Facts Serrano made a time deposit with Overseas Bank of Manila (OBM) including one that was assigned to him by another person without knowing that the Central Bank (CB) already has limited…
Chan vs. Maceda Digest
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: All You Need to Know
Commodatum is when one party (bailor) delivers a non-consumable thing to another (bailee) so that the latter may use it for a specific 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…
English