Facts: On May 8, 1948, Jose Bagtas borrowed from the Bureau of Animal Industry 3 bulls for 1 year for breeding uroses, sub!e"t to breeding fee for 1#$ of the boo% &alue of the bulls' (on the e)iration of the "ontra"t, Bagtas as%ed for a renewal for another year' *he renewal granted was only for 1 bull' Bagtas offered to buy the bulls at boo% &alue less dere"iation, but the Bureau told him that he should either return the bulls or ay for their boo% &alue' Bagtas failed to ay the boo% &alue, and so the +eubli" "ommen"ed an a"tion with the ,-I Manila to order the return of the bulls of the ayment of boo% &alue' -eli"idad Bagtas, the sur&i&ing souse and administratri) of the de"edent.s estate, stated that the / bulls ha&e already been returned in 190/, and that the remaining one died of gunshot during a 1u% raid' As regards the two bulls, is was ro&en that they were returned and thus, there is no more obligation on the art of the aellant' As to the bull not returned, -eli"idad "ontends that the obligation is e)tinguished sin"e the "ontra"t is that of a "ommodatum and that the loss through fortuitous e&ent should be borne by the owner' Issue: 2hether, deending on the nature of the "ontra"t, the resondent is liable for the death of the bull Held: A "ontra"t of commodatum is essentially gratuitous' If the breeding fee be "onsidered a "omensation, then the "ontra"t would be a lease of the bull' (nder arti"le 1341 of the ,i&il ,ode the lessee would be sub!e"t to the resonsibilities of a ossessor in bad faith, be"ause she had "ontinued ossession of the bull after the e)iry of the "ontra"t' And e&en if the "ontra"t be "ommodatum, still the aellant is liable, be"ause arti"le 194/ of the ,i&il ,ode ro&ides that a bailee in a "ontra"t of commodatum ' ' ' is liable for loss of the things, e&en if it should be through a fortuitous e&ent5 6/7 If he %ees it longer than the eriod stiulated ' ' ' 637 If the thing loaned has been deli&ered with araisal of its &alue, unless there is a stiulation e)emting the bailee from resonsibility in "ase of a fortuitous e&ent8 *he loan of one bull was renewed for another eriod of one year to end on 8 May 190#' But the aellant %et and used the bull until 9o&ember 1903 when during a 1u% raid it was %illed by stray bullets' -urthermore, when lent and deli&ered to the de"eased husband of the aellant the bulls had ea"h an araised boo% &alue' It was not stiulated that in "ase of loss of the bull due to fortuitous e&ent the late husband of the aellant would be e)emt from liability' :e"ial ro"eedings for the administration and settlement of the estate of the de"eased Jose ;' Bagtas ha&ing been instituted in the ,ourt of -irst Instan"e of +i<al 6=>/##7, the money !udgment rendered in fa&or of the aellee "annot be enfor"ed by means of a writ of e)e"ution but must be resented to the robate "ourt for ayment by the aellant, the administratri) aointed by the "ourt' If the breeding fee be considered a compensation, then the contract would be a lease of the bull. Under article 1671 of the Civil Code the lessee would be subject to the responsibilities of a possessor in bad faith, because she had continued possession of the bull after the expir of the contract.