REPUBLIC OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE V. BAGTAS, defendant, FELICIDAD M.

BAGTAS, Administratrix of the Intestate Estate left by the late Jose V. Bagtas, petitionerappellant. G.R. No. L-17474 October 25, 1962 Padilla, J. Facts: Jose Bagtas borrowed three bulls from the Republic of the Philippines through the Bureau of Animal Industry for breeding purposes subject to a government charge of breeding fee of 10% of the book value of the bulls. After his request of renewal for another period of one year was rejected, he reiterated his desire to buy them at a value with a deduction of yearly depreciationto be approved by the Auditor General. He failed to pay the book value of the three bulls or to return them. CFI Manila commenced an action against him saying that he be ordered to return the three bulls loaned to him or to pay their book value and the unpaid breeding fee, with interests and costs. The lower court sentenced the defendant to pay the sum of money mentioned. The plaintiff moved ex-parte for a writ of execution which the court granted. Issue: WON the contract was a contract of commodatum or lease WON the appellant was free from liability because of force majeure Held: It was a contract of lease. The appellant was not free from liability in this case.