Legal Usufruct Philippines

588. After the usufructuary has provided the security, he is entitled to all the proceeds and benefits from the date on which, under the title giving rise to the usufruct, he should have started receiving them. (496) (g) Transfer of usufruct to the owner: once the usufruct has expired, the usufructuary is obliged to return the property to the simple owner.  A co-owner may transfer the usufruct to another, even without the consent of the others, except for personal considerations In such a case, the usufructuary replaces the owner with regard to the management and collection of fruit and interest  Annual charges on fruit Annual taxes on LandArt. 597. Taxes that may be levied directly on the capital during usufruct are borne by the owner. If the latter has paid them, the usufructuary shall pay him reasonable interest on the sums thus paid; And if these sums have been advanced by the usufructuary, he recovers the amount at the end of the usufruct. (505) Interest on the proceeds of the sale of movable property and the proceeds of government securities and bonds, as well as the proceeds of assets placed under administration, belong to the usufructuary. In addition, if the owner prefers it until the usufructuary provides a guarantee or is exempted from it, he may keep the usufructuary property in his possession as administrator, subject to the obligation to remit the net proceeds to the usufructuary, less the sums agreed or legally permitted for this administration. (494) Article 609. If the usufruct is expropriated for public use, the owner is obliged either to replace it with another object of equal value and under similar conditions, or to pay the usufructuary the statutory interest on the amount of compensation for the entire duration of the usufruct.

If the owner chooses the latter option, he must provide a guarantee for the payment of interest. (519) (e) Custody: the usufructuary must inform the simple owner of any act of a third party likely to infringe the right of ownership. 610. A usufruct does not expire by misuse of the thing in the usufruct; However, if the abuse causes substantial damage to the owner, the latter may demand that the goods be delivered to him, undertaking to pay annually to the usufructuary the net proceeds thereof, less the costs and indemnities which may be awarded to him for their management. (520) „(3) By merging the usufruct and ownership of the same person; 1. The usufructuary may only possess the property after providing a guarantee2. The usufructuary cannot manage the property, so he cannot rent it3. The usufructuary may neither recover nor invest the loans due unless the court or the naked owner consents4. But the usufructuary may alienate his right to usufruct under Article 611. A usufruct established for the benefit of several persons living at the time of its foundation does not expire until the death of the last survivor. (521) Article 606. The usufruct granted for the time that may elapse before a third party reaches a certain age exists for the specified number of years, even if the third party dies before the expiry of that period, unless such usufruct has been expressly granted solely taking into account the existence of that person.

(516) Article 587. If the usufructuary who has not provided security claims, by virtue of an affidavit, the supply of the furniture necessary for his use and he and his family can live in a house covered by the usufruct, the court may, after having duly examined the facts, grant this request. The same rule applies to equipment, tools and other movable property necessary for an industry or profession in which he operates. If the owner does not wish certain goods to be sold because of their artistic value or because they have sentimental value, he may request that they be delivered to him if he provides security for the payment of legal interest on their estimated value. (495) Article 569. Civil fruits accumulate daily and belong to the usufruct in proportion to the duration of the usufruct. (474) In any event, the felling or felling of trees must be carried out in such a way as not to jeopardise the conservation of the land. In nurseries, the usufructuary can carry out the necessary thinning so that the remaining trees can grow properly.

With the exception of the provisions of the preceding paragraphs, the usufructuary may only cut down trees if it serves to restore or improve part of the usufruct and, in this case, must first inform the owner of the need for the work. (485) Note that the usufructuary is considered a stranger to any hidden treasure that may be found on the property. So, if he is the discoverer, he may be entitled to half of the treasure.