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Philippine Bar review · Question

Practice question: Nature of Bank Deposits

Multiple Choice Hard Jurisprudence

Practice question

A lawyer argues that all property ever delivered to a bank, including specifically segregated property under a distinct safekeeping agreement, must be a simple loan because Article 1980 covers ordinary bank money deposits. Which analysis is correct?
  1. Article 1980 expressly converts every service into a loan.
  2. The legal nature of each arrangement must be identified; the ordinary-money-deposit rule cannot automatically be applied to every distinct safekeeping or trust service.
  3. Every bank service is necessarily a partnership.
  4. Property type and contract terms can never matter.
  5. A bank's logo decides the contract.

Legal references

  • Civil Code, Articles1953 and1980: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • RA8791, General Banking Law, Sections2 and55: https://lawphil.net/statutes/repacts/ra2000/ra_8791_2000.html
  • BDO Unibank v. People, GR255367, October2 2024, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69675

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