Tufexis v. Olaguera 32 Phil. 654 Facts: During the Spanish regime, Pardo CabaÑas was allowed by the Spanish government to have the usufruct of the public marketfor 40 years. Pardo CabaÑas died, and the usufruct was inherited by Ricardo Pujol, his son. When Ricardo Pujol, became indebted, his properties were sold in an auction sale, and the usufruct was bought by Vergo Tufexis. the a fire destroyed the market. The Council granted b the right to reconstruct the building and continue the usufruct. Vergo Tufexis complained on the ground that he bought at the auction sale Ricardo Pujol’s usufruct. Issue: Whether or not Vergo Tufexis can be given the usufruct and administration of the market. Ruling: Vergo Tufexis cannot be given the right because the right is public character and could not be bought at an auction sale. What he should have done before the building was burned was to attach the income already received by Ricardo Pujol. For Vergo Tufexis now to take Ricardo Pujol’s place is contrary to law, for this would be allowing a stranger who had not been selected by the government, to take over a public function. On the hand, the transfer of A to B is personal, and is transferrable only by inheritance. C not being an heir, cannot therefore exercise the right.
Tufexis v. Olaguera32 Phil. 654Facts:During the Spanish regime,
Pardo Cabaas was allowed by the
Spanishgovernmenttohavetheusufructof thepublicmarketfor40years.
PardoCabaas died, and the usufruct was inherited by icardo Pu!ol,
his son. "henicardo Pu!ol,became indebted, his properties were sold
in an auction sale,andtheusufruct wasbought by#ergo$ufe%is.
thea&redestroyedthemarket. $heCouncil grantedbtheright
toreconstruct thebuildingandcontinuetheusufruct. #ergo$ufe%is
complainedonthegroundthat hebought at the auction sale icardo
Pu!ol's usufruct.Issue: "hether or not #ergo $ufe%is can be given
the usufruct andadministration of the
market.Ruling:#ergo$ufe%iscannot begiventheright becausetheright
ispubliccharacter and could not be bought at an auction sale. "hat
he should havedonebeforethebuildingwas burnedwas
toattachtheincomealreadyreceived by icardo Pu!ol. (or #ergo $ufe%is
now to take icardo Pu!ol's placeis contrary to law, for this would
be allowing a stranger who had not beenselected by the government,
to take over a public function. )n the hand, thetransfer of * to +
is personal, and is transferrable only by inheritance. C notbeing
an heir, cannot therefore e%ercise the right.
