MARGARITA QUINTOS and ANGEL A. ANSALDO v.

BECK
G.R. No. 80294-95, September 21, 1988, Gancayco, J.

A contract whereby one grants the use of a furniture to another with the former reserving his ownership over
the same, is one of commodatum.

Facts:
Beck was a tenant of Quintos and he occupied Quintos’ house on M.H. Del Pilar Street. On the novation
of the contract of lease between the two, Quintos allowed Beck to use the furniture described in their contract.
Quintos then sold the property to Maria Lopez and Rosario Lopez.

They, along with Quintos notified Beck to vacate the house under one of the clauses of the contract. Quintos
required Beck to return all the furniture Beck had for her in the house. Beck wrote to Quintos stating she can
claim the furniture in the ground floor of the house. He then wrote another letter stating that the he could not
give up the three gas heaters and four electric lamps for he would use them until the lease is due to expire.
Quintos refused to get the furniture because she could not have all of them. When the lease contract expired,
Beck deposited with the Sheriff all the furniture belonging to Quintos.

Issue: Whether Beck complied with his obligation to return the furniture upon Quintos’ demand.

Ruling:
NO. The contract entered into between the parties is one of commadatum, because under it the Quintos
gratuitously granted the use of the furniture to Beck, reserving for herself the ownership thereof; by this contract
Beck bound himself to return the furniture to Quintos, upon the latter’s demand. The obligation voluntarily
assumed by Beck to return the furniture upon the Quintos’ demand, means that he should return all of them to
Quintos at the latter's residence or house. Beck did not comply with this obligation when he merely placed them
at the disposal of Quintos, retaining for his benefit the three gas heaters and the four eletric lamps. Hence,
Quintos was not under any duty to accept the offer to return the furniture since the same is not complete.