Short answer. Yes, in almost all cases. Article 1988 of the Civil Code requires that the deposited item be returned upon the depositor's demand, even if a specific return date was agreed upon. The agreed period does not override the depositor's right to take back what belongs to them.
What the law says
The thing deposited must be returned to the depositor upon demand, even though a specified period or time for such return may have been fixed.
Civil Code, Article 1988 — Return on Demand. Read the full provision →
The agreed date is not a lock
A common misconception about deposit arrangements is that a fixed return date works like a term — that the keeper holds the item until that date regardless of what the owner wants. Article 1988 directly rejects that idea. The thing deposited must be returned to the depositor upon demand, even though a specified period or time for such return may have been fixed. The deposit arrangement exists to benefit the owner, not to restrict access to the owner's own property. The keeper has no independent interest in holding on to the item until the agreed date.
Why the rule is structured this way
A deposit is a contract of safekeeping. The depositary's role is custodial — to protect the item until the owner wants it back. The fixed period in a deposit agreement typically exists for the owner's convenience, signaling when retrieval is planned, not creating a minimum holding period that the depositary can enforce. If the owner changes plans and needs the item sooner, there is no legal basis for the keeper to refuse. Holding someone's property against their will, even under an agreement, crosses into territory the law does not sanction.
The two situations where return may be delayed
Article 1988 does recognize two exceptions where the depositary cannot simply hand the item back on demand. First, if the item has been judicially attached while in the depositary's possession — meaning a court has ordered it held as security — return must wait for the court's direction. Second, if the depositary has been notified of the opposition of a third person to the return or the removal of the thing deposited, return is also suspended. In both cases, the depositary must immediately inform the depositor what has happened. These are narrow exceptions; absent them, the general rule of return on demand applies.
What to do when the owner comes for the item
If none of the exceptions apply — no attachment order, no third-party opposition — return the item when the owner asks. If you have incurred expenses in keeping the item, you may have a right to reimbursement, but that is separate from the return obligation and does not entitle you to withhold the item indefinitely. Document the return: get a written acknowledgment from the owner that the item was received back, in what condition, and on what date. That record protects you if any dispute arises later about the item's state when it was returned.
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.
- Sps. Godfrey and Gerardina Serfino vs. Far East Bank and Trust Company, Inc., now Bank of the Philipine Islands, G.R. No. 171845, October 10, 2012 — read the decision on LawPhil →