Photo from Unsplash | Markus Spiske

This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

Article 603 of the Civil Code of the Philippines provides that a usufruct may be 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; or by prescription.

In our previous articles, we discussed usufruct in general, as well as the rights and obligations of the usufructuary. This time, we focus on the extinguishment or termination of usufruct.

When Does a Usufruct Terminate?

Article 603 of the Civil Code of the Philippines provides that a usufruct is extinguished by the following:

1. By the death of the usufructuary, unless a contrary intention clearly appears;
2. By the expiration of the period for which it was constituted, or by the fulfillment of any condition provided;
3. By merger of the usufruct and ownership in the same person;
4. By renunciation of the usufructuary;
5. By the total loss of the thing in usufruct;
6. By the termination of the right of the person constituting the usufruct;
7. By prescription.

Partial Loss of Property

If the thing given in usufruct should be lost only in part, the right shall continue on the remaining part. (Article 604)

Extinguishment for Towns, Corporations, or Associations

Usufruct cannot be constituted in favor of a town, corporation, or association for more than fifty years. If it has been constituted, and before the expiration of such period the town is abandoned, or the corporation or association is dissolved, the usufruct shall be extinguished by reason thereof. (Article 605)

Usufruct for a Third Person 

A usufruct granted for the time that may elapse before a third person attains a certain age, shall subsist for the number of years specified, even if the third person should die before the period expires, unless such usufruct has been expressly granted only in consideration of the existence of such person. (Article 606)

Abuse of Property 

A usufruct is not extinguished by bad use of the thing in usufruct; but if the abuse should cause considerable injury to the owner, the latter may demand that the thing be delivered to him, binding himself to pay annually to the usufructuary the net proceeds of the same, after deducting the expenses and the compensation which may be allowed him for its administration. (Article 610)

Joint Usufruct

A usufruct constituted in favor of several persons living at the time of its constitution shall not be extinguished until the death of the last survivor. (Article 611)

Delivery Upon Termination

Upon the termination of the usufruct, the thing in usufruct shall be delivered to the owner, without prejudice to the right of retention pertaining to the usufructuary or his heirs for taxes and extraordinary expenses which should be reimbursed. After the delivery has been made, the security or mortgage shall be cancelled. (Article 612)

Continuing Animosity

In Mercedes Moralidad vs. Sps. Diosdado Pernes and Arlene Pernes G.R. No. 152809, August 3, 2006, Mercedes acquired a lot initially for the purpose of letting her niece, Arlene, occupy it. Later, Mercrdes expressed her intention that the property should also be available to any of  her kin wishing to live and settle in Davao City. Mercedes made known her intention in a document wherein 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. The document further stated 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 the former of an ejection 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 held that the usufruct in favor of Arlene had already been terminated from the moment the atmosphere of cooperation was lost and the harmonious relationship among the relatives ceased. The Court further ruled that the continuing animosity between Mercedes and Arlene’s family, as well as the violence and humiliation that Mercedes was made to endure despite her age and frail condition, constitute sufficient factual bases to consider the usufruct as having been terminated. Consequently, Mercedes was entitled to recover possession of her property.

Another example is the case of Anulina L. Vda. de Bogacki v. Hon. Sancho Y. Inserto and Ma. Emma Luz Bogacki, G.R. No. L-39187, January 30, 1982. In this case, the Supreme Court held that a usufruct cannot be alienated or transferred to third persons when it arises from parental authority and is necessary to enable the parents to carry out their obligations to the incompetents under their authority. But, upon emancipation of the child or loss of parental authority, as in the case of the private respondent who has already attained the age of majority, is married, and living independently of the petitioner, the usufruct is extinguished.

Related Articles:

• RIGHTS OF A USUFRUCTUARY
• ALLOWING ONE TO ENJOY ANOTHER’S PROPERTY
• CONTINUING ANIMOSITY AS A GROUND FOR TERMINATING A USUFRUCT

Click here to subscribe to our newsletter

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

All rights reserved.