Are hotels liable in the event of a robbery?

The festive New Year mood was cut short for guests staying at a hotel in Pasay City after four armed robbers stormed the building on January 2.

Some cash was taken from the hotel vault and the guests lost their valuables, including jewelry worth $29,950.

In such cases, what are the hotel's obligation to the victims?

Atty. Gaby Concepcion in "Kapuso sa Batas" explained that the Civil Code of the Philippines clearly states in Art. 1999 that "the hotel-keeper is liable for the vehicles, animals and articles which have been introduced or placed in the annexes of the hotel."

"Dagdag pa dito, nasa batas na kasama sa pananagutan na ito ang pagnanakaw o pagkawala ng mga gamit, kahit ito pa ay gawa ng mga empleyado ng hotel o ng ibang tao," Concepcion explained, citing Art. 2001

Art. 2001 states that "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."

Since the hotel in Pasay was robbed by four men with guns, it could be considered a case of force majeure.

However, Concepcion stressed that the security within the hotel should be investigated and supported the idea of looking at this case from different angles. "Kailangan tingnan kung may sabuwatan," she said.

The particular in Pasay only had one security guard and Concepcion underscored the fact the guests rely on the hotel to keep the premises secure.

"Ayon nga sa batas, kung may loss or injury dahil may negligence o pagpapabaya, malamang magkakaroon ng [liability]," she explained.

Even if you sign a waiver at the front desk that states that the hotel cannot be held liable for untoward incidents, this is nullified by the existing laws in the country.

"Specific sa batas that any notice to that effect shall be void. Hindi puwedeng bawasan o babaan ang kaniyang pananagutan for lost articles which are brought to the premises," Concepcion asserted. —NB, GMA News