Example: Usufructs Constituted by A Vendee A Retro Terminate Upon Redemption

RENUNCIATION OF USUFRUCT
(1) Waiver: A voluntary surrender of the rights of the usufructuary, made by him with the
intent to surrender them.
(2) Limitations:
(a) Must be express: tacit renunciation is not sufficient;
(b) Does not need the consent of naked owner; and
(c) If made in fraud of creditors, they may rescind the waiver through an action
under Article 1381 (accion pauliana).
TERMINATION OF THE RIGHT OF PERSON CONSTITUTING THE USUFRUCT
Example: usufructs constituted by a vendee a retro terminate upon redemption.
ACT No. 2874

CLASSIFICATION, DELIMITATION AND SURVEY OF LANDS OF THE PUBLIC DOMAIN,
FOR THE CONCESSION THEREOF
Section 6. The Governor-General, upon the recommendation of the Secretary of

Agriculture and Natural Resources, shall from time to time classify the lands of the public
domain into —
(a) Alienable or disposable
(b) Timber and
(c) Mineral lands
and may it any time and in a like manner transfer such lands from one class to another, for
the purposes of their government and disposition.
Section 7. For the purpose of the government and disposition of alienable or disposable
public lands, the Governor-General, upon recommendation by the Secretary of Agriculture
and Natural Resources, shall from time to time declare what lands are open to disposition
or concession under this, Act.
Section 8. Only those lands shall be declared open to disposition or concession which have
been officially delimited and classified and, when practicable, surveyed, and which have not
been reserved for public or quasi-public uses, not appropriated by the Government, nor in
any manner become private property, nor those on which a private right authorized and
recognized by this Act or any other valid law may be claimed, or which, having been
reserved or appropriated, have ceased to be so. However, the Governor-General may, for
reasons of public interest, declare lands of the public domain open to disposition before the
same have had their boundaries established or been surveyed, or may, for the same
reasons, suspend their concession or disposition by proclamation duly published or by Act
of the Legislature.
Section 9. For the purposes of their government and disposition, the lands of the public
domain alienable or open to disposition shall be classified, according to the use or purposes
to which such lands are destined, as follows:
(a) Agricultural
(b) Commercial, industrial, or for similar productive purposes.
(c) Educational, charitable, and other similar purposes.
(d) Reservations for town sites, and for public and quasi-public uses.
The Governor-General, upon recommendation by the Secretary of Agriculture and Natural

Resources, shall from time to time make the classification provided for in this section, and
may, at any time and in a similar manner, transfer lands from one class to another.
Section 10. The words "alienation,'' "disposition," or "Concession" as used in this Act, shall
mean any of the methods authorized by this Act for the acquisition, lease, use or benefit of
the lands of the public domain other than timber or mineral lands.
NATIONAL HOUSING AUTHORITY, petitioner, vs. COURT OF APPEALS, BULACAN

GARDEN CORPORATION and MANILA SEEDLING BANK FOUNDATION,
INC., respondents.
ART. 605. Usufruct cannot be constituted in favor of a town, corporation, or

association for more than fifty years. If it has been constituted, and before the expiration
of such period the town is abandoned, or the corporation or association is dissolved, the
usufruct shall be extinguished by reason thereof. (Emphasis added)
The law clearly limits any usufruct constituted in favor of a corporation or association
to 50 years. A usufruct is meant only as a lifetime grant. Unlike a natural person, a
corporation or associations lifetime may be extended indefinitely. The usufruct would then
be perpetual. This is especially invidious in cases where the usufruct given to a corporation
or association covers public land. Proclamation No. 1670 was issued 19 September 1977, or
28 years ago. Hence, under Article 605, the usufruct in favor of MSBF has 22 years left.
MO 127 released approximately 50 hectares of the NHA property as reserved site for the
National Government Center. However, MO 127 does not affect MSBFs seven-hectare area
since under Proclamation No. 1670, MSBFs seven-hectare area was already exclude[d] from
the operation of Proclamation No. 481, dated October 24, 1968, which established the
National Government Center Site.

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RENUNCIATION OF USUFRUCT

TERMINATION OF THE RIGHT OF PERSON CONSTITUTING THE USUFRUCT

Example: usufructs constituted by a vendee a retro terminate upon redemption.

ACT No. 2874

Section 6. The Governor-General, upon the recommendation of the Secretary of

(a) Alienable or disposable

(b) Timber and

(c) Mineral lands

(b) Commercial, industrial, or for similar productive purposes.

(c) Educational, charitable, and other similar purposes.

The Governor-General, upon recommendation by the Secretary of Agriculture and Natural

NATIONAL HOUSING AUTHORITY, petitioner, vs. COURT OF APPEALS, BULACAN

ART. 605. Usufruct cannot be constituted in favor of a town, corporation, or

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