Delos Santos v.

Jarra Digest
G.R. No. L-4150 February 10, 1910 Facts: The Plaintiff Felix delos Santos filed this suit
against Agustina Jarra. Jarra was the administratix of the estate of Jimenea. Plaintiff alleged
that he owned 10 1st class carabaos which he lent to his father-in-law Jimenea to be used in
the animal-power mill without compensation. This was done on the condition of their return
after the work at the latters mill is terminated. When delos Santos demanded the return of
the animals Jimenea refused, hence this suit. Issue: W/N the contracts is one of a
commodatum Ruling: YES. The carabaos were given on commodatum as these were
delivered to be used by defendant. Upon failure of defendant to return the cattle upon
demand, he is under the obligation to indemnify the plaintiff by paying him their value. Since
the 6 carabaos were not the property of the deceased or of any of his descendants, it is the
duty of the administratrix of the estate to either return them or indemnify the owner thereof
of their value.