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Art. 1935. (3) If the thing loaned has been delivered with
The bailee in commodatum appraisal of its value,
acquires the used of the thing loaned unless there is a stipulation exempting the
but not its fruits; bailee
from responsibility in case of a fortuitous
if any compensation is to be paid by him who event;
acquires the use,
(4) If he lends or leases the thing to a third person,
the contract ceases to be a commodatum.
who is not a member of his household;
Art. 1936.
(5) If, being able to save either the thing borrowed or
Consumable goods may be the subject of
his own thing,
commodatum
he chose to save the latter.
if the purpose of the contract is not the
consumption of the object,
as when it is merely for exhibition. Art. 1943.
The bailee does not answer
Art. 1937.
for the deterioration of the thing loaned
Movable or immovable property may be the object of
due only to the use thereof
commodatum.
and without his fault.
Art. 1944. except when they are so urgent
The bailee cannot retain the thing loaned that the reply to the notification cannot be
on the ground that the bailor owes him awaited without danger.
something,
even though it may be by reason of expenses. If the extraordinary expenses arise
on the occasion of the actual use of the thing
However, the bailee has a right of retention by the bailee,
for damages mentioned in Article 1951. even though he acted without fault,
they shall be borne equally
by both the bailor and the bailee,
unless there is a stipulation to the contrary.
Art. 1950.
Art. 1945. If, for the purpose of making use of the thing,
When there are two or more bailees
the bailee incurs expenses other than those
to whom a thing is loaned in the same
referred to in Articles 1941 and 1949,
contract,
he is not entitled to reimbursement.
they are liable solidarily.
Art. 1951.
Obligations of the Bailor The bailor who, knowing the flaws of the thing loaned,
does not advise the bailee of the same,
Art. 1946.
The bailor cannot demand the return of the thing shall be liable to the latter for the damages
loaned which he may suffer by reason thereof.
till after the expiration of the period stipulated,
Art. 1952.
or after the accomplishment of the use
The bailor cannot exempt himself from the payment of
for which the commodatum has been
expenses or damages
constituted.
by abandoning the thing to the bailee. (n)
If deposit with a third person is allowed, The permission shall not be presumed, and its
the depositary is liable for the loss existence must be proved.
if he deposited the thing with a person who is
manifestly careless or unfit. Art. 1979.
The depositary is liable for the loss of the thing through
a fortuitous event:
The depositary is responsible for the negligence of his (1) If it is so stipulated;
employees. (2) If he uses the thing without the depositor's
permission;
Art. 1974. (3) If he delays its return;
The depositary may change the way of the deposit (4) If he allows others to use it,
if under the circumstances even though he himself may have been
he may reasonably presume that the authorized to use the same.
depositor would consent to the change
if he knew of the facts of the situation. Art. 1980.
Fixed, savings, and current deposits of money in banks
and similar institutions
However, before the depositary may make
such change, shall be governed by the provisions concerning
simple loan.
he shall notify the depositor thereof
and wait for his decision,
Art. 1981.
o unless delay would cause danger When the thing deposited
is delivered closed and sealed,
Art. 1975.
the depositary must return it in the same
The depositary holding
condition,
certificates, bonds, securities or instruments
and he shall be liable for damages
which earn interest
should the seal or lock be broken through his
shall be bound to collect the latter when it
fault.
becomes due,
and to take such steps as may be necessary Fault on the part of the depositary is presumed,
in order that the securities may preserve their unless there is proof to the contrary.
value
and the rights corresponding to them according As regards the value of the thing deposited,
to law. the statement of the depositor shall be
accepted,
The above provision when the forcible opening is imputable to the
shall not apply to contracts depositary,
for the rent of safety deposit boxes. should there be no proof to the contrary.
Art. 1977.
The depositary cannot make use of the thing deposited
Art. 1982. Art. 1987.
When it becomes necessary to open a locked box or If at the time the deposit was made
receptacle, a place was designated for the return of the
the depositary is presumed authorized to do so, thing,
if the key has been delivered to him; the depositary must take the thing deposited
or when the instructions of the depositor as to such place;
regards the deposit but the expenses for transportation shall be
cannot be executed without opening the box or borne by the depositor.
receptacle.
If no place has been designated for the return,
Art. 1983. it shall be made where the thing deposited
The thing deposited may be,
shall be returned with all its products, even if it should not be the same place where
accessories and accessions. the deposit was made,
provided that there was no malice on the part
Should the deposit consist of money, of the depositary.
the provisions relative to agents in article 1896
shall be applied to the depositary. (1770) Art. 1988.
