Roshel P.

Guadalquiver BSAccy-IV

BL Assignment

Before he left for America to work as a mechanic, Pablo left his Adventure van with Toto,
with the understanding that the latter could use it for one year for his personal or family use
while Pablo works in America. He did not tell Toto that the brakes of the van were faulty. Toto
had the van tuned up and the brakes repaired. He spent a total amount of P25,000.00. After using
the vehicle for two weeks, Tito discovered that it consumed too much fuel. To make up for the
expenses, he leased it to Hannah.

Three months later, Pablo returned to the Philippines and asked Toto to return the van.
Unfortunately, while being driven by Toto, the van was accidentally damaged by a cargo truck
without his fault.

A) Who shall bear the P25,000.00 spent for the repair of the van? Explain.

ANSWER:

Toto should bear the P25,000.00 expenses for the van because he incurred the expenses without
first informing Pablo about it. They did not have an agreement regarding the tune up and the
repair was not shown to be urgent. Under Article 1949 of the Civil Code, bailor generally
bears the extraordinary expenses for the preservation of the thing and should refund the said
expenses if made by the bailee; Provided, The bailee brings the same to the attention of the
bailor before incurring them, except only if the repair is urgent that reply cannot be awaited.

The transfer is Commodatum because thing transferred is not consumable and is bound to be
returned of the same amount of the same kind to the bailor. The ownership is also not transferred.

B) Who shall bear the costs for the vans fuel, oil and other materials while it was with Toto?
Explain.

ANSWER:

Toto must also pay for the ordinary expenses incurred for the use and preservation the van. He
must pay for the gasoline, oil, greasing and spraying. He cannot ask for reimbursement from
Pablo. Under Article 1941 of the Civil Code, the bailee is obliged to pay for the ordinary
expenses for the use and preservation of the thing loaned.
C) Does Pablo have the right to retrieve the van even before the lapse of one year? Explain.

ANSWER:

No, According Article 1946, the bailor/Pablo cannot demand the return of the thing loaned till
after the expiration of the period stipulated or after the accommodation of the use for which the
commodatum has been constituted. Under the Civil Code, there are only 3 instances when the
bailor could validly ask for the return of the thing loaned even before the expiration of the
period. These are when: (1) a precarium contract was entered (Article 1947); (2) if the
bailor urgently needs the thing (Article 1946); and (3) if the bailee commits acts of ingratitude
(Article 1948). Not one of the situations is present in this case.

D) Who shall bear the expenses for the accidental damage caused by the cargo truck, granting
that the driver and truck owner are insolvent? Explain.

ANSWER:

Extraordinary expenses arising on the occasion of the actual use of the thing loaned by the
bailee, even he acted without fault of the bailee, shall be shouldered equally by the bailor and the
bailee. (Art. 1949 of the Civil Code). However, if Pablo had an urgent need for the vehicle,
Toto would be in delay for failure to immediately return the same, then Tito would be held liable
for the extraordinary expenses.