1. Pajuyo v. CA, G.R. No.

146364, June 3, 2004 FACTS: Pajuyo purchased the rights over a property from Pedro Perez. Thereafter, he constructed a house and he and his family lived there. Later, Pajuyo agreed to let Guevarra live in the house for free provided that Guevarra maintain cleanliness and orderliness of the house. They also agreed that Guevarra should leave upon demand. But when Pajuyo later told Guevarra that he needed the house, Guevarra refused, hence an ejectment case was filed. ISSUE: WON CONTRACT WAS A COMMODATUM RULING: Supreme Court held that the contract is not a commodatum. In a contract of commodatum, one of the parties delivers to another something not consumable so that the latter may use the same for a certain time and return it. An essential feature of commodatum is that it is gratuitous. Another feature of commodatum is that the use of the thing belonging to another is for a certain period. Thus, the bailor cannot demand the return of the thing loaned until after expiration of the period stipulated, or after accomplishment of the use for which the commodatum is constituted. If the bailor should have urgent need of the thing, he may demand its return for temporary use. If the use of the thing is merely tolerated by the bailor, he can demand the return of the thing at will, in which case the contractual relation is called a precarium. Under the Civil Code, precarium is a kind of commodatum.