Sofronio was a married father of two when he had a brief fling with Sabrina, resulting in her pregnancy and the birth of their son Sinforoso. Though his wife knew nothing of the affair, Sofronio regretted it, but secretly provided child support for Sinforoso. Unfortunately, when Sinforoso was 10 years old, Sofronio died. Only Sofronio’s father, Salumbides, knew of Sabrina and Sinforoso. For the purpose of providing support to Sinforoso, Salumbides gave Sabrina usufructruary · rights over one of his properties – a house and lot – to last until Sinforoso reaches the age of majority. Sabrina was given possession of the property on the basis of caucion juratoria. Two (2) years after the creation of the usufruct, the house accidentally burned down, and three (3) years thereafter, Sinforoso died before he could reach the age of 18.
Will the usufruct continue after the house has burned down? If yes, will it continue after Sinforoso’s death? (2.5%)
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Yes, the usufruct continues over the land after the house burned down, but it terminates upon Sinforoso's death. Under Article 607 of the Civil Code, when a building forming part of a usufruct is destroyed, the usufruct continues
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Quick check
Under Article 607 of the Civil Code, what happens to a usufruct over a house and lot when the house is accidentally destroyed by fire?
Under Article 607, the destruction of a building does not extinguish the usufruct over the land and remaining materials.
Under Article 606 of the Civil Code, when does a usufruct granted until a third person reaches majority terminate if that person dies prematurely?
Under Article 606, a usufruct granted until a person reaches a certain age terminates upon his death if granted in consideration of his existence.
Under Article 587 of the Civil Code, what is caucion juratoria?
Caucion juratoria is a promise under oath allowing a usufructuary who cannot give security to take possession of necessary property.
Why did the usufruct constituted by Salumbides over his house and lot NOT terminate when the house burned down?
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Why was the usufruct extinguished upon the death of 13-year-old Sinforoso before reaching majority?
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Learn more about these topics
1. Destruction of Building
Under Article 607 of the Civil Code, if a building forming part of a usufruct is destroyed in any manner whatsoever, the usufructuary has the right to make use of the land and the remaining materials. The destruction of the structure alone does not extinguish the usufruct over the immovable property as a whole. The usufruct continues over the land on which the building stood and over any salvageable materials, allowing the usufructuary to continue exercising possessory rights over the underlying real property.
2. Term of Usufruct
Under Article 606 of the Civil Code, a usufruct granted for the time that may elapse before a third person attains a certain age shall continue for the number of years specified, even if the third person should die before that age, unless such usufruct has been expressly granted only in consideration of the existence of such person. When a usufruct is created specifically for the support and benefit of a named beneficiary, it is granted strictly in consideration of his existence and terminates upon his death.
3. Caucion Juratoria Remedy
Under Article 587 of the Civil Code, when a usufructuary cannot give proper security or bond, she may be allowed under caucion juratoria to take possession of the property, including a house and furniture necessary for her family. The usufructuary promises under oath to fulfill her legal duties and take proper care of the property. While caucion juratoria dispenses with the requirement of posting a financial bond due to poverty or necessity, it does not alter the statutory grounds for the termination or extinction of the usufruct.