Short answer. Yes, temporarily. Under Article 1885, a person who declines an agency is still bound to observe the diligence of a good father of a family in the custody and preservation of the goods forwarded to him — until the owner appoints another agent or takes charge of them.
What the law says
In case a person declines an agency, he is bound to observe the diligence of a good father of a family in the custody and preservation of the goods forwarded to him by the owner until the latter should appoint an agent or take charge of the goods.
Civil Code, Article 1885 — Duty of One Who Declines an Agency. Read the full provision →
Declining does not mean abandoning the goods
Saying no to an agency does not automatically discharge you of all responsibility for property that has already reached your hands. Article 1885 provides that in case a person declines an agency, he is bound to observe the diligence of a good father of a family in the custody and preservation of the goods forwarded to him by the owner until the latter should appoint an agent or take charge of the goods. So if an owner sent you goods expecting you to act, and you decline the appointment, you cannot simply let the goods spoil, wander off or be stolen.
What the duty is — and is not
The standard is the diligence of a good father of a family — ordinary, reasonable care, the care a prudent person takes of his own things. It is a caretaker's duty, not an agent's. You are not obliged to carry out the transaction the owner had in mind, to manage or deal with the goods, or to do anything beyond keeping them safe. You simply hold and preserve them. So a person who declined the agency must store the goods sensibly, protect them from obvious harm, and not deal with them as if they were his own — but he need not perform the job he refused.
When the duty ends
The obligation is expressly time-limited. It lasts until the latter should appoint an agent or take charge of the goods. So the caretaker's duty runs only until the owner steps back in — either by naming someone else to receive and handle the goods, or by taking them back himself. Once that happens, the person who declined is free of the goods. This is why prompt communication matters: a person who has declined should tell the owner at once, both that he will not act and that the goods are being held pending instructions, so the owner can move quickly to collect them or send another agent.
If goods arrive with an agency you refuse
If someone forwards you goods expecting you to act and you do not want the job, do two things. Tell the owner promptly and clearly that you decline, so he can appoint someone else or reclaim the goods. And in the meantime, keep the goods with reasonable care — do not leave them exposed, do not use or dispose of them, and note their condition on arrival. Your responsibility is only to preserve them until the owner takes over, but it is a real responsibility: if the goods are damaged through your neglect while in your custody, you can be liable for it despite having declined the agency itself.