7/25/2019 20. Gaviera v Tavera
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20. GAVIERES v TAVERA
November 14, 1901
FACTS:
Don Manuel Garcia Gavieres instituted a case against Don Felix
Pardode Tavera for the collection of a balance of 1,423.!, the
re"aining balanceon an original obligation of 3,###.##. $ased on
the ac%no&ledg"ent recei'tof a su" of "one( signed b( Tavera,
he is obliged to 'a( 3,###.## in 2"onths &ith )* interest 'er
annu" &ith h('othecation of goods as securit(of the 'a("ent.
+o&ever, Tavera argued that the docu"ent stating
hisindebtedness is not an evidence of de'osit but of a contract of
loan, and thatthe 'rescri'tion a''licable to loans has extinguished
the right of action. uchargu"ent &as contested b( Gavieres b(
urging other&ise. Pertinentl(, theac%no&ledge"ent recei't
indicates-
"Received of Senorita Ignacia, de Gorricho the sum of 3,000
pesos, gold(3,000 pesos), as a deposit payable on to months! notice
in advance,ith interest at per cent per annum ith an hypothecation
of thegoods no oned by me or hich may be oned hereafter, as
securityof the payment# "In itness hereof I sign in $inondo,
%anuary 3&, &'#
"*+I- ./R1 +2/+R/#"
ISSUE: /0 the ac%no&ledge"ent recei't is an evidence of
contract ofloan and not of de'osit.
HELD:
. lthough in the docu"ent in uestion a de'osit is s'o%en
of,nevertheless fro" an exa"ination of the entire docu"ent it
clearl( a''earsthat the contract &as a loan and that such
&as the intention of the 'arties.The obligation of the
de'ositar( to 'a( interest at the rate of ) 'er cent tothe
de'ositor su5ces to cause the obligation to be considered as a loan
and"a%es it li%e&ise evident that it &as the intention of
the 'arties that thede'ositar( should have the right to "a%e use of
the a"ount de'osited, sinceit &as sti'ulated that the a"ount
could be collected after notice of t&o"onths in advance. uch
being the case, the contract lost the character of a
de'osit and acuired that of a loan.
