2018 Civil Law, Q8

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%)

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 606 of the Civil Code, when does a usufruct granted until a third person reaches majority terminate if that person dies prematurely?

Under Article 587 of the Civil Code, what is caucion juratoria?

Why did the usufruct constituted by Salumbides over his house and lot NOT terminate when the house burned down?

Choices available with full access.

Why was the usufruct extinguished upon the death of 13-year-old Sinforoso before reaching majority?

Choices available with full access.

Unlock the full Civil Law answers

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.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026