Manila Law College

Atty. Kitem D. Kadatuan Jr.

Quiz on Commodatum, Deposit, Surety, Guaranty

I. Answer the questions directly and with legal basis. Write legibly, observe margins and avoid
erasures. Corresponding deductions will be made for failure to follow instructions

1. (Commodatum) What is commodatum and state whether these may be constituted over
consumable goods.

2. (Surety) What is the difference between "guaranty" and "suretyship"?

3. (Guaranty) Ammar obtained a loan of P300,000 from Maya payable on March 25, 2021. As
security for the payment of his loan, Ammar constituted a mortgage on his residential house and
lot in Maya's favor. Juancho, a good friend of Ammar, guaranteed and obligated himself to pay
Maya, in case Ammar fails to pay his loan at maturity If Ammar fails to pay Maya his loan on
March 25, 2021, can Maya compel Juancho to pay?

4. (Commodatum) Cruz lent Jose his car until Jose finished his Bar exams. Soon after Cruz
delivered the car, Jose brought it to Mitsubishi Cubao for maintenance check up and incurred
costs of P8,000. Seeing the car's peeling and faded paint, Jose also had the car repainted for
P10,000. After the bar exams, Cruz asked for the return of his car. Jose said he would return it as
soon as Cruz has reimbursed him for the car maintenance and repainting costs of P 18,000. Is
Jose's refusal justified?

5. (Deposit) Due to the continuous heavy rainfall, the major streets in Manila became flooded. This
compelled Cris to check-in at Square One Hotel. As soon as Cris got off from his Toyota Altis,
the Hotel’s parking attendant got the key of his car and gave him a valet parking customer’s claim
stub. The attendant parked his car at the basement of the hotel. Early in the morning, Cris was
informed by the hotel manager that his car was carnapped. (a) What contract, if any, was
perfected between Cris and the Hotel when Cris surrendered the key of his car to the Hotel’s
parking attendant? (b) What is the liability, if any, of the Hotel for the loss of Cris’ car?