Property Case Digest | Josefa Fabia v. David
Josefa Fabia v. David
G.R. No. L-123, December 12, 1945
Facts:
Fabia is the usufructuary under a will of the income of the building. David is the naked owner over said property. In a judgment rendered in a separate case, Fabia, as usufructuary, has the power to collect rents, pay at her own cost and expense the real taxes, special assessments, insurance premiums, necessary repairs, and such other acts of administratorship. An action was instituted in the municipal courts to eject a ternant for his failure to pay rents, and second, because the usufructuary needs the premises to live in because her house was destroyed. The tenant alleged in his defense that Fabia has no right to eject him from the premises because he has a contract of lease with the naked owner, David, and that Fabia has no authoruty at all with respect to leasing the property but only of collecting the rents. David intervened in the defense of the tenant.
Issue:
Who has the right to choose the tenant, the naked owner or the usufructuary?
Held:
The usufructuary has the right to administer the property in question. All the acts of administration, to collect the rents for herself, and to conserve the property by making all necessary repairs and paying all the taxes, special assessments, and insurance premiums thereon, were by said judgment vested in the usufructuary. The pretension of respondent David that he is the administrator of the property with the right to choose the tenants and to dictate the conditions of the lease is contrary to both the letter and the spirit of the clause of the will, stipulation of the parties, and the judgment of the court. He cannot manage or administer the property after all the acts or administration have been vested by the court, with his consent, in the usufructuary.
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