ART. 1287. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum.Neither can compensation be set up against a creditor who has a claim for support due by gratuitous title, without prejudice to the provisions of paragraph 2 of Article 301. (1200a)ART. 1288. Neither shall there be compensation if one of the debts consists in civil liability arising from a penal offense. (n)
The contract of depositum and commodatum cannot be compensated. Future support due by gratuitous title cannot also be compensated as stated in paragraph 2 of Art. 1287. Furthermore, civil liability arising from a penal clause cannot be compensated. In Metropolitan v. Tonda, the Supreme Court held that if one of the debts consists in civil liability arising from a
criminal offense, compensation would be improper and inadvisable
because the satisfaction of such obligation is imperative.[1][1] Metropolitan Bank & Trust Company vs. Tonda, 338 SCRA 254 (2000).