COM MUT DEP GUA SUR MOR ANT PLE CHA

Consider On the part of the As to debtor, If enormous, The same The same The same The same The same
ation bailor, a sense of the debt. As to may be consideration consideration consideration consideration consideration
gratuity is enough creditor, the storage fee or supporting the supporting the supporting the supporting the supporting the
consideration. return of the premium principal principal principal principal principal
same thing, contact. contract contract. contract. contract.
kind, quality
and quantity +
interest.
Delivery The bailor delivers Delivery N/A N/A NO need for Debtor must Delivery is No need for
the thing to the transfers mortgagor to deliver the required for delivery.
bailee. ownership. deliver res to property to perfection. Debtor retains
mortgagee creditor so he possession of
Delivery of can exercise Manual or the res in
check does rights over the constructive chattel
NOT perfect. fruits. delivery mortgage.
Only upon depends on
encashment. nature or
location of the
thing.
Essence Essentially gratuitous Gratuitous Generally, Generally, Generally, A unilateral Bilateral The recording
gratuitous gratuitous but gratuitous but obligation obligation: itself in the
Onerous if UNLESS by may be in may be in debtor lets book of chattel
bearing %= agreement or exchange for exchange for creditor mortgages is
monetary or business of premiums, etc. premiums, etc. possess; the mortgage
compensatory storing goods creditor itself.
applies
Extingui Death extinguishes Payment or Extinguished Ordinary Ordinary Ordinary Ordinary Ordinary
shment because purely performance, by return of modes of modes of modes of modes of modes of
personal in character condonation, the thing to the extinguishmen extinguishmen extinguishmen extinguishmen extinguishmen
remission, bailor. Merger, t t t t t
merger, etc. etc.

If judicial, by
order of the
court, by sale
in execution,
by end of the
proceedings,
etc.
 COM MUT DEP GUA SUR MOR ANT PLE CHA
Extra Cash advances Bailee in dep The principal The principal Mortgage+deli Compared The law of
Rules are mutuum. estopped from obligation obligation very to credit with chattel pledge
Hence, no questioning secured must secured must does NOT mortagage, supplies the
estafa. ownership of be valid. Void be valid. Void make it recording is deficiency in
bailor. contract contract antichresis. not required. the law on
Money market cannot be cannot be chattel
= mutuum guaranteed. secured by Stipulation To affect third mortgage.
suretyship. that fruits of persons, must
BSP cir. 799 If the principal the immovable be described in Negative
series of July obligation If the principal shall pertain to PUBLIC chattel
1, 2013 becomes more obligation creditor as INSTRUMEN mortgage = no
enerous or becomes more payment of T and chattel
36% per extension is enerous or interest does DATED. mortgage
annum granted the extension is NOT make it
recently debtor, the granted the antichresis but
considered guarantor is debtor, the creditor
unconscionabl released to the surety is becomes liable
e extent of such released to the as if under
additional extent of such antichresis.
Deposit in burden. additional
banks = mut burden.
If natural
Safety-deposit obligation If natural
box = NOT becomes obligation
mutuum but covered by becomes
deposit guaranty, it covered by
becomes a suretyship, it
civil becomes a
obligation is civil
so far are the obligation is
creditor and so far are the
the guarantor creditor and
are concerned. the surety are
concerned.
 COM MUT DEP GUA SUR MOR ANT PLE CHA
Formalit May be in oral or No formality No formality. No formality No formality No formality No formality No formality MUST be
y written form for validity. for validity. for validity. as to validity for validity. for validity or recorded in the
If judicial, or However, enforceability. books of
However, order of the Must be in Must be in enforceability. amount of chattel
monetary % court must be writing for writing for However, to principal and mortgage.
must be in written enforceability enforceability affect third % should be Hence, public
writing. under the under the persons, must specified in instrument.
Otherwise, Statute of Statute of be registered. writing;
unenforceable. Frauds. Frauds. otherwise,
If so, may be Even without VOID.
natural Only promise Only promise registration,
obligation or to secure to secure valid between If the contract
solution obligation obligation contracting is in writing,
indebiti. need be in need be in parties. specification
writing. writing. of principal
If natural Acceptance Acceptance and % must be
obligation, need NOT be. need NOT be. in either the
free from contract of
coercion or If guarantor If surety pays loan or the
mistake. pays and and decides to contract of
decides to condone antichresis
Compensatory condone debtor, itself.
% need NOT debtor, DONATION.
be in writing. DONATION. Must be in
Must be in writing if
writing if exceeding
exceeding 5000 pesos.
5000 pesos.

