GABOYA v. CUI

FACTS

• D. Mariano Cui sells his land to his children and

retains for himself 1/3.

• It was sold to 3 children but the 3rd child can not

pay and so, he keeps the 1/3 portion.

• The sale is premised on the condition that he

keeps the riht to usufruct !collect rent" on theentire land !i.e., 3/3".

• Children obtain consent of D. Mariano to

mortae 3/3, to ac#uire a loan in order thatcommercial buildin be built on that entire area.

• D. Mariano arees but still reser$es his riht

%pro$ided that the rents of the said land shall notbe impaired and always be recei$ed by me.&

• The portion of the buildin on D. Mariano's

share of the land was occupied by Chinese

businessman who pays D. Mariano ()**.**

• !unimportant+ case brouht forward lookin for

a uardian to the estate and askin for delarationthat D. Mariano's incompetent, well he's notassailin the sale to the children by their othersiblins, because it's con-ual, well it's not so

sale is $alid."

• aboya is the administrator of Don Mariano's

estate, who dies after this is filed. e says thatthe usufructuary right of D. Mariano extens

to inc!ue the co""ercia! #ui!ing$ %hichrenta!s %ere &e't #y the chi!ren$ an so thisentit!es the" to recision.

ISSU( ) i the reservation of usufructuary rightentit!e D. Mariano to the #ui!ing renta!s*

+O,DI-G ) -O.

• The rentals recei$ed were limited to the land

alone. %pro$ided that the rents of the said land

shall not be impaired and always be recei$ed byme.&

• The arument of petitioner, 0rt 21

!usufructuary shall ha$e the riht to en-oy enyincrease which the thin in usufruct may en-oythrouh accession", fails because under the

articles on industrial accession by edification onthe principal land, such accession is !i"ite to

the !an of another %ith the "ateria!s ofso"eone e!se.

• The children own the land and the materials, so

necessarily, they own the buildin.

• !that the area of the usufruct was reduced

because of buildin construction is has beenaddressed by court below where it orderd thechildren in earlier case to pay D. Mariano

monthly rent for the rental of their buildin onhis land"

• 0lso, as aainst the theory of appellants !1"

amount in$ested in the buildin represents

addional capital od land owners and wasn'tforseen when usufruct was created !4" if theproceeds were to o to his usufructuary, it wouldbecause self5defeatin because it would burden

e6clusi$ely the owner of the land !children" forrepairs, amortisation, etc. and this contradictspublic policy and eneral interest.

,ess I"'ortant Issue an +o!ing is this a grounfro rescining contract*  !7bliCon" 8o, because thepremise of the contract was payment of the rent accruinfrom the principal land use. The only breach here is in

effect the non5payment of the land rental on the builinsituated on D. Mariano's share and it bein that therewasn't any stipulation as reards the $alue before thedecision now on appeal !this case", and that there has

been no pre$ious demand, then there is no mora or delayon their part. 0 breach must be so substantial and

fundamental as to defeat the ob-ect of the parties inmakin the areement !9on :o $. awaiian".

D;CI9I78 0::I<M;D.

,IUA-AG /. YU0SO-1UIA-

FACTS

• =u Chiocco enters into lease with landowner and

puts up buildins. =u Chinco wasn't mentionedin any of the papers.

• 0dministratri6 of =u Chinco brins action

allein that =u5Chiocco !who also subse#uentlydies"'s property beloned to estate of =uChinco, since the materials the Chiocco used

beloned to the Chinco, e$en if Chioccolaboured in puttin the buildins up toether.

• thus the former was declared by the court below

as entitled to >

ISSU( ) 2e!! oes #ui!ing #e!ong to Chingco3s(state*

+(,D ) -O.

• If such material was used therein, it doesn't

follow that the owner of any part of thebuildins.

• 9panish Ci$il Code 3)* owner of the soil who

shall make thereon, in person or throuh another, plantins 666 with material belonin to

another person, is oblied to pay their $alue666&

 

• This article is applicable to a leasehold. The

most she can do is claim material's $alue.

<;?;<9;D.