OBLIGATIONS OF THE BAILEE
Art. 1941. The bailee is obliged to pay for the ordinary expenses for the use and preservation of the thing loaned. (1743a)
Art. 1942. The bailee is liable for the loss of the thing, even if it should be through a fortuitous event:
(1) If he devotes the thing to any purpose different from that for which it has been loaned;
(2) If he keeps it longer than the period stipulated, or after the accomplishment of the use for which the commodatum has been constituted;
(3) If the thing loaned has been delivered with appraisal of its value, unless there is a stipulation exemption the bailee from responsibility in case of a fortuitous event;
(4) If he lends or leases the thing to a third person, who is not a member of his household;
(5) If, being able to save either the thing borrowed or his own thing, he chose to save the latter. (1744a and 1745)
Art. 1943. The bailee does not answer for the deterioration of the thing loaned due only to the use thereof and without his fault. (1746)
Art. 1944. The bailee cannot retain the thing loaned on the ground that the bailor owes him something, even though it may be by reason of expenses. However, the bailee has a right of retention for damages mentioned in Article 1951. (1747a)
Art. 1945. When there are two or more bailees to whom a thing is loaned in the same contract, they are liable solidarily. (1748a)
OBLIGATIONS OF THE BAILEE
1. The bailee is liable for ordinary expenses—the borrower should defray the expenses for the use and preservation of the thing loaned for after all, he acquires the use of the same and he is supposed to return the identical thing
2. The borrower must take good care of the thing with the diligence of a good father of a family (due diligence)
3. Generally, the borrower would not be liable for the loss of a thing due to a fortuitous event but he would be liable in case of the following circumstances:
a. If he devotes the thing to any purpose different from that for which it has been loaned;
b. If he keeps it longer than the period stipulated, or after the accomplishment of the use for which the
commodatum has been constituted;
c. If the thing loaned has been delivered with appraisal of its value, unless there is a stipulation
exemption the bailee from responsibility in case of a fortuitous event;
d. If he lends or leases the thing to a third person, who is not a member of his household;
e. If, being able to save either the thing borrowed or his own thing, he chose to save the latter. (JPSP:
should be considered as an exemption. This is actually based on ingratitude. Nonetheless, this
provision tends to control one’s instinct for self-preservation)
4. The bailee is not liable for the deterioration of the thing loaned due only to the use thereof and without his fault
5. He cannot retain the thing loaned on the ground that the bailor owes him something, even though it may be for the reason of expenses. He can have the right to retain though for damages as mentioned in Article 1951—“The bailor who, knowing the flaws of the thing loaned, does not
advise the bailee of the same, shall be liable to the latter for the damages which he may suffer by reason thereof”.
6. When there are two or more bailees to whom a thing is loaned in the same contract, they are liable solidarily to the bailor
a. To safeguard effectively the rights of the lender b. Law presumes that the bailor takes into account the personal integrity and responsibility of all the bailees and that, therefore, he would not have constituted the commodatum is there were only one liable