Lien Generally, lien N/A N/A N/A N/A N/A

exists: inn-
keeper’s lien
Obligatio If with obligation to No obligation Bailee N/A N/A General General General
n to maintain, NOT to maintain generally has obligation to obligation to obligation to
maintain gratuitous. Hence, since obligation to maintain maintain maintain
not com. However, ownership is preserve under
 1163 provides legal passed. obligation law
obligation to
preserve.
COM MUT DEP GUA SUR MOR ANT PLE CHA
Obligatio Return the same thing Return same Bailor may Debtor has Debtor has Creditor has Creditor has to Debtor has
n to borrowed kind, quality demand return obligation to obligation to obligation to return when obligation to
return and quantity. of the thing at pay or perform or return the res the principal surrender the
If merely tolerated, any time. perform. pay. when the obligation is thing for
precarium If same thing principal satisfied or purposes of
to be returned, If judicial, Guarantor has Surety has obligation is extinguished. foreclosure in
NOT mut but bailee shall obligation to obligation to satisfied or order to satisfy
com hold the thing pay if benefit pay or perform extinguished. unpaid debt.
until court of excussion whenever
orders can no longer debtor doesn’t
be used. or credit
demands him
to do so.
Ownersh Ownership does not Ownership is Ownership N/A N/A Ownership of Ownership of Ownership is
ip pass. Bailor retains. transferred. NOT the res is the res is retained by the
transferred retained by the retained by the debtor.
Bailor need NOT be If ownership debtor. debtor.
owner as long as he NOT
has possessory rights transferred,
against owner. NOT mut but
com.
Perfectio Real contract. Real contract. Real contract. Consensual. Consensual. Consesual. Consensual. Real contract. By recording a
n However, accepted However, BUT, if However, for However, for However, to However, Delivery is public
promise to delivery accepted judicial, by enforceability, enforceability, affect third there is required for instrument in
res by way of com is promise to order of the must be in must be in persons, must requirement of perfection. the books of
binding. Cannot sue delivery res by court. writing. writing. be registered. delivery so chattel
for specific way of mut is that creditor mortgage.
performance for binding. can exercise Otherwise,
delivery, though, rights over the VOID.
because purely fruits and
personal in nature perform
obligation to
apply.
Purpose Hiram and USE of Use of the Safekeeping of To secure To secure To secure To secure To secure To secure
realty or personalty personal res the thing another another one’s own one’s own one’s own one’s own
whose use can be but use NOT person’s person’s obligation or obligation or obligation or obligation or
 repeated repeatable obligation obligation another another another another
because person’s. person’s. person’s person’s
If no purpose given, consumable To insure the To insure the
precarium solvency of debt or
the debtor obligation
If main purpose is the
enjoyment of fruits, Collateral Collateral
NOT com but usu undertaking. undertaking.
Does NOT Does NOT
answer for answer for
own own
obligation. obligation.
COM MUT DEP GUA SUR MOR ANT PLE CHA
Remedy Bailee may sue for Bailor may Bailor may Benefit of No benefit of Collection of Deficiency Collection of Collection of
damages. sue for sue for excussion excussion sum of money may be sum of money. sum of money.
collection, replevin, when OR (not and) recovered.
Bailor may sue for performance, damages demanded to Creditor may foreclosure. Since Extrajudicial Extrajudicial
replevin or ejectment. annulment, pay by reason sue surety foreclosure foreclosure foreclosure
etc. If judicial, real of judgment only. Foreclosure must be through through
owner may may be judicial, by notarial sale notarial sale.
Bailee may sue for Creditor may Surety may extrajudicial motion in the
sue for terceria, sue both seek or judicial. case pending. If there is
damages, injunction, guarantor and reimbursement deficiency,
lowering of motion debtor from debtor. Generally, Collection of creditor can
interest, etc. together but foreclosure sum of money recover.
Bailor may recourse Joint co- must be may be However,
Damages in sue for against sureties have JUDICIAL resorted to by under Recto
case of collection if guarantor right of unless SPA the creditor. Law if the
accepted not paid limited by reimbursement given to same res
promise to benefit of from one mortgagee to Judicial purchased is
loan. excussion. another. do foreclosure is used as chattel
extrajudicial required. security,
Delay in Guarantor may Solidary co- foreclosure. Because of payable on
performance is move to defer surety must be this, there is installment,
reason to execution whole In case of no right of deficiency
demand against him if obligation to deficiency, redemption, CANNOT be
compensatory made to pay, the creditor. creditor may only equity of recovered.
%. based on recover. If redemption
benefit of Debtor cannot extrajudicial which is 90- No right of
excussion. sue surety as a foreclosure, an 120 days from redemption
 general rule. independent entry of
If creditor fails Only credit action to judgment.
to go after can sue surety collect
property because the deficiency. If If creditor is a
pointed to by contract is judicial, mere bank, there is
the guarantor, between them. motion. always right of
the latter is redemption,
released to the If mortgagee whether
extent of the is a bank, judicial or
value of said there’s extrajudicial.
property. ALWAYS If debtor is a
right of natural person,
Benefit of redemption, 1 year from
excussion may judicial or registration of
be waived. extrajudicial. sale. If debtor
Even so, (GBL) If is an artificial
benefit of mortgagee is person, 3
reimbursement bank but months from
remains. mortgagor is sale or until
natural person, registration,
Benefit of 1 year to whichever
division when redeem from comes first.
there are co- registration. If
guarantors. artificial
person, within
Solidary co- 3 months or
guarantor until
should pay registration,
whole amount whichever is
to creditor. earlier.

