JUANA PICHAY PICHAY vs QUEROL Facts of the case: Juana Pichay Pichay conveyed to the the defendants an undivided !" !" inte#est inte#est in $% &a#ce's &a#ce's of 'and as &ay(ent of a de)t of P*%++ ,hich she o,ed the(- .he cont#act )y ,hich this conveyance ,as (ade contained the fo''o,in/ c'ause: 0.he one1thi#d &a#t of these 'ands )e'on/ to (e* it )ein/ (y sha#e in the inhe#itance 'eft )y (y deceased &a#ents2 )ut I have #e3uested (ay said c#edito#s c#edito#s to a''o, (e to en4oy the usuf#uct of the sa(e unti' (y death* not,ithstandin/ not,ithstandin/ the fact that I have conveyed the said 'ands to the( in &ay(ent of (y de)t* and I )ind (yse'f not to se''* (o#t/a/e* o# 'eave the said 'ands as inhe#itance to any &e#son-5 .he o,ne#s of the t,enty1 t,enty1 6ve &a#ce's of 'and (ade a &a#tition the#eof the#eof a(on/ the(se'ves* in ,hich the &'ainti7 too8 no &a#t* and in this &a#tition ce#tain s&eci6c t#acts of 'and ,e#e assi/ned to the defendants as the thi#d to ,hich they ,e#e entit'ed )y #eason of the conveyance f#o( the &'ainti7 to the(- .hey have )een in &ossession of the t#acts so assi/ned to the( in &a#tition since the date the#eof* and a#e no, in such &ossession* and have #efused to #eco/ni9e in the &'ainti7 any #i/ht of usuf#uct the#ein .he &'ainti7 )#ou/ht )#ou/ht this action a/ainst a/ainst the defendants* defendants* as8in/ as8in/ that it )e dec'a#ed dec'a#ed that she had no #i/ht if usuf#uct in a thi#d a t,enty16ve &a#ce's of 'and2 and that she had the #i/ht to the ad(inist#ations ad(inist#ations of 'and* and that the a&&e''ees &ay he# the #ents ,hich they had #eceived du#in/ the ti(e of he# dis&ossessiondis&ossession .he R.C R.C conc'udes: conc'udes: ; .hat a'' the 'ands 'ands desc#i)ed desc#i)ed in the co(&'aint co(&'aint )e de'ive#ed de'ive#ed to Juana Pichay Pichay fo# ad(inist#ation2 ad(inist#ation2 $; that that Juana Pichay Pichay has a #i/ht #i/ht of usuf#uct usuf#uct in a thi#d &a#ty of the said 'ands unti' he# death2 "; that the &a#tition of the said 'ands* (ade )y the co1 o,ne#s of Juana Pichay cannot a7ect the 'atte#2 <; Eu'a'io Que#o' is he#e)y di#ected to de'ive# to Juana Pichay t,o c#o&s f#o( the thi#d &a#t of the 'ands in 3uestion* o# the e3uiva'ent the#eof* ta8in/ as a )asis the &#esent c#o& = that is* the c#o& to )e ha#vested ,ithin a sho#t ti(e* and %; Juana Pichay is sentence to inde(nify Eu'a'io Que#o' in the su( of P"++ on account of the &ast suit* ,ithout costsIssue: >hethe# o# not the &etitione# can va'id'y invo8e he# #i/ht of usuf#uctua#y as stated in the c'ause of thei# a/#ee(entRu'in/: Yes* Yes* the &etitione# &etitione# is entit'ed fo# usuf#uctua#y usuf#uctua#y #i/hts#i/hts- .he defendants defendants and a&&e''ants a&&e''ants c'ai( that this c'ause a)ove 3uoted /ave &'ainti7 no #i/ht of usuf#uct usuf#uct in the 'and* sayin/ that it a&&ea#s that she on'y as8ed fo# this #i/ht and it does not a&&ea# that the defendants /ave it to he#- .his contention cannot )e sustained- .he on'y #eason fo# inse#tin/ this c'ause in the cont#act ,as fo# the &u#&ose of secu#in/ to the &'ainti7 the #i/ht ,hich is the#ein set out- .he fo#( of the ,o#ds used is not su?cient to defeat this &u#&ose-
.he Cou#t #u'ed in the (anne# acco#din/ to the decision #ende#ed )y the 'o,e# cou#t as fo''o,s: - .he#e is nothin/ the#ein to sho, that the &'ainti7 had any ac3ui#ed #i/ht to the ad(inist#ation of the 'ands desc#i)ed in the co(&'aint$- It is &ossi)'e &#ovided that it is 'i(ited to the 'ands ,hich ,e#e assi/ned to the defendants in &a#tition"- Unde# A#tic'e <@+ of the Civi' Code* to ,it: 0.he usuf#uctua#y of &a#t of a thin/ he'd in co((on sha'' ee#cise a'' the #i/hts co##es&ondin/ to the o,ne# the#eof ,ith #e/a#d to the ad(inist#ation and co''ection of f#uits o# inte#ests- Bhou'd the co((unity cease )y #eason of the division of the thin/ &ossessed in co((on* the usuf#uct of the &a#t a,a#ded to the o,ne# of co1o,ne# sha'' a&&e#tain to the usuf#uctua#y-5 <- .he a/#eed state(ent of facts sho,s that* ,hi'e the defendants a#e in &ossession of the t#acts ,hich had )een assi/ned to the(* they #eceived the c#o&s fo# on'y t,o yea#s2 that the c#o& fo# the yea# @+ a(ounted to < uyones and " (ano4os* of the va'ue of P< fo# each uyon* and that the c#o& of @+D a(ounted to % uyones and < (ano4os* of the va'ue of P-$% fo# each uyon- .hese a#e the on'y a(ounts ,hich the &'ainti7 is entit'ed to #ecove#%- >hi'e it a&&ea#s that the &'ainti7 acce&ted to the 4ud/(ent* and stated that she desi#ed to &#esent a )i'' of ece&tions* yet she is in fact did not &#esent any- .he e##o#* the#efo#e* assi/ned )y he# ,ith #efe#ence to this 6fth &#o&osition cannot )e conside#ed .he#efo#e* the 4ud/(ent of the cou#t )e'o, is #eve#sed and the case #e(anded* ,ith di#ections to ente# a 4ud/(ent in favo# of the &'ainti7 to the e7ect that she is entit'ed to the #i/ht of usuf#uct in the 'ands assi/ned to the defendants )y the &a#tition-
