Professional Documents
Culture Documents
Effects of Possession
1. In general, every possessor has a right to be respected in his possession; if disturbed therein,
possessor has right to be protected in or restored to said possession. (Art. 539)
Cases:
Cequena v Bolante GR 137944 April 6, 2000
Dizon v Beltran GR No 221071 January 18, 2017
Lamsis v Dong-E GR No. 173021 October 20, 2010
VII. USUFRUCT
Usufruct is a real right, temporary in character that authorizes the holder to enjoy all the
advantages derived from a normal exploitation of another’s property, according to its destination or
purpose, and imposes and obligation of restoring at the time specified, either the thing itself or its
equivalent.
B. Historical considerations
C. Characteristics of Usufruct
D. Usufruct distinguished from lease; from servitude
E. Classes of Usufruct
1. By origin:
a. Voluntary
b. Legal – Art. 321 C.C.; Effect of Art. 226, Family Code
c. Mixed
b. As to object
1. Singular
2. Universal (Art. 598)
- subject to provisions of Arts. 758 & 759
F. Rights
a. Right to possess and enjoy the thing itself, its fruits and accessions
- Fruit consist of natural, industrial and civil fruits.
- As to hidden treasure, usufructuary is considered a stranger (Art. 566; 436)
- Fruits pending at the beginning of usufruct (Art. 567)
- Civil fruits (Art. 569, 588)
H. Obligations of Usufructuary
a. To take care of the thing like a good father or a family (Art. 589)
- Effect of failure to comply with obligation (Art. 610)
To deliver the thing in usufruct to the owner in the condition in which he has received it, after
undertaking ordinary repairs.
- Exception: abnormal usufruct
. time that may elapse before a third person attains a certain age, even if the latter
dies before period expires
- unless granted only in consideration of his existence Art. 606
4. Renunciation of usufruct
a. Limitations
- Must be express
- If made in fraud of creditors, waiver may be
rescinded by them through action under Art. 1381
a. If destroyed property is insured before the termination of the usufruct (Art. 608)
1. When insurance premium paid by the owner and usufruct (Art. 608, Par
1)
a. If owner rebuilds, usufruct subsist on new building
b. If owner does not rebuild interest upon insurance proceed paid to
usufructuary
7. Prescription
Cases covered: If third party acquires ownership of thing or property in
usufruct or right of ownership lost through prescription or right of usufruct not
began within prescriptive period, or if there is a tacit abandonment or non-user of
thing held in usufruct for required period.
1. It is a real, i.e., it gives an action in rem or real action against any possessor of servient
estate.
3. It is a right constituted over an immovable by nature (Land and buildings), not over
movables.
4. It limits the servient owner’s right of ownership for the benefit of the dominant estate.
Right of limited use, but no right to posses servient estate, Being an abnormal limitation
of ownership, it cannot be presumed.
6. It cannot consist in requiring the owner of the servient estate to do an act, (servitus in
faciendo consistere nequit) unless the act is accessory to a praedial servitude (obligation propter rem)
7. Generally, it may consist in the owner of the dominant estate demanding that the owner
of the servient estate refrain from doing something (servitus in non faciendo) , or that the latter permit that
something be done over the servient property (servitus in patendo), but not the right to demand that the
owner of the servient estate do something (servitus in faciendo) except if such obligation to a praedial
sevitude (obligation propter rem) .
8. It is inherently or inseparable from estate to which they actively or passively belong (Art.
617)
11. It has permanence, i.e., once it attaches, whether used or not, it continues and may be
used at anytime.
C. Classification of Servitudes
1. As to recipient of benefits:
a. Real or Praedial
b. Personal (Art. 614)
2. As to origin:
a.Legal whether for public use or for the interest of private persons (Art. 634)
b. Voluntary
a. Continuous
b. Discontinuous
4. As indication of its existence (Art. 615)
a. Apparent
b. Non-apparent
a. Positive
b. Negative (prescription start to run from service of notarial prohibition)
1. No one can have a servitude over his own property (nulli res sua servit)
2. A servitude cannot consist in doing (servitus in faciendo consistere nequit)
3. There cannot be a servitude over another servitude (Servitus servitutes esse non potest)
4. A servitude must be exercised in a way least burdensome to the owner of the land.
5. A servitude must have a perpetual cause.
1. By title-juridical act which give rise to the servitude, i.e. law donations, contracts or wills.
a. To use the easement (Art. 626) and exercise all rights necessary for the use of the (Art. 625)
b. To do at his expense, all necessary works for the use and preservation of the easement (Art. 627)
c. In a right of way, to ask for change in width of easement sufficient for needs of dominant estate (Art.
651)
a. To use the easement for benefit of immovable and in the manner originally established
(Art. 626)
b. To change the place and manner of use the easement (Art. 629, par. 2)
b. To change the place and manner of use the easement (Art. 628, par. 2)
(1) discontinuous easements; counted from the day they ceased to be used.
(2) continuous easements: counted from the day an act adverse to the
exercise took place.
H. Legal Easements
a. Those established for the use of water or easements relating to waters (Art.
637-648)
f. The easement of distance for certain constructions and plantings (Art. 677-681)