Republic Act No. 386
The Civil Code of the Philippines
Title VI. Usufruct
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Chapter 1.
Usufruct in General
Article 562 Concept, definition
of usufruct
Article 563 Usufruct
as to origin
Article 564 Usufruct as to quantity or extent of fruits
or object; number of persons enjoying the right; quality or kind
of object involved; terms and conditions
Article 565 Rules governing
a usufruct
Chapter
2. Rights of the Usufructuary
Article 566 Fruits a usufructuary
is entitled to
Article 567 Pending natural
or industrial fruits
Article 568 When usufructuary
leases property to another
Article 569 Ownership and accrual
of civil fruits
Article 570 Rules on rent, pensions,
benefits, etc
Article 571 Increases in the
thing held in usufruct
Article 572 Rights as to thing
itself, the usufructuary right itself
Article 573 Usufruct on things
that deteriorate
Article 574 Usufruct on consumable
things
Article 575 Usufruct on fruit-bearing
trees and shrubs, etc.
Article 576 Effect of calamity
on trees and shrubs
Article 577 Benefits of usufructiuary
of woodland
Article 578 Usufruct of an action
to recover through the courts
Article 579 Useful and luxurious
improvements
Article 580 Right to set-off
improvements
Article 581 Alienation by naked
owner
Article 582 Usufructuary
of a part of common property
Chapter
3. Obligations of the Usufructuary
Article 583 Obligations on
inventory and security
Article 584 Usufruct
of donor or of parents
Article 585 Effect if no one
will be injured
Article 586 Effects of failure
to give security
Article 587 Caucion
juratoria
Article 588 Retroactive effect
of security given
Article 589 Duty of usufructuary
to take care of property
Article 590 Liability of usufructuary for acts of the
subsittute
Article 591 Usufruct on livestock
Article 592 Duty to make ordinary
repairs
Article 593 Duty of naked owner
to make extraordinary repairs
Article 594 Kinds of extraordinary
repairs
Article 595 Constructions, improvements
and plantings by naked owner
Article 596 What charges or
taxes usufructuary must pay
Article 597 Payment of taxes
Article 598 When usufructuary
pays for debts of naked owner
Article 599 Usufruct of a matured
credit
Article 600 Usufruct of mortgaged
immovable
Article 601 Notification by
usufructuary
Article 602 Liability for expenses
and costs
Chapter
4. Extinguishment of Usufruct
Article 603 When is usufruct is extinguished
Article 604 Effect of partial
loss
Article 605 Usufruct in favor
of towns, corporations or associations
Article 606 Usufruct for elapsed
time before a third person reaches certain
age
Article 607 Usufruct on a building
and/or land
Article 608 Payment of insurance
on tenement held in usufruct
Article 609 Rules in case of
expropriation
Article 610 Effect of bad use
of property held in usufruct
Article 611 Multiple usufruct
Article 612 Rights and obligations
upon termination of usufruct
Chapter 1.
Usufruct In General
Art. 562.
Usufruct gives a right to enjoy the property of another with the
obligation of preserving its form and substance, unless the title
constituting it or the law otherwise provides. (467)
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. (468)
Art. 564.
Usufruct may be constituted on the whole or a part of the fruits
of the thing, in favor of one or more persons, simultaneously or
successively, and in every case from or to a certain day, purely
or conditionally. It may also be constituted on a right, provided
it is not strictly personal or intransmissible.
(469)
Art. 565.
The rights and obligations of the usufructuary
shall be those provided in the title constituting the usufruct;
in default of such title, or in case it is deficient, the provisions
contained in the two following Chapters shall be observed. (470)
Chapter 2.
Rights of the Usufructuary
Art. 566.
The usufructuary shall be entitled to
all the natural, industrial and civil fruits of the property in
usufruct. With respect to hidden treasure which may be found on
the land or tenement, he shall be considered a stranger. (471)
Art. 567.
Natural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary.
Those growing at the time the usufruct
terminates, belong to the owner.
In the preceding cases, the usufructuary, at the beginning of the usufruct, has no obligation
to refund to the owner any expenses incurred; but the owner shall
be obliged to reimburse at the termination of the usufruct, from
the proceeds of the growing fruits, the ordinary expenses of cultivation,
for seed, and other similar expenses incurred by the usufructuary.
The provisions of this article
shall not prejudice the rights of third persons, acquired either
at the beginning or at the termination of the usufruct. (472)
Art. 568.
