remainder of the period
2.
Usufruct on the building alone
a.
The usufruct on the building ends, but the usufructuary
can still make use of whatever materials on the house
remain
b.
Also, the usufructuary is entitled to the use of the land
c.
But precisely because there was no usufruct on the land,
the naked owner has preferential right to its use
Art. 608. If the usufructuary shares with the owner the insurance
of the tenement given in usufruct, the former shall, in case of loss,
continue in the enjoyment of the new building, should one be
constructed, or shall receive the interest on the insurance
indemnity if the owner does not wish to rebuild.
Should the usufructuary have refused to contribute to the
insurance, the owner insuring the tenement alone, the latter shall
receive the full amount of the insurance indemnity in case of loss,
saving always the right granted to the usufructuary in the
preceding article. (518a)
PAYMENT OF INSURANCE ON THE TENEMENT HELD IN USUFRUCT
This article distinguishes between a case where both the
usufructuary and the naked owner share in the payment of the
insurance premium, and a case where it is only the naked owner
who pays because the usufructuary refused
RULES:
1.
If the naked owner and the usufructuary share in the premiums—
and the property is destroyed
a.
If the owner constructs a new building, the usufruct
continues on the new building
b.
If the owner doesn’t construct a new building or rebuild,
the naked owner gets the insurance indemnity but should
pay the interest thereon to the usufructuary
2.
If the naked owner pays alone for the insurance and the
usufructuary has refused to share
a.
The naked owner gets the whole indemnity
b.
If usufruct was on the building and the land, the usufruct
continues on the land and the materials
LAW ON PROPERTY NOTES
BASED ON PARAS BOOK AND ATTY. FRANCIS AMPIL’S LECTURE
Page 78 of 123
BY: MA. ANGELA LEONOR C. AGUINALDO
ATENEO LAW 2D 2010
c.
If usufruct was on the building alone the naked owner
may rebuild, with or without the approval of the
usufructuary, but he must pay interest on the value of
the land and the old materials that may have been used
3.
If the naked owner alone paid for the insurance but there is failure
or omission
a.
The effect is the same as if there was sharing but the
usufructuary must reimburse the naked owner his share
of the insurance premium
4.
If the usufructuary alone pays the insurance premium
a.
The insurance indemnity goes to the usufructuary alone,
with no obligation on his part to share the indemnity
with, nor give legal interest thereon to, the naked owner
b.
The usufruct no doubt continues on the land for the
remaining period of the usufruct
c.
The usufructuary has no obligation to construct an new
building or to rebuild
Art. 609. Should the thing in usufruct be expropriated for public
use, the owner shall be obliged either to replace it with another
thing of the same value and of similar conditions, or to pay the
usufructuary the legal interest on the amount of the indemnity for
the whole period of the usufruct. If the owner chooses the latter
