DEP-G.R.-No.-L-7097 FINISHED

VICENTE DELGADO vs.
PEDRO BONNEVIE and FRANCISCO ARANDEZ

G.R. No. L-7097. October 23, 1912. ARELLANO, C.J.
FACTS:
When Pedro Bonnevie and Francisco Arandez, defendants formed in Ambos

Camarines, a regular general partnership for engaging in the business of threshing
paddy, Vicente Delgado, plaintiff delivered to them paddy to be cleaned and
returned to him as rice, with the agreement of paying them 10 centimos for
each cavan and to have returned in the rice one-half the amount received as
paddy. Defendants issued to Delgado receipts for a total of 2,003 cavanes and
a half of paddy, from April 9 to June 8, 1898. On February 6, 1909, Delgado
appeared in the Court of First Instance of Ambos Camarines with said receipts,
demanding return of the said 2,003 and a half cavanes of paddy, or in the
absence thereof, of the price of said article at the rate of 3 pesos the cavan of
6,009 pesos and 50 centimos, with the interest thereon at 6% a year. The plaintiff
asked that the interest run from November 21, 1905, until complete payment, and
the costs because on that date his counsel demanded of the defendants, their
partnership having been dissolved, that they settle the accounts in this matter.
The court decided the case by sentencing the defendants to pay to Delgado
P2,754.81, the value of 2,003 ½ cavanes of paddy at the rate of
11 reales the cavan and 6 % interest on said sum reckoned from November 21,
1905, and the costs.
ISSUES:
1. Whether the nature of the obligation contracted by the appellants arose

primarily out of the contract of deposit.
2. Whether the possession of the appellants amounts to prescription.
3. Whether the reckoning of legal interest is correct.
RULING:
1. YES. The Court acknowledged that the obligation of the appellants arose
primarily out of the contract of deposit, but this deposit was later converted
into a contract of hire of services, and this is true. But it is also true that, after
the object of the hire of services had been fulfilled, the rice in every way
remained as a deposit in the possession of the appellants for them to return to
the depositor at any time they might be required to do so, and nothing has
relieved them of this obligation; neither the dissolution of the partnership that
united them, nor the revolutionary movement of a political character that
seems to have occurred in 1898, nor the fact that they may at some time have
lost possession of the rice.
2. NO. The possession of the appellants can in no way amount to prescription, for
the thing received on deposit or for hire of services could not prescribe, since
for every prescription of ownership the possession must be in the capacity of
an owner, public, peaceful, and uninterrupted (Civil Code, 1941); and the
appellants could not possess the rice in the capacity of owners, taking for
granted that the depositor or lessor never could have believed that he had
transferred to them ownership of the thing deposited or leased, but merely the
care of the thing on deposit and the use or profit thereof; which is expressed
in legal terms by saying that the possession of the depositary or of the lessee is
not adverse to that of the depositor or lessor, who continues to be the owner
of the thing which is merely held in trust by the depositary or lessee.
3. NO. The trial judge confined himself to sentencing the defendants to payment
of the price of the paddy, ignoring the thing itself, return whereof ought to
have been the subject of judgment in the first place, because the thing itself
appears to have been extinguished and its price has taken its place. But the
assigning of legal interest from November 21, 1905, can have no other ground
than the demand made by plaintiff's counsel upon the defendants to settle
this matter. Legal interest on delinquent debts can only be owed from the time
the principal amount constitutes a clear and certain debt, and in the present
case the principal debt has only been clear and certain since the date of the
judgment of the lower court; so the legal interest can be owed only since then.

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VICENTE DELGADO vs.

PEDRO BONNEVIE and FRANCISCO ARANDEZ

When Pedro Bonnevie and Francisco Arandez, defendants formed in Ambos

1. Whether the nature of the obligation contracted by the appellants arose

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