The thing deposited
must be returned to the depositor upon
Art. 1984. demand,
The depositary even though a specified period of time for
cannot demand that the depositor such return
prove his ownership of the thing deposited. may have been fixed.
Nevertheless, should he discover This provision shall not apply when the thing is
that the thing has been stolen judicially attached
and who its true owner is, while in the depositary's possession,
he must advise the latter of the deposit. or
should he have been notified of the opposition
If the owner, in spite of such information, of a third person
does not claim it within the period of one to the return or the removal of the thing
month, deposited.
the depositary shall be relieved of all
responsibility In these cases, the depositary must
by returning the thing deposited to the immediately inform the depositor
depositor. of the attachment or opposition.
When there is solidarity or the thing does not admit of Art. 1990.
division, the provisions of Articles 1212 and 1214 shall If the depositary by force majeure or government
govern. order
loses the thing
However, if there is a stipulation that the thing should and receives money or another thing in its
be returned to one of the depositors, the depositary
place,
shall return it only to the person designated.
he shall deliver the sum or other thing to the
Art. 1986. depositor. (
If the depositor should lose his capacity to contract
Art. 1991.
after having made the deposit,
The depositor's heir
the thing cannot be returned except to the
who in good faith may have sold the thing
persons
which he did not know was deposited,
who may have the administration of his
shall only be bound to return the price he may
property and rights.
have received
or to assign his right of action against the
buyer
in case the price has not been paid him.
Art. 1992.
If the deposit is gratuitous,
the depositor is obliged to reimburse the Art. 1998.
The deposit of effects
depositary
made by the travellers in hotels or inns
for the expenses he may have incurred
shall also be regarded as necessary.
for the preservation of the thing deposited.
Art. 2006.
Movable as well as immovable property may be the Art. 2049.
object of sequestration. A married woman may guarantee an obligation
without the husband's consent,
Art. 2007. but shall not thereby bind the conjugal
The depositary of property or objects sequestrated partnership,
cannot be relieved of his responsibility except in cases provided by law.
until the controversy which gave rise thereto
has come to an end, unless the court so orders. Art. 2050.
If a guaranty is entered into without the knowledge or
Art. 2008. consent, or against the will of the principal debtor, the
The depositary of property sequestrated provisions of Articles 1236 and 1237 shall apply.
Art. 2052.
A guaranty cannot exist without a valid obligation.
Art. 2053.
A guaranty may also be given
as security for future debts, Art. 2058.
the amount of which is not yet known; The guarantor cannot be compelled to pay the creditor
unless the latter has exhausted all the property
there can be no claim against the guarantor of the debtor,
until the debt is liquidated. and has resorted to all the legal remedies
against the debtor.
A conditional obligation may also be secured.
Art. 2059.
Art. 2054. The excussion shall not take place:
A guarantor may bind himself for less,
but not for more than the principal debtor, (1) If the guarantor has expressly renounced it;
both as regards the amount
(2) If he has bound himself solidarily with the debtor;
and the onerous nature of the conditions.
(3) In case of insolvency of the debtor;
Should he have bound himself for more, (4) When he has absconded, or cannot be sued within
his obligations shall be reduced the Philippines unless he has left a manager or
to the limits of that of the debtor. representative;
Art. 2056.
Art. 2061.
One who is obliged to furnish a guarantor
The guarantor having fulfilled all the conditions
shall present a person required in the preceding article,
who possesses integrity, the creditor who is negligent in exhausting the
capacity to bind himself, property pointed out
and sufficient property to answer for the shall suffer the loss,
obligation which he guarantees. to the extent of said property,
for the insolvency of the debtor resulting from
The guarantor shall be subject to the such negligence.
jurisdiction of the court of the place
where this obligation is to be complied with. Art. 2062.
In every action by the creditor,
which must be against the principal debtor
Art. 2057. alone,
If the guarantor should be convicted in first instance except in the cases mentioned in Article 2059,
of a crime involving dishonesty
or should become insolvent, the former shall ask the court
to notify the guarantor of the action.
the creditor may demand another
who has all the qualifications required in the The guarantor may appear so that he may, if he so
preceding article. desire,
set up such defenses as are granted him by
The case is excepted where the creditor law.
has required and stipulated that a specified
person The benefit of excussion mentioned in Article
should be the guarantor. 2058 shall always be unimpaired,
even if judgment should be rendered against
Effects of Guaranty the principal debtor and the guarantor
Between the Guarantor and the Creditor in case of appearance by the latter.
