USUFRUCT. Write your answers on yellow pad paper. No computer print-outs.

1. Usufruct is the right to enjoy the property of another person for a period
of time. In includes jus utendi and jus fruendi. Jus disponendi remains
with the naked owner. Explain these concepts according to the case of
Eleizegui v. Manila Lawn Tennis Club, 2 Phil 309.
There are 3 ownership in a usufruct: First, Jus Utendi; Second, Jus Fruendi; Third,
Jus Disponendi. Jus Dispondendi refers to the persons right to dispose the
property. Article 562 of the civil code mentioned that usufruct only gives a
person the right to enjoy, it does not transfer ownership to the person, thus jus
disponendi remains with the naked owner. In the case, usufructuary was
compared to a lease agreement. Usufruct has a superior right compared to lease
because it includes both just utendi (right to use) and fruendi (right to fruits).
However, the main difference between them is with regard to the time. Usufruct
is limited to lifetime of usufructuary or not more than 3 years if in favour of
natural person or juridical person respectively. In lease, it is either a determinate
period or indefinite.
2. The usufructuary is considered a stranger when hidden treasure is found
on the property. How much is his share of the treasure? Explain.
Article 566 pertains to the share of usufructuary with regard to hidden treasures.
Basically, since the usufructuary is not the land owner, he cannot be entitled on
the treasure as a landowner but as a finder. Thus, he may only acquire of the
share as a finder and none if someone else is a finder.
3. When the usufructuary gives a portion of the income of the property in
usufruct to her sisters-in-law every month for a year from January to
December 2000, can she ask them to return what she has given because
they insulted her on January 2001? Explain.
No, because Article 566 mentioned that usufructuary is entitled to natural, civil
and industrial fruits. Since the income of the property is a civil fruits, the
usufructuary is entitled for the amount and the naked owner cant compel to
return given that it is in the time the usufructuary last.
4. Can the usufructuary of a coconut plantation cut some of the coconut
trees to create a wider space between the trees to allow more sunlight?
Explain.
No, the coconut trees cannot be cut because it is not one of the rights
contemplated in article 578. Article 578 pertains to woodland; however, coconut
plantation is different because woodland involves converting the timber into
lumber. Coconut plantation cannot be converted, thus the usufructs merely
extends to the fruits produced.
5. What is the effect of the failure of the usufructuary to make an inventory
after he takes possession of the property? Explain.

6. Who pays for extraordinary repairs? Explain.

 7. Who pays the taxes? Explain.
8. Mr. and Mrs. Cruz owned 20 hectares rice land. They wanted to live in
town near the hospital since they were growing old. They asked Mr. and
Mrs. Santos, who owned a 500 sq.m. vacant lot in town, to exchange 5
hectares of their rice land with 150 sq. m. of the lot in town. Mr. and Mrs.
Santos agreed on condition that if their daughter, who was studying in
Manila should decide to return and use the lot, Mr. and Mrs. Cruz will
leave, and the 5 hectare rice land will also be returned to them. They
signed an agreement entitled Barter and Mr. and Mrs. Cruz built a house
on the lot, while Mr. and Mrs. Santos enjoyed the rice harvests. When the
daughter of Mr. and Mrs. Santos returned after 5 years, she informed
everyone that she wants to use the lot to build a store. Is this a usufruct?
Explain.
9. Why is the period of usufruct in favour of a town limited to fifty years?
Explain.
10.There are seven modes of extinguishing a usufruct. Enumerate according
to Art. 603.
PROPERTY LAW for G01 and G02. To be submitted on 2 Nov. 2016. Atty. D.
Gasgonia