DEPOSIT IN GENERAL AND ITS DIFFERENT KINDS

Art. 1962. A deposit is constituted from the moment a person receives a thing
belonging to another, with the obligation of safely keeping it and of returning
the same. If the safekeeping of the thing delivered is not the principal purpose of
the contract, there is no deposit but some other contract.

COMMENT:

(1) Provisions in the Code of Commerce The provisions on commercial deposits

found in the Code of Commerce have been repealed. (Art. 2270, [2], Civil Code).

(2) When Contract of Deposit is Perfected A deposit, being a real contract, is

perfected by delivery (Art. 1316, Civil Code), but an agreement to constitute a
deposit is merely consensual, and is therefore binding upon mere consent. (Art.
1963, Civil Code).

(3) Purposes of the Contract The principal purpose of a deposit is the

safekeeping of the thing delivered (Art. 1962), but this does not mean that the
depositary can never use it. He can, in two instances: (a) with the express
permission of the depositor;

(b) when the preservation of the thing deposited requires its use, it must be
used but only for that purpose. (Art. 1977, Civil Code). Of course, if safekeeping
is not the principal purpose, there is no deposit but some other contract (Art.
1962), like one of lease or commodatum.

(4) Kinds of Deposits (a) Judicial (sequestration) — When an attachment or

seizure of property in litigation is ordered. (Art. 2005, Civil Code). (b)
Extrajudicial — 1) voluntary — made by the will of the depositor. (Art. 1968,
Civil Code). 2) necessary — a) made in compliance with a legal obligation. (Art.
1966, Civil Code). b) on the occasion of a calamity. (Art. 1996, Civil Code). c)
made by travelers in hotels or inns. (Art. 1998, Civil Code) d) made by travelers
with common carrier. (Art. 1736, Civil Code).
NECESSARY DEPOSIT

Art. 1996. A deposit is necessary:

(1) When it is made in compliance with a legal obligation;

(2) When it takes place on the occasion of any calamity,

such as fire, storm, flood, pillage, shipwreck, or other similar events.
(1781a)

Art. 1997. The deposit referred to in No. 1 of the preceding

article shall be governed by the provisions of the law establishing it, and in
case of its deficiency, by the rules on voluntary deposit.

The deposit mentioned in No. 2 of the preceding article shall be regulated by the
provisions concerning voluntary deposit and by Article 2168. (1782)

WHEN DEPOSIT IS NECESSARY

1. When it is made in compliance with a legal obligation
2. When it takes place on the occasion of any calamity, such
as fire, storm, flood, pillage, shipwreck, or other similar events
3. Travelers in hotels or inns
4. Made by passengers with common carriers

NECESSARY DEPOSIT IN COMPLIANCE WITH A LEGAL OBLIGATION

1. The judicial deposit of a thing the possession of which is being disputed in a
litigation by two or more persons
2. The deposit with a bank or public institution of public bonds or
instruments of credit payable to order or bearer
given in usufruct when the usufructuary doesn’t give proper security for their
conservation
3. The deposit of a thing pledged when the creditor uses the
same without the authority of the owner or misuses it in any other way
4. Those required in suits as provided for in the Rules of Court
5. Those constituted to guarantee contracts with the government. In this last
case, the deposit arises from an obligation of a public or administrative character.

Art. 1998. The deposit of effects made by the travelers in

hotels or inns shall also be regarded as necessary. The
keepers of hotels or inns shall be responsible for them as depositaries,
provided that notice was given to them, or to
their employees, of the effects brought by the guests and
that, on the part of the latter, they take the precautions
which said hotel-keepers or their substitutes advised relative to the care
and vigilance of their effects. (1783)

Art. 1999. The hotel-keeper is liable for the vehicles, animals and articles
which have been introduced or placed in the annexes of the hotel. (n)

DEPOSIT BY TRAVELLERS IN HOTELS AND INNS

1. They have been previously informed about the effects brought by their guests
2. The latter have taken the precautions prescribed regarding their safekeeping