Art. 2063. more than what he has really paid.
A compromise between the creditor and the principal
debtor Art. 2068.
benefits the guarantor If the guarantor should pay without notifying the
but does not prejudice him. debtor,
the latter may enforce against him all the
That which is entered into between the defenses
guarantor and the creditor which he could have set up against the creditor
benefits at the time the payment was made.
but does not prejudice the principal debtor.
Art. 2069.
Art. 2064. If the debt was for a period
The guarantor of a guarantor and the guarantor paid it before it became due,
shall enjoy the benefit of excussion, he cannot demand reimbursement of the
both with respect to the guarantor debtor
and to the principal debtor. o until the expiration of the period
o unless the payment has been ratified
Art. 2065. by the debtor.
Should there be several guarantors
of only one debtor Art. 2070.
and for the same debt, If the guarantor has paid without notifying the debtor,
the obligation to answer for the same is divided and the latter not being aware of the payment,
among all. repeats the payment,
The creditor cannot claim from the guarantors the former has no remedy whatever against
except the shares which they are respectively the debtor,
bound to pay, but only against the creditor.
unless solidarity has been expressly stipulated.
Nevertheless, in case of a gratuitous guaranty,
The benefit of division against the co-guarantors if the guarantor was prevented by a fortuitous
ceases event
in the same cases from advising the debtor of the payment,
and for the same reasons o and the creditor becomes insolvent,
as the benefit of excussion against the o the debtor shall reimburse the
principal debtor. guarantor for the amount paid.
(3) The expenses incurred by the guarantor after (5) After the lapse of ten years,
having notified the debtor that payment had been when the principal obligation has no fixed
demanded of him; period for its maturity,
unless it be of such nature that it cannot be
(4) Damages, if they are due. extinguished
except within a period longer than ten years;
Art. 2067.
The guarantor who pays (6) If there are reasonable grounds to fear that the
is subrogated by virtue thereof to all the rights principal debtor intends to abscond;
which the creditor had against the debtor.
(7) If the principal debtor is in imminent danger of
If the guarantor has compromised with the creditor, becoming insolvent.
he cannot demand of the debtor
In all these cases, the action of the guarantor is to Art. 2076.
obtain release from the guaranty, The obligation of the guarantor is extinguished
or to demand a security that shall protect him at the same time as that of the debtor,
from any proceedings by the creditor and for the same causes as all other
and from the danger of insolvency of the obligations.
debtor.
Art. 2077.
Art. 2072. If the creditor voluntarily accepts
If one, at the request of another, immovable or other property in payment of the
becomes a guarantor for the debt of a third debt,
person who is not present, even if he should afterwards lose the same
the guarantor who satisfies the debt through eviction,
may sue either the person so requesting the guarantor is released.
or the debtor for reimbursement.
Art. 2078.
Effects of Guaranty as Between Co-Guarantors A release made by the creditor in favor of one of the
guarantors,
Art. 2073. without the consent of the others,
When there are two or more guarantors benefits all
of the same debtor to the extent of the share of the guarantor
and for the same debt, to whom it has been granted.
If any of the guarantors should be insolvent, The mere failure on the part of the creditor to
his share shall be borne by the others, demand payment
including the payer, after the debt has become due
in the same proportion. does not of itself constitute any extention of
time referred to herein.
The provisions of this article shall not be applicable,
unless the payment has been made by virtue Art. 2080.
of a judicial demand The guarantors, even though they be solidary,
or unless the principal debtor is insolvent. are released from their obligation
whenever by some act of the creditor
they cannot be subrogated to the rights,
mortgages, and preference of the latter.
Art. 2074.
In the case of the preceding article, the co-guarantors Art. 2081.
may set up against the one who paid, The guarantor may set up against the creditor
the same defenses which would have pertained all the defenses which pertain to the principal
to the principal debtor against the creditor, debtor
and which are not purely personal to the and are inherent in the debt;
debtor. o but not those that are personal to the
debtor.
Art. 2075.
A sub-guarantor, in case of the insolvency of the
guarantor for whom he bound himself,
is responsible to the co-guarantors
in the same terms as the guarantor.
EXTINGUISHMENT OF GUARANTY