Liability of hotel management due to negligence

Liability of hotel management due to negligence

Dear PAO,

Last weekend, my family and I stayed in a hotel. While we were sleeping, somebody entered our room, pointed a gun at me, took my laptop and wallet, and hurriedly left the room. I immediately called hotel security and was informed that they issued a keycard to someone who claimed to be my relative after showing an ID and confirming that we had the same last name. However, the hotel receptionist did not even call me in the room to verify. Can I hold the hotel management liable for the incident?

Marcus

Dear Marcus,

Please be informed that Articles 2000, 2001, and 2002 of Republic Act (RA) 386, otherwise known as the Civil Code of the Philippines, provide:

“Article 2000. The responsibility referred to in the two preceding articles shall include the loss of, or injury to, the personal property of the guests caused by the servants or employees of the keepers of hotels or inns as well as strangers, but not that which may proceed from any force majeure. The fact that travelers are constrained to rely on the vigilance of the keeper of the hotels or inns shall be considered in determining the degree of care required of him.

“Article 2001. The act of a thief or robber, who has entered the hotel is not deemed force majeure, unless it is done with the use of arms or through an irresistible force. (n)

“Article 2002. The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss arises from the character of the things brought into the hotel.”

“The hotel business is imbued with public interest. Catering to the public, hotelkeepers are bound to provide not only lodging for their guests but also security to the persons and belongings of their guests. The twin duty constitutes the essence of the business. Applying by analogy Article 2000, Article 2001 and Article 2002 of the Civil Code (all of which concerned the hotelkeepers’ degree of care and responsibility as to the personal effects of their guests), we hold that there is much greater reason to apply the same if not greater degree of care and responsibility when the lives and personal safety of their guests are involved. Otherwise, the hotelkeepers would simply stand idly by as strangers have unrestricted access to all the hotel rooms on the pretense of being visitors of the guests, without being held liable should anything untoward befall the unwary guests. That would be absurd, something that no good law would ever envision.” (Emphasis supplied)

Pursuant to the aforementioned provisions of the law and the decision of the Supreme Court, the hotel where you stayed may be held liable if it is proven that they have been negligent in their duty to take care of your security as a hotel guest. Once it is established in court that the hotel management committed negligence in allowing unauthorized access into your hotel room, they may be made liable for its effects. In this regard, you should file a case in court to determine the responsibility of the hotel and its management.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]