Text of the provision
Art. 577. The usufructuary of woodland may enjoy all the benefits which it may produce according to its nature. If the woodland is a copse or consists of timber for building, the usufructuary may do such ordinary cutting or felling as the owner was in the habit of doing, and in default of this, he may do so in accordance with the custom of the place, as to the manner, amount and season. In any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land. In nurseries, the usufructuary may make the necessary thinnings in order that the remaining trees may properly grow. With the exception of the provisions of the preceding paragraphs, the usufructuary cannot cut down trees unless it be to restore or improve some of the things in usufruct, and in such case shall first inform the owner of the necessity for the work.
(485)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The usufructuary of woodland takes all the benefits it produces according to its nature. For a copse or timber woodland, cutting is measured by what the owner habitually did, and failing that by the custom of the place as to manner, amount and season — and in every case the cutting must not prejudice the preservation of the land. Necessary thinning in nurseries is allowed. Outside these cases the usufructuary cannot cut down trees at all, except to restore or improve something in the usufruct, and must tell the owner first.
Related provisions
- Article 574 — Usufruct Over Things That Are Consumed by Use.
- Article 578 — Usufruct of a Right of Action.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.