Question VIII, Civil Law, 2018 Bar Exam

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%)

Suggested Answer:

1) On the first question:

Yes. Answer

Under the Civil Code, if the usufruct is constituted on immovable property of which a building forms part, and the latter should be destroyed in any manner whatsoever, the usufructuary shall have a right to make use of the land and the materials. Rule

In the case at bar, the usufruct was constituted on an immovable property, on house and lot. That the house was burned down will not terminate the usufruct. Apply

Thus, the usufruct will continue after the house has...


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