EXTENT OF LIABILITY OF KEEPERS OF HOTELS AND INNS

 The liability isn’t limited to effects lost or damaged in the
hotel rooms which come under the term “baggage” or articles such as clothing as
are ordinarily used by travelers but include those lost or damaged in hotel annexes
such as vehicles in the hotel’s garage
 The responsibility extends to all those who offer lodging for a compensation,
whatever may be their character

DEFINITION OF TERMS
1. Travelers or guests—it refers to transients and not to boarders. Non-
transients are governed by the rules on lease.
2. Hotel-keeper and inn-keeper—
a. Hotel—a house or large building that supplies
rooms and food for pay to travelers and others;
inn.
b. Inn—a place where travelers and others can get meals and a room to sleep in.
Hotels have largely
taken the place of the old inns.
c. Motel—a roadside hotel or group of furnished
cottages or cabins providing overnight lodging for
motorists; motor court.

Art. 2000. The responsibility referred to in the two preceding articles

shall include the loss of, or injury to the
personal property of the guests caused by the servants or
employees of the keepers of hotels or inns as well as
strangers; but not that which may proceed from any force majeure. The
fact that travelers are constrained to rely on
the vigilance of the keeper of the hotels or inns shall be
considered in determining the degree of care required of him. (1784a)

Art. 2001. The act of a thief or robber, who has entered the
hotel is not deemed force majeure, unless it is done with the use of arms
or through an irresistible force. (n)

Art. 2002. The hotel-keeper is not liable for compensation if the loss is due to
the acts of the guest, his family, servants
or visitors, or if the loss arises from the character of the
things brought into the hotel. (n)

WHEN HOTEL-KEEPER LIABLE

1. The loss or injury is caused by his servants or employees
as well as by strangers provided that notice has been given and proper
precautions taken
2. The loss is caused by the act of the thief or robber done
without the use of arms and irresistible force for in this case, the hotel-keeper is
apparently negligent.

WHEN HOTEL-KEEPER IS NOT LIABLE

1. The loss or injury is caused by force majeure, theft or robbery by a
stranger with the use of arms or irresistible force, unless he is guilty of fault or
negligence in failing to provide against the loss or injury from his cause
2. The loss is due to the acts of the guests, his family, servants, or visitors
3. The loss arises from the character of the things brought into the hotel

Art. 2003. 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. Any stipulation
between the hotel-keeper and the guest whereby the responsibility of the
former as set forth in articles 1998 to 2001 is suppressed or diminished shall be
void. (n)

EXEMPTION OR DIMUNITION OF LIABILITY

 The rule in this article is similar to the rule on common carriers which
doesn’t allow a common carrier to dispense with or limit his responsibility by
stipulation or by posting of notices
 Such stipulations is deemed contrary to law, morals, and public policy
1. Hotel-keepers and inn-keepers in offering their
accommodations to the public, practically volunteer as
depositaries, and as such, they should be subject to an
extraordinary degree of responsibility for the protection and safety of travelers who
have no alternative but rely on good faith and care of those with whom they take
lodging
2. Inn-keepers by the nature of their business, have
supervision and control of their inns and the premises thereof. As a matter of
fact, authorities are to the effect that it is not necessary in order to hold an inn-
keeper liable that the effects of the guests be actually delivered to him or his employee,
it is enough that they are within the inn.

CAN THERE BE STIPULATION EXEMPTING LIABILITY FOR

GROSS NEGLIGENCE?
No since you cannot waive liability for
gross negligence as this would be tantamount to waiving liability for fraud.

Art. 2004. 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 lodging, and supplies usually furnished to hotel guests. (n)

HOTEL-KEEPER’S RIGHT TO RETAIN

 Nature of a pledge created by operation of law
 Incidentally, the act of obtaining food or accommodation in a hotel or inn without
paying thereof constitutes estafa.