Ex. My tito from the States makes padala a balikbayan box filled with spam through anotherrelative who’s flying to the Philippines on vacation. It only benefits my tito (the bailor). Or,Helen deposits Polsci’s baby chair with the mysterious little guy who doesn’t smile in the bagdepository counter outside the lib. In this case, only Helen benefits (based on a true story).
2.For the sole benefit of the bailee
Examples: commodatum and gratuitous simple loan or mutuum
Ex. Xilca borrows my white blouse because she forgot to bring clothes to change from herPasay City Jail outfit. Only Xilca is benefited, not me. Or, Xilca borrows P10 from me withoutinterest.
3.For the benefit of both parties
Examples: deposit for a compensation, involuntary deposit, pledge, bailments for hire
Ex. Ansky pawns her huge diamond earrings at Villarica Pawnshop. The pawnshop givesher P10,000 and a pawn ticket. Both parties benefit – Ansky gets fast cash, while thepawnshop gets to keep the huge diamond earrings to make sure that Ansky pays, and in caseshe doesn’t they can sell the earrings.1 and 2 are
There is no consideration because they are considered moreas a favor by one party to the other. Bailments under number 3 are
and they usually result from business transactions.
BAILMENT FOR HIRE
Bailment for hire
goods are left with the bailee
for some use or service by him
always for some compensation.KINDS OF BAILMENT FOR HIRE
Hire of things –
goods are delivered for the temporary use of the hirer
Hire of service –
goods are delivered for some work or labor upon it by the bailee
Hire for carriage of goods –
goods are delivered either to a common carrier or to a privateperson for the purpose of being carried from place to place
Hire of custody –
goods are delivered for storage
I. LOANGENERAL PROVISIONS
Art. 1933. By the contract of loan, one of the parties delivers to another, either something notconsumable so that the latter may use the same for a certain time and return it, in which case thecontract is called a commodatum; or money or other consumable thing, upon condition that thesame amount of the same kind and quality shall be paid, in which case the contract is simply calleda loan or mutuum.Commodatum is essentially gratuitous.Simple loan may be gratuitous or with a stipulation to pay interest.In commodatum the bailor retains the ownership of the thing loaned, while in simple loan, ownershippasses to the borrower.Art. 1934. An accepted promise to deliver something by way of commodatum or simple loan isbinding upon the parties, but the commodatum or simple loan itself shall not be perfected until thedelivery of the object of the contract.
Sheryl IID 2002PAGE 2