Short answer. Yes. Under Article 576 of the Civil Code, when a calamity or extraordinary event destroys trees in such a large number that replacing them would be impossible or too burdensome, the usufructuary may leave the dead, fallen, or uprooted trunks at the owner's disposal and demand that the owner remove them and clear the land.
What the law says
the usufructuary may leave the dead, fallen or uprooted trunks at the disposal of the owner, and demand that the latter remove them and clear the land.
Civil Code, Article 576 — Trees Lost to a Calamity. Read the full provision →
What this provision covers
Article 576 of the Civil Code creates a specific relief for usufructuaries — people who have the right to use and enjoy property belonging to another — when a calamity or extraordinary event destroys so many trees that replacing them would not be possible or would be too burdensome. The ordinary rule is that a usufructuary must maintain and preserve what was entrusted to him. But when nature causes massive, sudden destruction, the law recognizes that the obligation to replant at your own cost would be unfair.
What the usufructuary can do
In the qualifying circumstances, the usufructuary has two options that work together: first, leave the dead, fallen, or uprooted trunks at the disposal of the owner, and second, demand that the owner physically remove them and clear the land. This shifts the cleanup burden to the owner rather than the usufructuary. The usufructuary is not required to clear the debris, haul the timber, or restore the land to its former planted state at his own cost. He simply hands the problem to the owner.
The threshold: considerable number, not just a few trees
The relief under Article 576 only applies when trees or shrubs have disappeared in such a considerable number that it would not be possible or would be too burdensome to replace them. A storm that fells a handful of trees probably does not meet this threshold. A typhoon, landslide, fire, or flood that destroys the vast majority of the trees on the land is a different matter. Whether the threshold is met is a question of fact — the scale of the destruction relative to the whole planting, and whether replanting is realistically feasible.
Practical considerations for usufructuaries
If you believe the calamity damage qualifies under this rule, document the destruction thoroughly — photographs, estimates of how many trees were lost, assessments of the cost to replant. Communicate with the owner in writing and formally notify them that you are invoking your right to leave the trunks and demand clearance. Keep records of when the calamity occurred and what the condition of the land was before and after. The facts will determine whether Article 576 applies, and good documentation protects you if the owner later disputes your decision not to replant.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Spouses Crispin Aquino and Teresa V. Aquino, herein represented by their Attorney-in-fact, Amador D. Ledesma vs. Spouses Eusebio Aguilar and Josefina V. Aguilar, G.R. No. 182754, June 29, 2015 — read the decision on LawPhil →