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Pajuyo allowed Guevara to use his house provided he maintain it and return it upon demand. When Pajuyo demanded it back, Guevara refused. The Court of Appeals ruled their relationship was a commodatum (gratuitous loan), but the Supreme Court disagreed. A commodatum requires gratuitous use for a set time period, whereas the agreement here obligated Guevara to maintain the property, making it not gratuitous. As Guevara

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donjujoya

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EN