Dear Atty. Chris,

 

Before the implementation of online learning, I used to go to computer shops to comply with my school requirements. And now, since we’ve been on virtual learning, I had to borrow my cousin’s spare laptop just so I could continue with my studies.

March this year, while I was on my way to meet some thesis partners, my bag was snatched containing the laptop. She asked me to replace the laptop with its same kind and color. I had to work and save money and by June, I was able to give it.

Just recently, she’s messaging me asking for money for the lost laptop. I thought it’s settled already since I gave a replacement. Please help me.

Jan

 

 ***

 

Dear Jan,

According to Article 1933 of the New Civil Code of the Philippines, the Contract of Commodatum states that the bailor delivers a non-consumable thing to a bailee who uses it for a certain time but with obligation to return it after the stipulated period.

While Article 1943 of the New Civil Code of the Philippines states that the bailee is not answerable for deterioration of the thing loaned if such deterioration is not due to the fault of the bailee, Article 142 says that bailee is liable for the loss of the thing which is the subject of the Contract of Commodatum.

In your case, what happened between you and your cousin is a Contract of Commodatum and you are accountable for the loss of the laptop because it was in your possession when it was lost.

Unless you have agreed to pay your cousin additional amount to cover for the lost laptop, I do not advise you to give the additional money being demanded because you have already paid it by replacing the item with its same kind.

As a rule, a party is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved, except when it is so provided by law or by stipulation of the parties (Article 2199, New Civil Code of the Philippines).

This means your act of replacing the laptop could already be considered an “adequate compensation” for the initial loss suffered by your cousin.

Hope this enlightened you.

Atty. Christoffer Allan A. Liquigan