12 De los Santos v Tan Khey (1962)Facts

 
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De los Santos (Plaintiff) lodged in the International Hotel in Iloilo
City, which was owned byTan Khey (Defendant).
o
 
When Plaintiff arrived in the hotel, he left shortly thereafter,
depositing his revolverand bag with a certain Abutanatin. The
latter was in charge of the hotel.
o
 
The bag contained a birthstone ring, an eyeglass, and a
pocketbook.
o
 
He returned that evening and took his things from Abutanatin.
o
 
When he got into his room, he locked the door and went to sleep.
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The next morning, he woke up and found that the door to his
room was open and that hispants and bag containing the revolver
was missing.
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When he reported the incident to the authorities, a secret service
agent investigated thematter and found that a wall of the room
of the Plaintiff was only 7 feet high and had anopening from
which one could enter from the outside.
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Tan Khey disclaims liability for the loss, saying that the things
were not deposited with themanager at the time they were lost
despite notice to that effect posted in the hotel.
o
 
He likewise claims that to be liable under Art. 1998 of the Civil
Code, the followingmust concur
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Deposit of effects made by travelers in hotels or inns
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Notice was given to the hotel keeper or employee of the effects
brought byguests
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That the guests/travelers take the precautions advised by the
hotelkeepers/employees relative to the vigilance of their effects
Issue
 W/N Tan Khey, as owner of the hotel, is liable for the loss
despite their being lost not while in actualcustody of an employee
of the hotel, having no notice of the effects lost, and for failure of
De losSantos to take the necessary precautions advised by the
hotel.
Held
YES.
Under Art. 1998, when the law speaks of “depositing of effects by travelers
in hotels or inns,” it
does not mean that there is a personal receipt by the innkeeper
of such effects.

 
This is so because nature of the business of an innkeeper is
not only to provide lodgings, butalso to provide security to their
persons and effects.
o
 
Such security is not only confined to those effects actually
delivered to theinnkeeper for safekeeping, but also to
all effects
 
brought 
 in the hotel.

 
Also, a hotel has supervision and control of the premises thereof.
o
 
The guests being strangers to the place, they must rely on the
vigilance andprotection of the innkeepers over the effects placed
in the premises of the hotel