CANVAS

This will be a group assignment. You may freely choose your group mates and
the number of available groups per class is 10.
Once you're settled in, make video/s or audio/s of examples of a contract of
commodatum and a contract of mutuum or simple loan. Get creative - it may be a
dramatization of your examples or probably an animation of it.
Send us an mp4 or any video or audio file of your works. Just take into account
that all elements of the 2 kinds of loan must be present in your online submissions.
Have an awesome time with your group!
GROUP ASSIGNMENT OUTLINE (COMMODATUM AND MUTUUM)
1. ABALLA CHA- EDITOR
2. ARCEO ROGIE- ACTRESS
3. BADONG EARL- ACTOR
4. BATHAN ANDREA- PRESENTOR OF MUTUUM
5. CADIANG RALPH- ACTOR
6. CORTEZ, SOPHIA-PRESENTOR OF THE DECISION OF THE COURT
MUTUUM
7. DIMABUYU, ANA- PRESENTOR OF EXAMPLE COMMODATUM
8. GROSPE, KATH- PRENSETOR OF EXAMPLE MUTUUM
9. JABSON, PAT- ACTRESS
10. MALLARI, RELLE- ACTOR
11. POSTRE, ANGELICA- PRESENTOR OF EXAMPLE COMMODATUM
12. SANTOS, KYLA- PRESENTOR OF COMMODATUM

THINGS TO DO

1. INTRODUCTION (DISCUSSION NG COMMODATUM AND MUTUUM)

2. SITUATIONAL EXAMPLES (COMMODATUM AND MUTUUM)

 DISCUSSION OF EXAMPLES
INTRODUCTION (KYLA)
 As stated by Article 1933, in the contract of loan, one of the parties carries to
another either something not consumable so that the latter may use the same for
certain time and return it, it is a contract of COMMODATUM. The term is
derived from the latin word commodum which means usefulness or
commodo particular usefulness to a borrower
 A contract of COOMODATUM is a loan for use, non-consumable thing, and
essentially gratuitous
 Bailor, one who delivers personal property to the bailment, on the other
hand, Bailee, one who holds the property for a certain purpose either
express or implied in-fact contract.
 To further appreciate the concept of COMMODATUM
The following is the example………… (READ EXAMPLE KYLA)
EXAMPLE/SCENE ( EARL, RALPH, RELLE, ANGELICA)

Before Earl left for Korea to work as an accountant, He left his car with his friend Ralph,
with the understanding that the latter could use it for one year for his personal or family
use while he works in Korea. He did not tell Ralph that the brakes of the car were
damaged. Ralph had the car tuned up and the brakes repaired. He spent a total amount
of P25,000.00. After using the vehicle for two weeks, Ralph discovered that
it consumed too much fuel. To cover up for the expenses, he rented it to Angelica.

Three months later, Earl returned to the Philippines and asked Ralph to return the car.
Unfortunately, while being driven by Ralph, the car was accidentally damaged by
another vehicle without his fault.

FIRST SCENE (CONVERSATION THROUGH PHONE CALL OR ZOOM BASTA KITA

MGA MUKHA)
Earl: Hey Ralph, I’m going to Korea this week. I received an email to the company
telling I need to sign some papers before they can process it. I would like to offer with
you my CAR since no one would be using it. You may use the car personally or with
your family while I’m in Korea.
Ralph: Okay, if you say so, I will just drop by Wednesday to get the car. Thank you so
much. Have a safe trip.
Earl: Okay thank you.