If the usufructuary has leased the lands
or tenements given in usufruct, and the usufruct should expire before
the termination of the lease, he or his heirs and successors shall
receive only the proportionate share of the rent that must be paid
by the lessee. (473)
Art. 569.
Civil fruits are deemed to accrue daily, and belong to the usufructuary
in proportion to the time the usufruct may last. (474)
Art. 570.
Whenever a usufruct is constituted on the right to receive a rent
or periodical pension, whether in money or in fruits, or in the
interest on bonds or securities payable to bearer, each payment
due shall be considered as the proceeds or fruits of such right.
Whenever it consists in the enjoyment
of benefits accruing from a participation in any industrial or commercial
enterprise, the date of the distribution of which is not fixed,
such benefits shall have the same character.
In either case they shall be distributed
as civil fruits, and shall be applied in the manner prescribed in
the preceding article. (475)
Art. 571.
The usufructuary shall have the right
to enjoy any increase which the thing in usufruct may acquire through
accession, the servitudes established in its favor, and, in general,
all the benefits inherent therein. (479)
Art. 572.
The usufructuary may personally enjoy
the thing in usufruct, lease it to another, or alienate his right
of usufruct, even by a gratuitous title; but all the contracts he
may enter into as such usufructuary shall terminate upon the expiration of the usufruct,
saving leases of rural lands, which shall be considered as subsisting
during the agricultural year. (480)
Art. 573.
Whenever the usufruct includes things which, without being consumed,
gradually deteriorate through wear and tear, the usufructuary
shall have the right to make use thereof in accordance with the
purpose for which they are intended, and shall not be obliged to
return them at the termination of the usufruct except in their condition
at that time; but he shall be obliged to indemnify the owner for
any deterioration they may have suffered by reason of his fraud
or negligence. (481)
Art. 574.
Whenever the usufruct includes things which cannot be used without
being consumed, the usufructuary shall
have the right to make use of them under the obligation of paying
their appraised value at the termination of the usufruct, if they
were appraised when delivered. In case they were not appraised,
he shall have the right to return at the same quantity and quality,
or pay their current price at the time the usufruct ceases. (482)
Art. 575.
The usufructuary of fruit-bearing trees
and shrubs may make use of the dead trunks, and even of those cut
off or uprooted by accident, under the obligation to replace them
with new plants. (483a)
Art. 576.
If in consequence of a calamity or extraordinary event, the trees
or shrubs shall have disappeared in such considerable number that
it would not be possible or it would be too burdensome to replace
them, the usufructuary may leave the dead,
fallen or uprooted trunks at the disposal of the owner, and demand
that the latter remove them and clear the land. (484a)
Art. 577.
The usufructuary of woodland may enjoy
all the benefits which it may produce according to its nature.
If the woodland is a copse or consists
of timber for building, the usufructuary
may do such ordinary cutting or felling as the owner was in the
habit of doing, and in default of this, he may do so in accordance
with the custom of the place, as to the manner, amount and season.
In any case the felling or cutting
of trees shall be made in such manner as not to prejudice the preservation
of the land.
In nurseries, the usufructuary may make the necessary thinnings
in order that the remaining trees may properly grow.
With the exception of the provisions
of the preceding paragraphs, the usufructuary
cannot cut down trees unless it be to restore
or improve some of the things in usufruct, and in such case shall
first inform the owner of the necessity for the work. (485)
Art. 578.
The usufructuary of an action to recover
real property or a real right, or any movable property, has the
right to bring the action and to oblige the owner thereof to give
him the authority for this purpose and to furnish him whatever proof
he may have. If in consequence of the enforcement of the action
he acquires the thing claimed, the usufruct shall be limited to
the fruits, the dominion remaining with the owner. (486)
Art. 579.
The usufructuary may make on the property
held in usufruct such useful improvements or expenses for mere pleasure
as he may deem proper, provided he does not alter its form or substance;
but he shall have no right to be indemnified therefor.
He may, however, remove such improvements, should it be possible
to do so without damage to the property. (487)
Art. 580.
The usufructuary may set off the improvements
he may have made on the property against any damage to the same.
(488)
Art. 581.
The owner of property the usufruct of which is held by another,
may alienate it, but he cannot alter its form or substance, or do
anything thereon which may be prejudicial to the usufructuary.
(489)
Art. 582.
