ALEJANDRA MINA vs.

RUPERTA PASCUAL
G.R. No. L-8321 (October 14, 1913)

FACTS:

Francisco Fontanilla is the owner of land and he allowed his brother,

Andres, to erect a warehouse in that lot. Both Francisco and Andres died
and their children became their respective heirs: Mina for Francisco and
Pascual for Andres. Pascual sold his share of the warehouse and lot. Mina
opposed because the lot is hers because her predecessor (Francisco)
never parted with its ownership when he let Andres construct a
warehouse, hence, it was a contract of commodatum.

ISSUE:
Whether of not the nature of the contract between Francisco and Andres
was a commodatum?

HELD:

The Supreme Court held that it was not a commodatum. It is an essential

feature of commodatum that the use of the thing belonging to another
shall be for a certain period. The parties never fixed a definite period
during which Andres could use the lot and afterwards return it.