Short answer. It is a commodatum — a loan for use. Under Civil Code Article 1936, even consumable goods like wine can be the subject of commodatum if the purpose is not consumption but exhibition. Because you lent the bottles purely for display, the shop owner must return the same bottles to you, not replacements.
What the law says
Consumable goods may be the subject of commodatum if the purpose of the contract is not the consumption of the object, as when it is merely for exhibition.
Civil Code, Article 1936 — Consumables in Commodatum. Read the full provision →
Commodatum and mutuum: the basic difference
Philippine law recognises two main types of personal loan. A mutuum (simple loan) involves goods that are consumed — the borrower takes ownership and returns an equal quantity of the same kind and quality. A commodatum (loan for use) involves goods that are returned in their original form — the borrower never acquires ownership and must hand back the very same thing. The distinction matters because in a mutuum, risk of loss passes to the borrower; in a commodatum, the lender retains ownership and bears certain risks.
The purpose, not the nature of the goods, controls the classification
Wine bottles are ordinarily consumable — they are meant to be opened and drunk. That would normally make them the subject of a mutuum. But Article 1936 flips the analysis when the purpose of the contract is not consumption. When the parties agreed that the bottles are for display only, the contract's intent governs. You did not lend the shop owner wine to sell or consume; you lent wine bottles as display items. That purpose transforms what would otherwise be a mutuum into a commodatum.
What follows from this classification
In a commodatum, the bailee — the shop owner here — must return the exact same objects. They cannot open and drink the wine and hand you replacements. They cannot sell the bottles and offer cash instead. The obligation is to preserve and return the specific bottles you lent, in the condition they received them, when the exhibition period ends or the contract terminates. If the bottles are lost, damaged, or consumed in violation of the agreement, the bailee is liable to you for their value.
What to do if you are in this situation
If you lent goods for exhibition and are now worried they will be used up or not returned, the nature of your agreement as a commodatum gives you a basis to demand return of the same items. Document the loan in writing if you have not already — note the items, their condition, the purpose (display only), and when they are due back. A written record makes enforcement straightforward. If the goods have already been consumed or damaged, the question shifts to compensation, and the terms of your arrangement and the value of the items become central.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Producer's Bank of the Philippines (now First International Bank) vs. Hon. Court of Appeals, et al, G.R. No. 115324, February 19, 2003 — read the decision on LawPhil →