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Manuel Gavieres v.

Trinidad Pardo de Tavera


Facts:

The plaintiff and defendant of this case are both successors of the deceased depositary and depositor.
Manuel Gavieres for Ignacia de Gorricho (Depositor)
Trinidad Pardo de Tavera for Felix Pardo de Tavera (Depositary)
January 10, 1900: Appealed case is about collection of balance 1,423.75 petot from de Tavera, remaining from an
original obligation of 3,000.00 petot.
3,000 petot is the amount of the deposit delivered by Ignacia Gorricho to Felix Pardo de Tavera on October 31, 1859.
As stated in an agreement that:
o Felix received from Ignacia, 3,000 petot, as DEPOSIT payable on 2 months notice in advance. With
INTEREST at 6% per annum.
Trinidad contended as a defense that the document was not a contract of deposit, rather, a contract of loan.
Trinidad also alleged that being a contract of loan, the original obligation was already extinguished due to prescription.

Issue: W/N this is a contract of deposit.


Held: No, although in the document there was a DEPOSIT spoken of, nevertheless, it clearly appears that it is a contract of
loan. The obligation of the depositary to PAY INTEREST of 6% per annum suffices to cause the obligation to be considered as a
loan. Furthermore, it was stated that the amount could be collected after notice of 2 months in advance.
The contract lost the character of a deposit and acquired that of a loan. All personal actions, such as those arise from a contract
of loan, cease upon 15 years according to the Civil Code (1900).
In addition, the original contract was nearly half century ago, which states that there MAY exist or MAY have existed documents
proving a total payment between the parties. However, this document has some time ago suffered the common fate of
perishable things.

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