[CREDTRANS

CHARTS]

PRINCIPAL ACCESSORY (There must be a valid principal [P] obligation; valid even if P voidable, or unenforceable)
LOAN DEPOSIT PERSONAL REAL
COMMODATUM MUTUUM VOLUNTARY GUARANTY PLEDGE REM ANTICHRISES CHATTEL MORT.
DEFINITION where the lender delivers to borrower money or other receipt by a person of a thing guarantor binds himself to the Delivery of movable to secure Delivery of an immovable creditor acquires the right to personal property is recorded in
the borrower a non- consumable thing upon the belonging to another with the creditor to fulfill the obligation an obligation to secure an obligation receive the fruits of an the ChattelMortgage Register as
consumable thing so that condition that the latter shall obligation of SAFELY KEEPING it of the principal debtor in case immovable belonging to the a security for the performance of
the latter MAY USE it for a pay the same amount of and of returning it. the latter should fail to do so. debtor, with the obligation to an obligation.
certain time and return the thesame kind and quality. apply to the interest, if owing,
identical thing • Ownership and thereafter to the principal
passes
• Failure to return = • No Estafa
ESTAFA
PURPOSE USE or Possession Consumption Safekeeping Security Security Security Security Security
REQUISITES Delivery, Agreement [SOFAPD] [SOFAR] [SOFARA]
Security, Absolute Owner, Free SOFA + Registration Writing, Real Property SOFAR + Affidavit of GF
Disposal, Alienation, Public *Delivery not required for
Instrument, DELIVERY *Possession by Mortgagee VALIDITY, only required for *Possession by Mortgagee not
not required creditor to RECEIVE required
NATURE Real, Unilateral, Essentially Real, Unilateral, Gratuitous Real, Consensual, Unilateral, Accessory, Subsidiary Real, Accessory, Unilateral, Real, Accessory, Subsidiary Accessory, Formal, applies to Accessory, Formal, Unilateral
Gratuitous (indispensable), (default rule), Consensual, Gratuitous Conditional, Unilateral, Distinct Subsidiary, Indivisible ALL FRUITS (ews)
Consensual, Purely Personal Principal Person, Gratuitous default rule
(extinguished by death of
either parties) Surety: Primarily liable
FORM No form required No form required except as No form required, only delivery Must be in WRITING; No form for VALIDITY but must No form for VALIDITY but Must be in writing in order to be No form for VALIDITY but must
to interest otherwise: UNENFORCEABLE be in writing to BIND TP must be in writing to BIND VALID be in writing to BIND TP
TP • Registration + Affidavit of
GF
SUBJ. Non- Consumable Movable or Fungible Consumable Movable May be Present and Future Movable Immovable or Real Rights Interest over Immovable Movable
MATTER Immovable Contracts Future property not allowed: Future property not
• If consumable, must be for Judicial: Movable or Immovable Pledgor must be ABSOLUTE allowed: except future
EXHIBIT only OWNER IMPROVEMENTS
EXTENT Subject property only Simple or Indefinite by default: Interest and earnings; Offspring Extends to fruits, interests, ALL FRUITS w/ obligation to
FRUITS: Bailor not entitled if extent of liability not (ews) accessories apply to interest, principal
(ews) specified, G extends to
accessories and judicial costs
CONSIDERAT Liberality Promise of the borrower to GR: Liberality Same as the principal contract Pledgor, debtor: Principal Same as the principal Same as the principal contract
ION pay If onerous, profit Contract contract
TP pledgor: Liberality
OWNERSHIP PAYMENT OBLIGATIONS OF A Sec. 1 PELDGEE HAS NO RIGHT TO PROCEDURE [ENDRA] ACTUAL MARKET VALUE AT
• Bailor need not be In money DEPOSITARY GUARANTY: Contract bet. USE except: 1. Execute THE TIME OF APPLICATION
owner • Currency Degree of care, Damages, Loss Creditor and Guarantor 1. Preservation 2. Notarize
DUTY TO RETURN stipulated; • Higher degree required if GR: Acceptance by C not 2. Authorized 3. Doc Stamp Tax PAYMENT OF TAXES AND
• Within period • Legal tender onerous necessary except when “mere RIGHTS OF PLEDGOR 4. Registry of Deeds CHARGES
stipulated GR: Value at the TIME OF 1. COLLECT INTEREST AND offer” to guaranty 1. ALIENATE BUT no 5. Annotate If he doesn’t want to pay, debtor
Except: PAYMENT PRESERVE • Acceptance + Notice of transmission until consent may compel return of the
• Urgent need Extraordinary Inflation 2. MAY COMMINGLE (ews) acceptance required given by PLEDGEE LIEN CREATES A REAL property
• Precarium (no period or TIME OF MAY NOT: Guarantor: [SIC] 2. demand DEPOSIT in case of RIGHT = EVEN IF
merely tolerated) ESTABLISHMENT OF • TRASFER TO TP (ews) If • Sufficient Property willfull impairment by DISPOSED BY RIGHT TO APPLY FRUITS
• Ingratitude OBLIGATION TP manifestly careless, still • Integrity pledgee MORTGAGOR Unlike mortgage, creditor
LIABLE • Capacity 3. PREFERRED BIDDER acquires only the right to receive
NO RIGHT TO LEND Other than money USE (ews or preservation)If If chosen by TP: C may choose CREDITOR MAY ASSIGN thefruits of the property; not a
• Bailor has no right • Value at TIME allowed: irregular deposit another G in case of subsequent RIGHTS OF PLEDGEE MORTGAGE CREDIT; real right
but members of OF PERFECTION 3. RETURN loss of SIC 1. RETENTION UNTIL FULL need not be registered
household may use OF LOAN May be demanded ANYTIME If G was chosen by G: he cannot PAYMENT

