in the same person who becomes the absolute owner thereof
NUISANCE
CLASSIFICATIONS OF NUISANCE; DISTINCTIONS; REMEDIES
Classifications of Nuisance; Distinctions
1. According to the Civil Code
a. Public (or common) affects a community or neighborhood or any considerable number of
persons although the extent of the annoyance, danger or damage be unequal
b. Private that which affects an individual or few persons only
2. Other classifications
a. Nuisance per se that kind of nuisance which is always a nuisance
b. Nuisance per accidens a nuisance only because of the location or other circumstances
c. Temporary that kind which if properly attended does not constitute a nuisance
d. Permanent that kind which by nature of structure creates permanent inconvenience
e. Continuing by its nature will continue to exist indefinitely unless abated
f. Intermittent recurs off and on may be discontinued anytime
Remedies
Against public nuisance
a. A prosecution under the Penal Code or any local ordinance
b. A civil action
c. Abatement, without judicial proceedings
Against private nuisance
a. A civil action
b. Abatement, without judicial proceedings
REQUISITES OF A PRIVATE INDIVIDUAL TO ABATE A PUBLIC NUISANCE
a. Demand must be first made upon the owner or possessor of the property to abate the nuisance
b. Such demand has been rejected
c. Abatement is approved by the district health officer and executed with the assistance of the local police
d. Value of the destruction does not exceed P3000
Note: The private person officially abating a nuisance is liable for damages to the owner of the thing abated, if he causes
unnecessary injury or if an alleged nuisance is later declared by courts to be not a real nuisance.

DOCTRINE OF ATTRACTIVE NUISANCE

One who maintains on his estate or premises an attractive nuisance without exercising due care to prevent
children from playing therewith or resorting thereto, is liable to a child of tender years who is injured
thereby, even if the child is technically a trespasser in the premises.
OWNERSHIP
MODES OF ACQUIRING OWNERSHIP UNDER THE CIVIL CODE
1. Occupation
2. Law
3. Donation
4. Tradition
5. Intellectual creation
6. Prescription
7. Succession

KINDS OF TRADITION AS MODE OF ACQUIRING OWNERSHIP

1. Real Tradition: physical delivery
2. Constructive Tradition: when the delivery of the thing is not real or material but consists merely in
certain facts indicative of the same
a. Symbolical Tradition: done through the delivery of signs or things which represent that which
is being transmitted (e.g. keys or title itself)
b. Tradition by public instrument: consists in the substitution of real delivery of possession by a
public writing with the delivery of a document which evidences the transaction
c. Tradicio longa manu: made by the grantor pointing out to the grantee the thing to be delivered
d. Tradicio brevi manu: takes place when the grantee is already in possession of the thing (e.g.
when the lessee buys the thing leased to him)
e. Tradicion constitutum possessorium: similar to brevi manu but in the opposite sense when the
owner alienates a thing but remains in possession in another concept as lesee or depositary
3. Quasi tradition: delivery of incorporeal things or rights by the use by the grantee of his rights with the
grantors consent
4. Tradicion by operation of law: delivery which is not included in the foregoing modes of delivery and
where the delivery is effected solely by virtue of an express provision of law
DONATION
KINDS OF DONATION; REQUISITES; FORMALITIES
Kinds of Donation
1. According to motive or cause:
a. Simple pure liberality
b. Remuneratory (1st kind) to reward past services provided the services do not constitute a
demandable debt
c. Remuneratory (2nd kind): Conditional or Modal donations (1) reward future services; or (2)
because of future charges or burdens, when the value of said services, burdens, or charge is less
than the value of the donation
d. Onerous burdens, charges or services are equal in value to that of the donation
2. According to perfection or extinguishment:
a. Pure donation one which is not subject to any condition
b. Conditional one wherein the donor imposes on the donee a condition dependent on the
happening of a future event or past event unknown to the parties
c. With a term one wherein the donor imposes on the donee a condition dependent upon the
happening of a future and certain event
3. According to effectivity:
a. Inter vivos takes effect during the lifetime of the donor, independently of his death
b. Mortis causa takes effect upon donors death
c. Propter nuptias
Requisites
1. Donor must have the capacity to make the donation
2. He must have donative intent (animus donandi)
3. There must be delivery
4. Donee must accept or consent to the donation during the lifetime of the donor and of the donee in case
of donation inter vivos; whereas in case of donation mortis causa, acceptance is made after the donors
death because they partake of a will
Formalities
Acceptance may be made by the donee himself or thru an agent with special power of attorney, he
may not agree with the burden imposed (Art. 745, NCC).
Because the donee may not want to accept the donors liberality or if donation is onerous, he may
not agree with the burden imposed.
Donations made to incapacitated persons shall be void, though simulated under the guise of
another contract or through a person who is interposed (Art. 743, NCC).
If the donation is pure and simple and does not require written acceptance, the minors can accept
the donation by themselves.
If the donation needs written acceptance, it may be accepted by their guardian or legal
representatives.
Donations made to conceived and unborn children ay be accepted by those who would legally
represent them if they were already born (Art. 742, NCC).

