G.R. 142291https://lawphil.net/judjuris/juri2003/apr2003/gr_142591_2003.html Lesson: If the facts are bereft of any record of the existence of a contract of deposit, oral or written, there is no obligation for the depositary to return the…
YHT Realty vs. CA Digest
Topic: Necessary deposits Facts McLoughlin, an Australian businessman, stayed in Tropicana hotel from 1984 to 1987. He rented a safety deposit box which could be opened by the use of 2 keys:…
Bailee
a bailee is a person who receives a non-consumable thing for the purpose of using it for a certain period of time and with the obligation of returning it. If there are…
Quintos vs. Beck Digest
Lessons: (1) The non-complying party is chiefly responsible to shoulder the expenses of returning the borrowed item; (2) A bailee must return all the things he loaned to the bailor, and not…
Commodatum
Commodatum is when one party (bailor) delivers a thing to another (bailee) so that the latter may use the same for a certain time and return the same. (Article 1933 New Civil…
Bailor
is the person who delivers a non-consumable thing for the use of a bailee in a certain period of time without compensation for its use. (Art. 1935 of New Civil Code) The…
Precarium
Precarium is a specie of commodatum where the bailor can demand the return of the thing at will. This is a contractual relationship. (Art. 1947) The original word for precarium is precarious…
Severino and Vergara vs. Severino Digest
56 Phil 185 Facts A litigation ensued between Fabiola (creditor) and Guillermo in relation to inheritance. To end the litigation, Guillermo (debtor) undertook to pay the property of his father in installments…
Res Judicata
is a rule that a final judgment on the merits by a court of competent jurisdiction is conclusive of the rights of the parties or their privies in all subsequent suits on…
Casupanan vs. Laroya Digest
Lesson: The accused can file a separate civil action for quasi-delict – Rule 111 Sec. 1 Par. 6 Facts Lesson: The accused can file a separate civil action for quasi-delict – Rule…