Delos Santos v. Jarra Digest

G.R. No. L-4150 February 10, 1910 Facts: The Plaintiff Felix delos Santos filed this suit against Agustina Jarra. Jarra was the administratix of the estate of Jimenea. Plaintiff alleged that he owned 10 1st class carabaos which he lent to his father-in-law Jimenea to be used in the animal-power mill without compensation. This was done on the condition of their return after the work at the latter’s mill is terminated. When delos Santos demanded the return of the animals Jimenea refused, hence this suit. Issue: W/N the contracts is one of a commodatum Ruling: YES. The carabaos were given on commodatum as these were delivered to be used by defendant. Upon failure of defendant to return the cattle upon demand, he is under the obligation to indemnify the plaintiff by paying him their value. Since the 6 carabaos were not the property of the deceased or of any of his descendants, it is the duty of the administratrix of the estate to either return them or indemnify the owner thereof of their value.