thing deposited, the contract loses the concept of a deposit and becomes a loan or commodatum, except where safekeeping is still the principal purpose of the contract. The permission shall not be presumed, and its existence must be proved. EFFECT IF PERMISSION TO USE IS GIVEN.
Thing deposited, non-consumable
- If the thing deposited is non-consumable and the depositary has permission to use the thing, the contract loses the character of a deposit and acquires that of a commodatum, unless safekeeping is still the principal purpose of the contract. EFFECT IF PERMISSION TO USE IS GIVEN. Thing deposited, money or other consumable thing. -If the thing deposited is money or other consumable thing, the permission to use it will result in its consumption and converts the contract into a simple loan or mutuum. But if safekeeping is still the principal purpose of the contract, it is still a deposit but an irregular one. EXAMPLE:
D, who was transferring residence, deposited
his laptop with C while he was moving his things to his new location. He told C that he would get the laptop after one week. In the meantime, D told C that he may use the laptop if he had need for it. ANSWER:
Since the purpose of the delivery of the laptop
with C is for safekeeping and its use by C is only incidental, the contract remains to be one of deposit. However, if the thing was delivered by D to C so that the latter may use it, then the contract is one of commodatum not of deposit. ARTICLE 1979 The depositary is liable for the loss of the thing through a fortuitous event: (1) If it is so stipulated; (2) If he uses the thing without the depositors permission (3) If he delays its return; (4) If he allows others to use it, even though he himself, may have been authorized to use the same. ARTICLE 1980
Fixed, savings, and current deposits of money
in banks and similar institutions shall be governed by the provisions concerning simple loan. RELATION BETWEEN BANK AND DEPOSITOR
(1) Contract of loan- Deposits of money in banks
whether fixed, savings and current are really loans to a bank because the bank can use the same for its ordinary transactions and for banking business in which it is engaged. (2) Relation of debtor and creditor- Accordingly, the relation between a depositor and a bank is that of a creditor and a debtor. Note: In a true deposit, compensation is not allowed. EXAMPLE: A owes B P10,000. B, in turn, owes A the amount of P10,000 representing the value of a ring deposited by A with B which B failed to return. -In this case B, who is the depositary, cannot claim legal compensation even if A fails to pay his obligation. The remedy of B is to file an action against A for the recovery of the amount P10,000. The relation of the depositary to the depositors is fiduciary in character since it based on trust and confidence. Bs claim for compensation against A would involve a breach of that confidence. ARTICLE 1981
When the thing deposited is delivered closed
and sealed, the depositary must return it in the same condition, and he shall be liable for damages should the seal or lock be broken through his fault. Fault on the part of the depositary is presumed, unless there is proof to the contrary. ARTICLE 1981 As regards the value of the thing deposited, the statement of the depositor shall be accepted, when the forcible opening is imputable to the depositary, should there be no proof to the contrary. However, the courts may pass upon the credibility of the depositor with respect to the value claimed by him. When the seal or lock is broken, with or without the depositarys fault, he shall keep the secret of the deposit. OBLIGATIONS OF DEPOSITARY WHERE THING DEPOSITED DELIVERED CLOSED AND SEALED.
Return the thing deposited when delivered
closed and sealed, in the same condition. Pay for damages should seal or lock be broken through his fault which is presumed unless proved otherwise. Keep the secret of the deposit when the seal or lock is broken with or without his fault. ARTICLE 1982
When it becomes necessary to open a locked
box or receptacle, the depositary is presumed authorized to do so, if the key has been delivered to him; or when the instructions of the depositor as regards the deposit cannot be executed without opening the box or receptacle. EXAMPLE:
D deposited a locked jewelry box with C. D gave
C a special power of attorney to constitute a chattel mortgage on the jewelry inside the box to secure a loan which D was negotiating with B bank. B Banks appraiser wanted to see the jewelry to determine the amount loanable to D. Is C authorized to open the locked jewelry box? ANSWER:
Yes, since the act to be performed by C, the
constitution of chattel mortgage on the jewelry, can only be executed by opening the jewelry box. ARTICLE 1983
The thing deposited shall be returned with all
its products, accessories and accessions. Should the deposit consist of money, the provisions related to agents in article 1896 shall be applied to the depositary. ARTICLE 1984
The depositary cannot demand that the
depositor prove his ownership of the thing deposited. Nevertheless, should he discover that the thing has been stolen and who its true owner is he must advise the latter of the deposit. ARTICLE 1984 If the owner, in spite of such information, does not claim it within the period of one month the depositary shall be relieved of all responsibility by returning the thing deposited to the depositor. If the depositary has reasonable grounds to believe that the thing has not been lawfully acquired by the depositor, the former may return the same. ARTICLE 1985
When there are two or more depositors, if they are
not solidary, and the thing admits of division, each one cannot demand more than his share. When there is solidarity or the thing does not admit of division, the provisions of article 1212 and 1214 shall govern. However, if there is a stipulation that the thing should be returned to one of the depositors, the depositary shall return it, only to the person designated. RIGHT OF TWO OR MORE DEPOSITORS TO DEMAND RETURN OF THEIR RESPECTIVE SHARES
Thing deposited divisible and depositors not
solidary. Obligation solidary or thing deposited not divisible. Return to one of depositors stipulated. EXAMPLE:
If A and B deposit 500 and 200 sacks of rice,
respectively, A can demand only 500 sacks. If A and B deposited a car, the depositary can return to either, in the absence of a contrary stipulation. (See Arts. 1212 and 1214, Civil Code).