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(2) CC 1935 states that the bailee in commodatum acquires the use of the thing loaned but
not its fruits. In this case, the additional P 12,000 corresponds to the fruits of the
lending of the P 200,000.
(3) Atienza, the Branch Manager of Producers Bank, allowed the withdrawals on the
account of Strela despite the rule written in the passbook that neither a deposit, nor a
withdrawal will be permitted except upon the production of the passbook (recall in this
case that the passbook was in the possession of the wife of Vives all along). Hence, this
only proves to show that Atienza allowed the withdrawals because he was party to
Doronillas scheme of defrauding Vives. By virtue of CC 2180, PNB, as employer, is held
primarily and solidarily liable for damages caused by their employees acting within the
scope of their assigned tasks. Atienzas acts, in helpong Doronilla, a customer of the
bank, were obviously done in furtherance of the business of the bank, even though in
the process, Atienza violated some rules.
Digested by: Cari Mangalindan (A2015)
Doronilla is in the process of incorporating his business and to comply with one of the
requirements of incorporation, he caused Vives to issue a check which was then
deposited in Doronillas savings account. It was agreed that Vives can withdraw his
money in a months time. However, what Doronilla did was to open a current account
and instructed the bank to debit from the savings account and deposit it in his current
account. So when Vives checked the savings account, the money was gone. Is the
contract a mutuum or commodatum?
Supreme Court held that the contract is a commodatum. Although in a commodatum,
the object is a non-consumable thing, there are instances where a consumable thing
may be the object of a commodatum, such as when the purpose is not for consumption
of the object but merely for exhibition (Art. 1936). Thus, if consumable goods are loaned
only for purposes of exhibition, or when the intention of the parties is to lend
consumable goods and to have the very same goods returned at the end of the period
agreed upon, the loan is a commodatum and not a mutuum.