Civil Code · Book IV: Obligations and Contracts · Title XII: Deposit
Chapter 2: Voluntary Deposit · Sec. 1: General Provisions
Current text, as of October 24, 2026
When the depositary has permission to use the thing deposited, the contract loses the concept of a deposit and becomes a loan or commodatum, except where safekeeping is still the principal purpose of the contract.
The permission shall not be presumed, and its existence must be proved. (1768a)
Consolidated by Alleba from the text of Republic Act No. 386 (Lawphil and the Supreme Court E-Library). Book I provisions on marriage, family relations and parental authority were repealed by the Family Code (Executive Order No. 209, 1987) and are shown for reference only. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.