Dona Rosario Fabie was the owner of a parcel of land with a building constructed thereon. Upon her death, she bequeathed the naked ownership to Rosario Grey while the usufruct to Josefa. Thereafter, a fire broke out and the building constructed on the land was destroyed. Then a Chinaman offered to lease the property and Josefa nows demand a share in the rentals given by the lessor.
HELD:
A life usufruct constituted on the rentals of the building located on a certain place includes the rentals on both the building and on the land on which it is erected, because the building cannot exist without the land. Hence, the usufruct isn’t extinguished by the destruction of the building, for under the law, usufruct is extinguished only by the total loss of the thing subject of the encumbrance.