NEXT SCENE
KYLA’S NARRATION: Ralph was calling his friend Relle, a mechanic, to check on the
car to make it sure it is safe to use.
Ralph: Hello Relle, how was the car?
Relle: I already had it tuned up and also the brakes required some repairs. The total
amount you need to pay is amounting to P25,000.00.
Ralph: Oh I see, thank you so much.
NEXT SCENE OUTSIDE THE CAR SI RALPH (CONVERSATION THROUGH PHONE
CALL OR ZOOM BASTA KITA MGA MUKHA)
Ralph: Why didn’t Earl told me that his car brakes were damage plus it consumed too
much fuel. I need to do something. *disappointed look* while calling ANGELICA
Ralph: Hello Angelica, would you mind rented the car of Earl? I just needed some extra
money to cover up with the expenses of this car.
Angelica: Okay, I’ll just get the car tomorrow.
KYLA’S NARRATION: Three months later, Earl landed to the Philippines and asked
Ralph to return the car.
NEXT SCENE INSIDE THE CAR SI RALPH (CONVERSATION THROUGH PHONE
CALL OR ZOOM BASTA KITA MGA MUKHA)
Earl: Hi Ralph, I’m back. I just need to use the car tomorrow morning, is it okay with you
to return it to the house tonight?
Ralph: Hi there, sure no problem, I’ll just got home from the Mall. I’ll be there by 30
minutes.
KYLA’S NARRATION: Unfortunately, while being driven by Ralph, the car was
accidentally damaged by another vehicle without his fault.
Ralph( video naka upo sa car kunware na bangga subsob nalang sa manibela kunware
yung parang nagulat kasi nabangga) insert sound effect nalang HAHAHHAHA

KYLA’S NARRATION: Who shall bear the P25,000.00 expense for the repair of the car?
Including the expenses for the accidental damage caused by another vehicle, granting
that another owner of the vehicle is insolvent?

ANGELICA’S EXPLANATION: EXPENSE FOR THE REPAIR OF THE CAR

The P25,000.00 expense for the repair of the car should be
shouldered by Earl. Where the bailor (EARL) delivers to the bailee (RALPH) a non-
consumable thing so that the latter may use it for a certain time and return the identical
thing, the contract perfected is a Contract of Commodatum. (UNDER ART. 1933, Civil
Code).
The bailor shall reimburse the extraordinary expenses during the contract
for the preservation of the thing loaned as long as the bailee brings the same to the
knowledge of the bailor before acquiring the same, except when they are so urgent that
the reply to the notification cannot be awaited without danger.
ANA’S EXPLANATION: EXPENSES CAUSE BY ACCIDENT UPON THE DELIVERY
OF THE LOAN
Mostly, extraordinary expenses arising on the time of the actual use of the thing
loaned by the bailee, even if incurred without the fault of the bailee, shall be shouldered
equally by Earl (BAILOR) and the Ralph (BAILEE). (Under Art. 1949 of the Civil Code).
However, if Earl had an urgent need for the vehicle, Ralph would be in delay for failure
to immediately return the same, then Ralph would be liable for the extraordinary
expenses cause by the accident.

NEXT, (A CONTRACT OF MUTUUM) ANDREA

 Under Article 1933, money or other consumable thing, upon the condition that
the same amount of the same kind and quality shall be paid is called loan or
mutuum.
 It may be gratuitous or with a stipulation to pay interest.
 The ownership is also passed to the borrower unlike to the contract of
Commodatum.
GROSPE: To further understand the concept of Mutuum
o The following is the example….. ( READ EXAMPLE BELOW)

EXAMPLE/SCENE ( PAT, ROGIE)

Pat take a legal action to Rogie for the collection of a promissory note for a
loan, with an agreement on interest, on which Rogie defaulted, plus the
damages caused by her when she spills some coffee on the priceless Last
Supper’s painting. Rogie is liable on the promissory note plus damages to
Pat’s painting, with interests for both incidents.
NEXT SCENE (CONVERSATION THROUGH PHONE CALL OR ZOOM BASTA KITA
MGA MUKHA)
Pat: Hi Rogie, I would like to informed you that, (parang mataray look) I filed a case to
you regarding to the payment of promissory note plus the damages you’ve done to my
Last Supper painting remember? Have you already forgot it?
Rogie: No please, can we not make an arrangement about it? Let’s talk it privately
without involving the court anymore please?
Pat: *angry* I tried calling you hundredths of time, it seems like your ignoring me. If you
thought you can easily get rid after what you have done, then,try me. Let’s just wait for
the decision of the court. Bye.

GROSPE’S NARRATION: What rates of interest may the court impose with
respect to both incidents? Explain.

SOPH’S EXPLANATION
With respect to the collection of money or promissory note, that is being a
forbearance of money, the legal rate of interest for having defaulted on the payment of
the promissory note will be charged by 12%. On the other hand, the damages to the
Last Supper’s painting, it is 6% from the time of the final demand up to the time of the
finality of decision until credit is fully paid. The court considers the latter as a
forbearance of money given it was express in stipulation for the payment of
interest and the agreement was reduced in writing.