The usufructuary of a part of a thing
held in common shall exercise all the rights pertaining to the owner
thereof with respect to the administration and the collection of
fruits or interest. Should the co-ownership cease by reason of the
division of the thing held in common, the usufruct of the part allotted
to the co-owner shall belong to the usufructuary. (490)
Chapter 3.
Obligations of the Usufructuary
Art. 583.
The usufructuary, before entering upon
the enjoyment of the property, is obliged:
(1) To make, after notice to
the owner or his legitimate representative, an inventory of all
the property, which shall contain an appraisal of the movables and a description
of the condition of the immovables;
(2) To give security, binding
himself to fulfill the obligations imposed upon him in accordance
with this Chapter. (491)
Art. 584.
The provisions of No. 2 of the preceding article shall not apply
to the donor who has reserved the usufruct of the property donated,
or to the parents who are usufructuaries
of their children's property, except when the parents contract a
second marriage. (492a)
Art. 585.
The usufructuary, whatever may be the
title of the usufruct, may be excused from the obligation of making
an inventory or of giving security, when no one will be injured
thereby. (493)
Art. 586.
Should the usufructuary fail to give security
in the cases in which he is bound to give it, the owner may demand
that the immovables be placed under administration, that the movables
be sold, that the public bonds, instruments of credit payable to
order or to bearer be converted into registered certificates or
deposited in a bank or public institution, and that the capital
or sums in cash and the proceeds of the sale of the movable property
be invested in safe securities.
The interest on the proceeds of
the sale of the movables and that on public securities and bonds,
and the proceeds of the property placed under administration, shall
belong to the usufructuary.
Furthermore, the owner may, if
he so prefers, until the usufructuary
gives security or is excused from so doing, retain in his possession
the property in usufruct as administrator, subject to the obligation
to deliver to the usufructuary the net proceeds thereof, after deducting the
sums which may be agreed upon or judicially allowed him for such
administration. (494)
Art. 587.
If the usufructuary who has not given
security claims, by virtue of a promise under oath, the delivery
of the furniture necessary for his use, and that he and his family
be allowed to live in a house included in the usufruct, the court
may grant this petition, after due consideration of the facts of
the case.
The same rule shall be observed
with respect to implements, tools and other movable property necessary
for an industry or vocation in which he is engaged.
If the owner does not wish that
certain articles be sold because of their artistic worth or because
they have a sentimental value, he may demand their delivery to him
upon his giving security for the payment of the legal interest on
their appraised value. (495)
Art. 588.
After the security has been given by the usufructuary,
he shall have a right to all the proceeds and benefits from the
day on which, in accordance with the title constituting the usufruct,
he should have commenced to receive them. (496)
Art. 589.
The usufructuary shall take care of the
things given in usufruct as a good father of a family. (497)
Art. 590.
A usufructuary who alienates or leases
his right of usufruct shall answer for any damage which the things
in usufruct may suffer through the fault or negligence of the person
who substitutes him. (498)
Art. 591.
If the usufruct be constituted on a flock or herd of livestock,
the usufructuary shall be obliged to replace with the young thereof
the animals that die each year from natural causes, or are lost
due to the rapacity of beasts of prey.
If the animals on which the usufruct
is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any
other uncommon event, the usufructuary
shall fulfill his obligation by delivering to the owner the remains
which may have been saved from the misfortune.
Should the herd or flock perish
in part, also by accident and without the fault of the usufructuary, the usufruct shall continue on the part saved.
Should the usufruct be on sterile
animals, it shall be considered, with respect to its effects, as
though constituted on fungible things. (499a)
Art. 592.
The usufructuary is obliged to make the
ordinary repairs needed by the thing given in usufruct.
By ordinary repairs are understood
such as are required by the wear and tear due to the natural use
of the thing and are indispensable for its preservation. Should
the usufructuary fail to make them after demand by the owner,
the latter may make them at the expense of the usufructuary.
(500)
Art. 593.
Extraordinary repairs shall be at the expense of the owner. The
usufructuary is obliged to notify the owner when the need
for such repairs is urgent. (501)
Art. 594.
If the owner should make the extraordinary repairs, he shall have
a right to demand of the usufructuary
the legal interest on the amount expended for the time that the
usufruct lasts.
Should he not make them when they
are indispensable for the preservation of the thing, the usufructuary may make them; but he shall have a right to demand
of the owner, at the termination of the usufruct, the increase in
value which the immovable may have acquired by reason of the repairs.
