Short answer. Yes. Under Article 1977 of the Civil Code, a depositary is prohibited from using the deposited item without your express permission. If he uses it anyway and damage results, he is liable for that damage. The prohibition is strict — general permission is not enough, it must be express.
What the law says
The depositary cannot make use of the thing deposited without the express permission of the depositor. Otherwise, he shall be liable for damages.
Civil Code, Article 1977 — No Use Without Permission. Read the full provision →
The prohibition on use without permission
Article 1977 is clear: the depositary cannot make use of the thing deposited without the express permission of the depositor. A depositary's role is to keep the item safe, not to benefit from it. Using the item — even briefly, even carefully — without authorization is a breach of the deposit arrangement. The article does not limit this to harmful use; any unauthorized use is prohibited. If damage results from that unauthorized use, the depositary is liable for damages.
Why express permission is required
The law requires express permission, not merely implied consent. The fact that you handed the item over, or that you are friends with the keeper, or that you did not specifically say "do not use this" — none of these substitute for express authorization. This matters because a depositary who uses the item and claims the depositor "would not have minded" has no legal footing. If you want to authorize use, say so clearly — in writing if possible. If you never authorized it, the depositary had no right to use the item regardless of circumstances.
The one exception: use required for preservation
The article carves out a narrow exception: when the preservation of the thing deposited requires its use, it must be used but only for that purpose. This is a practical rule. A vehicle left in storage might need to be run periodically to prevent the engine from seizing. A piece of equipment might need to be operated to confirm it still functions. When necessity of preservation drives the use, the depositary may act — but strictly within that purpose. Using the item beyond what preservation requires, even during a "preservation" run, crosses back into unauthorized use.
What you can claim if your goods were damaged
If the depositary used your property without permission and that use caused damage, you have a basis to claim compensation for the harm. The relevant questions are: What was the item's condition before the unauthorized use? What was its condition after? What is the measurable difference in value or utility? Document the damage as soon as you discover it — photographs, written records of when you noticed the problem, and any communications with the depositary about what happened. The burden will be on you to establish that the unauthorized use caused the damage, not merely that the depositary used the item and damage exists.
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.
- Cesar V. Areza and Lolita B. Areza vs. Express Savings Bank, Inc. and Michael Potenciano, G.R. No. 176697, September 10, 2014 — read the decision on LawPhil →