NOTES

DEPOSIT

-a person receives a thing belong to another, with the obligation of safely keeping it and of returning
the same.

NOTE: If the safekeeping of the thing delivered is not the principal purpose of the contract, there is no
deposit but some other contract.

CHARACTERISTICS
1. real - because it is perfected only by the delivery of the subject matter
BUT an agreement to constitute a deposit is binding and enforceable, since it is merely consensual
2. unilateral - if gratuitous
3. bilateral - if with compensation
4. orally/writing

FORM OF CONTRACT OF DEPOSIT:

GR: A contract of deposit may be entered into orally or in writing.

Exception: Delivery of the thing deposited. (It is a real contract, hence, delivery is required for
perfection.)

Deposit Mutuum
Purpose safekeeping For consumption
Demand of return Anytime/at will of the depositor Only after the expiration of the period
stipulated
Subject Matter Movable/immovable Movable-fungibles/money

KINDS OF DEPOSIT
1. judicial - when an attachment or seizure of property in litigation is ordered
SUBJECT MATTER-MOVABLES OR IMMOVABLES

2. extrajudicial
a.voluntary- delivery is made by the will of the depositor or by two or more persons each of whom
believes himself entitled to the thing deposited;
b.necessary- made in compliance with a legal obligation, or on the occasion of any
calamity, or by travelers in hotels and inns or by travelers with common carriers.
SUBJECT MATTER-MOVABLES

Deposit is generally GRATUITOUS

Exception:
a.) By stipulation
b.) When the depositary is engaged in storing goods
c.) When the property is saved without the knowledge of the owner

OBLIGATIONS OF THE DEPOSITARY

1. Diligence of a good father of a family/some degree of care

2. Return the thing deposited when required (heirs, successors or to the person stipulate din the contract) (if
a depositor is incapacitated-then to the administrator or to the depositor himself upon after acquiring
his/her capacity)
3. Obligations not to transfer the thing deposited
Reason: Trust and confidence
4. Collect the interest as it becomes due and take such steps as may be necessary to preserve its value
and the right corresponding to it.
The depositary is bound to collect the capital, as well as the interest, when due.
5. Obligation not to commingle goods if so stipulated
6. Obligations not to use the thing deposited

GR: Deposit is for safekeeping of the subject matter and not for its use.
 Exceptions:
a. Expressly authorized by the depositor;
b. Such use is necessary for its preservation but limited for the purpose only.

Effects of authorized use:

a. If the thing deposited is non-consumable:

GR: The contract loses the character of a deposit and acquires that of a commodatum
despite the fact that the parties may have denominated it as a deposit.
Exception: Safekeeping is still the principal purpose of the contract.
b. If the thing deposited is money or other consumable thing:
GR: Converts the contract into a simple loan or mutuum.
Exception: Safekeeping is still the principal purpose of the contract, but it becomes an
irregular deposit. Bank deposits are in the nature of irregular deposits but they are really

7. Liability for loss through fortuitous event

GR: The depositary is not liable for loss through fortuitous event without his fault
Exceptions:
a. If it is so stipulated
b. If he uses the thing without the depositor’s permission
c. If he delays in its return
d. If he allows others to use it, even though he himself may have been
authorized to use the same

8. Obligation when the thing deposited is closed and sealed

The depositary has the obligation to:

a. return the thing deposited when delivered closed and sealed in the same condition;
b. pay for damages should the seal or lock be broken through his fault, which is presumed
unless proven otherwise;
c. Keep the secret of the deposit when the seal or lock is broken, with or without his fault.

9. Obligation to return products, accessories and accessions

10. Obligation to pay interest on sums converted for personal use

11. The depositary who receives the thing in deposit cannot require that the depositor prove
his ownership over the thing

12. Inform the true owner in case in case of stolen goods

The depositary may be relieved from liability when:

a. He advised the true owner of the thing of the deposit.
b. If the owner, is spite of such information, does not

13. Obligation of the depositary when there are two or more depositors.
a. Divisible thing and joint depositors – each one of the depositors can demand only his share
proportionate thereto.
b. Indivisible thing and solidary depositors –rules on active solidarity

14. Obligation to return at the place of return

15. Depositary’s liability in case of loss by force majeure or government order

Depositary is not liable in cases of loss by force majeur or by government order. However, he
has the duty to deliver to the depositor money or another thing he receives in place of the thing.

16. Liability in case of alienation of the depositary’s heir.

When alienation is done in GOOD FAITH:
a. Return the value of the thing deposited
b. Assign the right to collect from the buyer.
• The heir does not need to pay the actual price of the thing deposited.

OBLIGATIONS OF THE DEPOSITOR

1. Obligation to pay expenses of preservation.

2. Obligation to pay losses incurred due to character of thing deposited.
GR: The depositary must be reimbursed for loss suffered by him because of the character
of the thing deposited.
Exceptions:
a. Depositor was not aware of the danger;
b. Depositor was not expected to know the dangerous character of the thing;
 c. Depositor notified the depositary of such dangerous character;
d. Depositary was aware of the danger without advice from the depositor.

3. Effect of death of depositor or depositary.

a. Deposit gratuitous – death of either of the depositor or depositary extinguishes the deposit
(personal in nature).
b. Deposit for compensation – not extinguished by the death of either party.

NECESSARY DEPOSIT

A deposit is necessary when:

1. It is made in compliance with a legal obligation

2. It takes place on the occasion of any calamity, such as fire, storm, flood, pillage, shipwreck,
or other similar events.
*There must be a causal relation between the calamity and the constitution of the deposit.

3. Made by passengers with common carriers.

• as to those baggage the passengers or their agents carry

4. Made by travelers in hotels or inns.

Before keepers of hotels or inns may be held responsible as depositaries with regard to the effects of
their guests, the following must concur:

Elements:
a. They have been previously informed about the effects brought by the guests;
b. The latter have taken the precautions prescribed regarding their safekeeping.

Extent of liability:
a. Liability in hotel rooms which come under the term “baggage” or articles such as clothing as
are ordinarily used by travelers
b. Include those lost or damages in hotel annexes such as vehicles in the hotel’s garage.

When hotel-keeper liable: (Art. 2000 –

a. The loss or injury to personal property is caused by his servants or employees as well as by strangers
b. The loss is caused by the act of a thief or robber done without the use of arms and irresistible force.
Rationale: Hotel-keeper is apparently negligent.

When hotel-keeper not liable:

a. The loss or injury is cause by force majeure, like flood, fire, theft or robbery by a
stranger (not the hotel-keeper’s servant or employee) with the use of firearms or irresistible
force.
Exception: Unless the hotel-keeper is guilty of fault or negligence in failing to provide
against the loss or injury from his cause.

b. The loss is due to the acts of the guests, his family, servants, visitors.
c. The loss arises from the character of the things brought into the hotel.

Exemption or diminution of liability: The hotel-keeper cannot free himself from responsibility by
posting notices to the effect that he is not liable for the articles brought by the guest.

Effect: Any stipulation between the hotel-keeper and the guest whereby the
responsibility of the former (as set forth in Art. 1998-2001) is suppressed or diminished
shall be VOID.
Hotel-keeper’s right to retain
The hotel-keeper has a right to retain the things brought into the hotel by the guest, as a
security for credits on account of:
a. lodging;
b. supplies usually furnished to hotel guests.

Rationale: It is given to hotel-keepers to compensate them for the liabilities imposed upon
them by law. The right of retention recognized in this article is in the nature of a pledge
created by operation of law.