SUMMARY OF RULES TABLES (FORECLOSURE AND CONCURRENCE NOT INCLUDED) G. HICBAN

 [CREDTRANS CHARTS]

(ews) even if there is a stipulation 2. APPLY FRUITS TO PROHIBITION OF

LOSS INTEREST [SWL] Place: Designated; BENEFIT OF EXCUSSION INTEREST, PRINCIPAL ALIENATION BY
“Res Perit Domino” Stipulated, Written, Lawful Where it is found • EXCEPT [PAIRS] 3. IF DECEIVED AS TO MORTGAGOR IS NOT
• Fortuitous event: What: Thing, Accessories, • Presumed debt will not be QUALITY ALLOWED except when
Borne by the Interest for USE Products satisfied • SUBSTITUTION merely REGULATING
owner (bailor) • Must be in 4. NOT TO OPEN • Abscond (debtor) • IMMEDIATE
Except: writing Except: • Insolvent (debtor) PAYMENT In w/c case:
[BDATI] Legal Interest by way of (a) delivery of keys • Renouncement 4. PUBLIC SALE CREDITOR HAS RIGHT
• Bad Faith Damages: 6% (b) instructions may not • Solidary liability [DU-PA-NO-NO] TO CLAIM FROM TP
• Delay • Need not be in be fulfilled w/o opening OTHERS: Due POSSESSOR if there has
• Appraisal writing 5. NOT TO DEMAND PROOF OF • G is a judicial bondsman Public Auction been DEMAND + Failure to
• Third Party • Upon DELAY or OWNERSHIP • G is secured by pledge or Notarized PAY
(lending w/o extrajudicial 6. IF BROKEN= Liable for mortgage Notification
authority) DEMAND damages (PRESUMED AT • Failure to interpose as
• Ingratitude FAULT)+ DUTY to KEEP defense SALE=EXTINGUISHMENT
EXPENSES Compounding Interest SECRET Pledgee not entitled to
• Failure to comply with
Ordinary: borrower • Interest over REQUIREMENT OF deficiency; pledgor not
Extraordinary: lender legal interest 7. ADVISE True owner of stolen entitled to excess (ews)
CLAIM + FACILITATE
Notice required • Either judicially goods if known; 1 month period Except: Legal Pledge
• (Art. 2060)
except when demanded or RETURN if stolen but unknown
urgent expressly owner 5. CHOOSE (SEVERAL THINGS
COMPROMISE
Actual use w/o fault: BORNE stipulated • If bet. D and G: must not PLEDGED)
EQUALLY OBLIGATIONS OF DEPOSITOR
prejudice Creditor
Usury 1. REIMBURSE
• If bet. C and G: must not
RIGHT OF RETENTION DEAD LAW (a) for necessary expenses if
prejudice Debtor
GR: No right • Determined on a GRATUITOUS
Except: case to case (b) Loss arising from character
BENEFIT OF DIVISION
• Hidden defects basis Except when
i. depositor not aware • Several Guarantors =
[F-HAAD] debt is divided among them
• FLAW or defect ii. assumption of risk by
depositary (i.e. notice) • (ews) or solidary
• HIDDEN debtors
• lender is AWARE Sec. 2
2. PAY
• lender does not INDEMNITY: Contract between
Otherwise, it shall be subject to
ADVISE Debtor and Guarantor
legal pledge
• borrower suffers Coverage [TA-LI-E-D]
DAMAGES NECESSARY DEPOSIT • Total Amount
1. Legal Obligation • Legal Interest
ABANDONMENT 2. Calamity (quasi-contract) • Expenses
• May not be done to 3. Hotel • Damages
exempt lender • NOTICE + PRECAUTION NOTE:
from payment for 1. NOTICE OF PAYMENT TO
• SERVANTS
expenses DEBTOR BY G
• OR STRANGERS use of arms
or irresistible force 2. SUBROGATION AS
• ACT NOT IMPUTABLE TO CONSEQUENCE OF PAYMENT
GUEST

STIPULATION TO SUPRESS
HOTEL’S DUTIES=VOID
HOTEL HAS RIGHT TO LEGAL
PLEDGE for debts

EGEND: EWS = EXCEPT WHEN STIPULATED

SUMMARY OF RULES TABLES (FORECLOSURE AND CONCURRENCE NOT INCLUDED) G. HICBAN