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Vicente Aranas
G.R. No. L-56249 May 29, 1987
Fr. Teodoro Aranas June 6, 1946 January 19, 1953
C. The special administration of the remainder of the estate of the testator
by Vicente Aranas, a faithful and serviceable nephew and designating
him also as recipient of 1/2 of the produce of said properties after
deducting the expenses for the administration and the other 1/2 of the
produce to be given to the Catholic Church for the eternal repose of the
testator's soul. Said pertinent provision reads as follows:
Article 870. The dispositions of the testator declaring all or part of the
estate inalienable for more than twenty years are void.
ISSUE
Vicente Aranas as a usufructuary has the right to enjoy the property of his
uncle with all the benefits which result from the normal enjoyment (or
exploitation) of another's property, with the obligation to return, at the
designated time, either the same thing, or in special cases its equivalent.
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.
The right of Vicente to enjoy the fruits of the properties is temporary and
therefore not perpetual as there is a limitation namely his death or his refusal.
Be it noted that Vicente Aranas is not prohibited to dispose of the fruits and
other benefits arising from the usufruct.
Neither are the owner of the naked title(the other heirs) of the properties are
prohibited from disposing the said properties without prejudice of course to
Vicente's continuing usufruct.
Therefore, there is no violation of Article 870 of the Civil Code since the subject
properties can be alienated anytime.