Guarantor Act 3135

generally applies if
cannot be sued mortgagee
by debtor. The NOT a bank.
contract being If
between the extrajudicial, 1
former and the year whether
creditor. or not
mortgagor is a
 natural person.
If
extrajudicial,
no right but
only equity of
redemption,
which means
that mortgagor
allowed to pay
debt within
90-120 days
from entry of
judgment OR
even after
foreclosure
sale but before
judicial
confirmation
of sale.

COM MUT DEP GUA SUR MOR ANT PLE CHA

Right of Generally, NO right No, since N/A Creditor Creditor
retention of retention UNLESS ownership is cannot retain cannot retain
bailee suffers injury passed. the res if the the res if the
due to the nature of debt is already debt is already
the thing. Awareness paid. When paid. When
and information of debt is paid, debt is paid,
defect are res is released. res is released.
determinative.
Right to Right to use res in Absolute right N/A Creditor has Creditor has Debtor usually
use com cannot be to use or the right of NO right to possesses the
delegated UNLESS dispose. possession and use the res thing with the
members of the use of the UNLESS there right to use the
household UNLESS fruits. He can is stipulation same.
express stipulation or use the and UNLESS
nature of the thing property to the required by the
extent that nature of the
fruits would thing.
be produced
thereby.
Subject Real or personal Money or any If Promise of the Promise of the Real property Real property Personal Personal
matter property consumable extrajudicial, guarantor, a surety, a property property
property personal AND personal personal
If personal, must be corporeal security security
non-consumable
UNLESS for If judicial,
exhibition (ad person or real
ostentacionem). If AND
consumable, mut. corporeal and
incorporeal
COM MUT DEP GUA SUR MOR ANT PLE CHA
Time If no time given, Time for Time of Guaranty may Surety may Real estate May secure May secure CANNOT
precarium payment may deposit is not cover debts cover debts mortgage may future debts. future debts. secure future
be stipulated for the benefit within a within a secure future Continuing Continuing debts because
If returnable at will, by the parties. of the bailee specified specified debts. antichresis. pledge. of the
precarium If no time, but for the period. period. Continuing requirement of
courts may set bailor. mortgage. affidavit of
based on Continuing Continuing good faith.
circumstances. guaranty surety covers
covers all all future
If promise to future debts. debts.
pay whenever
able, with a
period.
Transitio If with consideration If NOT A guarantor who If surety If mortgage If creditor has If recorded in If there is NO
n to in money, lease safekeeping, binds himself benefits from includes right no obligation to books of recording +
solidarily with the the object of the apply fruits,
another may be com, debtor is a surety. of mortgagee chattel delivery of the
contract If with consideration mut, etc. principal to receive may be mortgage, res = pledge
obligation and mortgage.
NOT in money, If debtor transfers fruits with chattel
the debt to the is obliged as co-
innominate contract delivery and mortgage If there is
guarantor with the debtor, there is If creditor only
with recording +
consent of the no suretyship. has obligation
obligation to If creditor has delivery to the
creditor to receive fruits
(novation), apply, it is right over creditor = still
If part of the as principal, still
guaranty ends chattel
debt pertains to antichresis. mortgage but fruits of
because one mortgage
him, he is NOT creditor has movable and
cannot be a a surety. He is obligations of
guarantor of one’s obligation to Negative chattel
self.
not entitled to an antichresis apply, mortgage +
full creditor. innominate delivery =
reimbursement. contract pledge