REASONS OF KNOWING DISTINCTIONS BETWEEN DONATION INTER VIVOS AND

DONATION MORTIS CAUSA
The distinction between a transfer inter vivos and mortis causa is important as the validity or
revocation of the donation depends upon its nature. If the donation is inter vivos, it must be executed and
accepted with the formalities prescribed by Articles 748 and 749 of the Civil Code, except when it is
onerous in which case the rules on contracts will apply. If it is mortis causa, the donation must be in the
form of a will, with all the formalities for the validity of wills, otherwise it is void and cannot transfer
ownership.
RULES IN DETERMINING WHETHER DONATION IS INTER VIVOS OR MORTIS CAUSA
BASIS
INTER VIVOS
MORTIS CAUSA
As to when it takes effect
Takes effect during lifetime of
Takes effect upon donors death
the donor, independently of his
death
As to cause or consideration
Cause is donors pure generosity In contemplation of donors
death without intention to
dispose of the thing in case of
survival
On predecease
Valid if donor survives the donee Void if donor survives
On revocability
Generally irrevocable except for
Always revocable at any time
grounds provided for by law
and for any reason before the
donors death
On formalities
Must comply with the formalities Must comply with the formalities
of donations
of a will
On when acceptance is made
Acceptance during donors
After donors death
lifetime
On when property is conveyed to Property completely conveyed to Property retained by the donor
the donee
the donee
while he is still alive
On tax payable
Donors tax
Estate tax
DONATIONS PROHIBITED BY LAW
Donations made:
1. By individuals, associations or corporations not permitted by law to make donations;
2. By persons guilty of adultery or concubinage at the time of donation;
3. By a ward to the guardian before the approval of accounts;
4. By spouses to each other during their marriage or to persons of whom the other spouse is a
presumptive heir;
5. Between persons found guilty of the same criminal offense in consideration thereof;
6. To relatives of such priest, etc. within the 4th degree, or to the church to which such priest
belongs;
7. To an attesting witness to the execution of donation, if there is any, or to the spouse, parents or
children or anyone claiming under them;
8. To the priest who heard the confession of the donor during the latters last illness, or the
minister of the gospel who extended spiritual aid to him during the same period;
9. To a public officer or his/her spouse, descendants or ascendants in consideration of his/her
office;
10. To a physician, surgeon, nurse, health officer or druggist who took care of the donor during
his/her last illness.
MODES OF REVOKING INTER VIVOS DONATION; REDUCING
Grounds for revocation
1. Birth of a donors child or children (legitimate, legitimated, or illegitimate) after the donation,
even though born after his death;
2. Appearance of a donors child sho is missing and thought to be dead by the donor; or
3. Subsequent adoption by the donor of a minor child.
Grounds for reduction
The donation shall be reduced insofar as it exceeds the portion that may be freely disposed of by
will, taking into account the whole estate of the donor at the time of the birth, appearance, or adoption of
a child.

CONCEPT OF REVOCATION/ REDUCTION OF INTER VIVOS DONATION WHEN AT TIME

OF DONATION, DONOR WAS CHILDLESS
Every donation inter vivos, made by a person having no children or descendants, legitimate or
legitimated by subsequent marriage, or illegitimate, may be revoked or reduced as provided in the next
article, by the happening of any of these events:
1. if the donor, after the donation, should have legitimate or legitimated or illegitimate children,
even though they be posthumous;
2. if the child of the donor, whom the latter believed to be dead when he made the donation,
should turn out to be living; or
3. if the donor subsequently adopt a minor child.
Note that the happening of any of these events shall only give rise to a cause or ground to revoke
the donation. Hence, if the proper action for revocation is not instituted, or if it is instituted but after the
lapse of the statutory period of prescription, the donation will forever be considered valid. For any of
these events to be considered as grounds for the revocation of a donation it is necessary, however, that the
donor, at the time of the donation, did not have, or at least he believed that he did not have, any children
or descendants, whether legitimate, legitimated, illegitimate or adopted.
Upon the revocation or reduction of the donation based on Article 760, the following effects are
produced:
1. The property affected shall be returned, or if it cannot be returned, at least its value;
2. If the property is mortgaged, the donor may redeem the mortgage, by paying the amount
guaranteed, with a right to recover his payment from the donee. When the property cannot be returned, it
shall be estimated at what it was worth at the time of the donation.
3. The donee shall return the fruits of property affected only from the filing of the complaint.
ACTS OF INGRATITUDE; INOFFICIOUS DONATIONS
Acts of ingratitude
The donation may also be revoked at the instance of the donor, by reason of ingratitude in the
following cases:
1. If the donee should commit some offense against the person, the honor or the property of the
donor, or of his wife or children under his parental authority;
2. If the donee imputes to the donor any criminal offense, or any act involving moral turpitude,
even though he should prove it, unless the crime or the act has been committed against the donee himself,
his wife or children under his authority;
3. If he unduly refuses him support when the donee is legally or morally bound to give support to
the donor.
Inofficious donations
Donations which exceeds the freely disposable portion of the donors estate and thus impairs the
legitime of the compulsory heirs are inofficious and subject to reduction with regard to the excess.