Title
Vda. de Albar vs. De Carangdang
Case
G.R. No. L-13361
Decision Date
Dec 29, 1959
Usufruct over land and building not extinguished by destruction; usufructuary entitled to full rentals, war damage interest, but not tax reimbursement.

Case Summary (G.R. No. L-13361)

Applicable Law

The legal framework guiding the decision includes provisions from the old Civil Code of the Philippines. Specifically, Article 603 relates to the extinction of usufruct, while Article 517 pertains to the rights of usufructuaries concerning immovable property that includes buildings.

Property Ownership and Usufruct Arrangements

Dona Rosario Fabie y Grey bequeathed her property through a will that granted the naked ownership to Rosario Grey Vda. de Albar and others, while the usufruct was granted to Josefa Fabie for her lifetime. The will specifically restricted the usufructuary from transferring her rights while she was a minor, emphasizing the intention to safeguard the property. Following World War II, the property was partially destroyed, prompting disputes over the usufructuary's rights in light of this loss.

Compromise Agreement

Following the destruction of the property, Au Pit, a prospective lessee, proposed a lease agreement contingent on both the naked owners and the usufructuary's consent. A temporary compromise was reached, wherein the naked owners would receive 20% of the rental income while Josefa Fabie would receive the remaining 80%. The agreement preserved the right of the usufructuary for life, ensuring any new constructions would be considered part of the property.

Trial Court Judgment

Initially, the trial court ruled in favor of Josefa Fabie, affirming her rights over the property and her continued entitlement to rents. This ruling included provisions for her to receive interest on war damage compensation and reimbursement for real estate taxes paid.

Appeal and Court of Appeals Decision

The decision was modified upon appeal, sustaining that the usufruct remained in effect and that the usufructuary could claim the legal interest on the war damage payment. However, reimbursement of taxes was deferred until the termination of the usufruct, and the order for attorney’s fees was dismissed.

Interpretation of the Will

A pivotal issue was the interpretation of the will's language regarding "fincas" (estates), leading to differing opinions between the parties. The petitioners argued that the usufruct should cease following the destruction of the buildings, while the respondent contended that her rights extended over the land and were not extinguished by the building's loss. The court sided with the interpretation that the usufruct includes both the land and any structures, asserting that a building cannot stand independently of the land.

Legal Framework Analysis

According to Article 517 of the Civil Code, the usufructuary retains rights over the land and remaining materials even if the building is destroyed. The court asserted that since the usufruct had not been fully extinguished, Josefa Fabie could benefit from the property until such time as she could no longer claim its fruits.

Final Ruling and Financial Obligations

The final ruling upheld that the right of usufruct continues despite the destruction of the building and mandated that the naked owners were responsible for repaying certain taxes paid by the usufructuary during her administration of the property. The court affirmed the right of Josefa Fabie to receive a share of the war damage payment, but the controversy

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