Professional Documents
Culture Documents
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* SECOND DIVISION.
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Article 1933 of the Civil Code distinguishes between the two kinds of
loans.·By the contract of loan, one of the parties delivers to
another, either something not consumable so that the latter may
use the same for a certain time and return it, in which case the
contract is called a commodatum; or money or other consumable
thing, upon the condition that the same amount of the same kind
and quality shall be paid, in which case the contract is simply called
a 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, ownership passes to the borrower.
Same; Quasi-Delicts; Employer-Employee Relationship;
Solidary Liability; Employers shall be held primarily and solidarily
liable for damages caused by their employees acting within the scope
of their assigned tasks.·Under Article 2180 of the Civil Code,
employers shall be held primarily and solidarily liable for damages
caused by their employees acting within the scope of their assigned
tasks. To hold the employer liable under this provision, it must be
shown that an employer-employee relationship exists, and that the
employee was acting within the scope of his assigned task when the
act complained of was committed. Case law in the United States of
America has it that a corporation that entrusts a general duty to its
employee is responsible to the injured party for damages flowing
from the employeeÊs wrongful act done in the course of his general
authority, even though in doing such act, the employee may have
failed in its duty to the employer and disobeyed the latterÊs
instructions.
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4
Vives.
Subsequently, private respondent learned that Sterela
was no longer holding office in the address previously given
to him. Alarmed, he and his wife went to the Bank to verify
if their money was still intact. The bank manager referred
them to Mr. Rufo Atienza, the assistant manager, who
informed them that part of the money in Savings Account
No. 10-1567 had been withdrawn by Doronilla, and that
only P90,000.00 remained therein. He likewise told them
that Mrs. Vives could not withdraw said remaining
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3 Id. at p. 37.
4 Ibid.
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I.
II.
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8 Id., at p. 63.
9 Id., at pp. 35-47.
10 Id., at pp. 54-55.
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III.
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IV.
V.
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15 Id., at p. 21.
16 Id., at p. 22.
17 Id., at pp. 24-27.
18 Id., at p. 23.
19 Id., at p. 28.
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goods and to have the very same goods returned at the end
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xxx
But the scheme could not have been executed successfully
without the knowledge, help and cooperation of Rufo Atienza,
assistant manager and cashier of the Makati (Buendia) branch of
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hands of Mrs. Vives for he was the one who gave it to her. Besides,
as assistant manager of the branch and the bank official servicing
the savings and current accounts in question, he also was aware
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31 Rollo, pp. 43-47, citing the Decision of the Regional Trial Court, pp.
5-8.
32 Castilex Industrial Corporation v. Vasquez, Jr., 321 SCRA 393
(1999).
33 18B Am. Jur. 2d, p. 947, Corporations § 2125, citing Pittsburgh, C.C.
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affirmed.
··o0o··
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