1:30-1:39

JSP: Correct. I have this laptop (??? inaudible). There’s this guy who wants to use this for free. I
said you can use it. During the commodatum, I said you have to pay for damages, because you
know, you have to pay for all the expenses incurred during the use.
S: No sir.
JSP: You have to make a distinction. That’s why I said it depends. Depends on what? Depends
on the kind of expense. If it’s an ordinary expense for preservation or use, that ought to be for the
account of the borrower. If the borrower is using the car for free, for example, the borrower has
to pay for gas, other expenses I dunno. Yes. Those things. And it has to be incurred for the use.
But, if it’s an extraordinary expense for preservation it should be for be the account of the lender,
or whoever the lender is representing as owner. So the difficult part will be distinguishing
between ordinary or extraordinary. Remember I gave the example? The replacement of all the
tires. The tires are couldn’t be worn out during the two day use so that should not be for the
account of the borrower. Otherwise we will have the situation where the owner can gain by way
of commodatum then pass on all expenses to the borrower.
JSP: The law says the borrower should return the exact same thing. So let’s say I lend you a pen.
By way of commodatum you have to return it to me. The ink level has to be the same when you
return it to me. Correct?
S: Not necessarily.
JSP: But it should be the exact same thing right? So when you return the car. Should it be the
exact same car without any scratches?
S: Sir it depends, because it’s for the actual use sir from use so there’s a possibility that there will
be scratches.
JSP: So the borrower is not liable for ordinary wear and tear due to use. Except? Except if the
borrower is at fault. So the borrower has to pay damage based on said fault. As I said, it’s based
on ordinary expenses for the property lent, it should be for the account of the lender that’s the
general rule because the borrower doesn’t acquire ownership. What are the instances when the
borrower will be liable for extraordinary expenses?
S: First, if the borrower borrowed the property and there is a breach.
JSP: If the borrower is at fault, then the borrower will have to pay expenses. The law says the
borrower will be liable for extraordinary expenses when the borrower is at fault if there is a
fortuitous event. The borrower will still be liable?
S: Yes, the borrower will still be liable, there are 5 instances. If he doesn’t use the property based
on the contract, sir.
JSP: Is that a fortuitous event? Will there be fortuitous event in that case?
S: No.
JSP: Why not? The law says the borrower shall be liable for fortuitous event liable under the
circumstances. The answer is no because. Technically in that instance there is no fortuitous event
because? What element is missing?
S: That it is not foreseen.
JSP: What element will be missing?
S: That it’s a natural…
JSP: No. Let’s say it happened during an earthquake but for some reason there was a breach
committed by the borrower. So it couldn’t be a fortuitous event because? Because the borrower
as debtor participated, contributed to the damages. Remember that the law, jurisprudence, it’s
called the humanization of the fortuitous event. What else?
S: If he has the option to save the property he chose to save his own thing.
(FYI: Did not include transcription talking about Magistrado’s surname, some parts of Magistrado
recitations missing because his voice was too soft but I was able to transcribe everything JSP said.)