Margarita Quintos and Angel Ansaldo v Beck

GR No. L-46240, November 3, 1939

Facts: Beck was a tenant of the plaintiffs. In January 14, 1936, upon a novation of the contract of lease, plaintiff
gratuitously granted to Beck the use of the furniture subject to the condition that he would return them upon demand.
In September 14, 1936, plaintiff sold property to the Lopezs. Beck was notified and was given 60 days to vacate the
premises. Plaintiff required Beck to return all furniture. Beck wrote that he could not give up the 3 gas heaters and 4
electric lamps because he would use them until the 15 th of November when the lease was about to expire. Plaintiff refused
to get the furniture because Beck declined to deliver ALL of them.
November 15, Beck deposited with the Sheriff all furniture.
Plaintiff brought action to compel Beck to return furniture.
CFI ordered Beck to return her heaters and gas lamps. As for the other furniture, at plaintiffs own expense na. Di mo
kinuha eh. (Art. 1169)
Plaintiffs appealed, CFI incorrectly applied the law. Bakit kami magbabayad??? Beck dapat!
Issues: WoN Beck complied with his obligation t return the furniture upon plaintiffs demand NO
WoN plaintiff bound to bear the deposit fees and to the costs of litigation NO
Held: The contract entered into between the parties is one of commadatum. Plaintiff gratuitously granted the use of the
furniture to Beck, reserving for herself the ownership thereof by this contract Beck bound himself to return the furniture to
the plaintiff, upon the latters demand. The obligation voluntarily assumed by Beck to return the furniture upon the
plaintiff's demand, means that he should return all of them to the plaintiff at the latter's residence or house. The defendant
did not comply with this obligation when he merely placed them at the disposal of the plaintiff, retaining for his benefit the
three gas heaters and the four electric lamps.
CFI erred in applying Art. 1169 in concluding plaintiff failed to comply with her obligation to get furniture when they were
offered to her.
Costs to be borne by Beck because he was the one who breached the contract of commodatum and without reason
refused to return and deliver ALL furniture upon demand.
Judgment modified. Beck to return and deliver to plaintiff all furniture at his own expense