(502a)
Art. 595.
The owner may construct any works and make any improvements of which
the immovable in usufruct is susceptible, or make new plantings
thereon if it be rural, provided that such acts do not cause a diminution
in the value of the usufruct or prejudice the right of the usufructuary.
(503)
Art. 596.
The payment of annual charges and taxes and of those considered
as a lien on the fruits, shall be at the expense of the usufructuary
for all the time that the usufruct lasts. (504)
Art. 597.
The taxes which, during the usufruct, may be imposed directly on
the capital, shall be at the expense of the owner.
If the latter has paid them, the
usufructuary shall pay him the proper
interest on the sums which may have been paid in that character;
and, if the said sums have been advanced by the usufructuary,
he shall recover the amount thereof at the termination of the usufruct.
(505)
Art. 598.
If the usufruct be constituted on the whole of a patrimony, and
if at the time of its constitution the owner has debts, the provisions
of Articles
758 and 759 relating to donations shall be applied, both with
respect to the maintenance of the usufruct and to the obligation
of the usufructuary to pay such debts.
The same rule shall be applied
in case the owner is obliged, at the time the usufruct is constituted,
to make periodical payments, even if there should be no known capital.
(506)
Art. 599.
The usufructuary may claim any matured
credits which form a part of the usufruct if he has given or gives
the proper security. If he has been excused from giving security or has been able to give
it, or if that given is not sufficient, he shall need the authorization
of the owner, or of the court in default thereof, to collect such
credits.
The usufructuary
who has given security may use the capital he has collected in any
manner he may deem proper. The usufructuary
who has not given security shall invest the said capital at interest
upon agreement with the owner; in default of such agreement, with
judicial authorization; and, in every case, with security sufficient
to preserve the integrity of the capital in usufruct. (507)
Art. 600.
The usufructuary of a mortgaged immovable
shall not be obliged to pay the debt for the security of which the
mortgage was constituted.
Should the immovable be attached
or sold judicially for the payment of the debt, the owner shall
be liable to the usufructuary for whatever
the latter may lose by reason thereof. (509)
Art. 601.
The usufructuary shall be obliged to notify
the owner of any act of a third person, of which he may have knowledge,
that may be prejudicial to the rights of ownership, and he shall
be liable should he not do so, for damages, as if they had been
caused through his own fault. (511)
Art. 602.
The expenses, costs and liabilities in suits brought with regard
to the usufruct shall be borne by the usufructuary.
(512)
Chapter 4.
Extinguishment of Usufruct
Art. 603.
Usufruct is extinguished:
(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 resolutory condition
provided in the title creating the usufruct;
(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. (513a)
Art. 604.
If the thing given in usufruct should be lost only in part, the
right shall continue on the remaining part. (514)
Art. 605.
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. (515a)
Art. 606.
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. (516)
Art. 607.
If the usufruct is constituted on immovable property of which a
building forms part, and the latter should be destroyed in any manner
whatsoever, the usufructuary shall have a right to make use of the land and
the materials.
The same rule shall be applied
if the usufruct is constituted on a building only and the same should
be destroyed. But in such a case, if the owner should wish to construct
another building, he shall have a right to occupy the land and to
make use of the materials, being obliged to pay to the usufructuary,
during the continuance of the usufruct, the interest upon the sum
equivalent to the value of the land and of the materials. (517)
Art. 608.
If the usufructuary shares with the owner
the insurance of the tenement given in usufruct, the former shall,
in case of loss, continue in the enjoyment of the new building,
should one be constructed, or shall receive the interest on the
insurance indemnity if the owner does not wish to rebuild.
Should the usufructuary have refused to contribute to the insurance,
the owner insuring the tenement alone, the latter shall receive
the full amount of the insurance indemnity in case of loss, saving
always the right granted to the usufructuary
in the preceding article. (518a)
Art. 609.
Should the thing in usufruct be expropriated for public use, the
owner shall be obliged either to replace it with another thing of
the same value and of similar conditions, or to pay the usufructuary
the legal interest on the amount of the indemnity for the whole
period of the usufruct. If the owner chooses the latter alternative,
he shall give security for the payment of the interest. (519)
Art. 610.
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. (520)
Art. 611.
A usufruct constituted in favor of several persons living at the
time of its constitution shall not be extinguished until death of
the last survivor. (521)
Art. 612.
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. (522a)
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