Professional Documents
Culture Documents
*
G.R. No. 126780. February 17, 2005.
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* SECOND DIVISION.
639
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641
safety deposit box without fear of any liability that will attach
thereafter in case such person turns out to be a complete stranger.
This will allow the hotel to evade responsibility for any liability
incurred by its employees in conspiracy with the guest’s relatives
and visitors.
642
643
TINGA, J.:
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the keys for the safety deposit boxes of Tropicana. Tan took
care of McLoughlin’s booking at the Tropicana where he
started staying during his trips to 3
the Philippines from
December 1984 to September 1987.
On 30 October 1987, McLoughlin arrived from Australia
and registered with Tropicana. He rented a safety deposit
box as it was his practice to rent a safety deposit box every
time he registered at Tropicana in previous trips. As a
tourist, McLoughlin was aware of the procedure observed
by Tropicana relative to its safety deposit boxes. The safety
deposit box could only be opened through the use of two
keys, one of which is given to the registered guest, and the
other remaining in the possession of the management of
the hotel. When a registered guest wished to open his
safety deposit box, he alone could personally request the
management who then would assign one of its employees to
accompany the guest and assist 4
him in opening the safety
deposit box with the two keys.
McLoughlin allegedly placed the following in his safety
deposit box: Fifteen Thousand US Dollars (US$15,000.00)
which he placed in two envelopes, one envelope containing
Ten Thousand US Dollars (US$10,000.00) and the other
envelope Five Thousand US Dollars (US$5,000.00); Ten
Thousand Australian Dollars (AUS$10,000.00) which he
also placed in another envelope; two (2) other envelopes
containing letters and credit cards; two (2) bankbooks; and
a checkbook,
5
arranged side by side inside the safety deposit
box.
On 12 December 1987, before leaving for a brief trip to
Hongkong, McLoughlin opened his safety deposit box with
his key and with the key of the management and took
therefrom the envelope containing Five Thousand US
Dollars (US$5,000.00), the envelope containing Ten
Thousand Aus-
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3 Id., at p. 119.
4 Id., at p. 120.
5 Ibid.
645
tralian Dollars
6
(AUS$10,000.00), his passports and his
credit cards. McLoughlin left the other items in the box as
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6 Ibid.
7 Ibid.
8 Ibid.
9 Ibid.
646
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647
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15 Exh. “W”.
16 Rollo, p. 122.
17 Ibid.
18 Ibid.
648
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19 Id., at p. 123.
20 Records, p. 52.
649
21
place prior to 16 April 1988. The trial court admitted the
Amended/Supplemental Complaint.
During the trial of the case, McLoughlin had been in and
out of the country to attend to urgent business in Australia,
and while staying in the Philippines to attend the hearing,
he incurred expenses for hotel bills, airfare and other
transportation expenses, long distance calls to Australia,
Meralco power expenses, 22and expenses for food and
maintenance, among others.
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21 Rollo, p. 125.
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650
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TOTAL................................................................... P5,135,038.64
ATTORNEY’S FEES.................................................. 200,000.00
Plus, appearance
fee of P3,000.00 for
every court appearance.
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desire
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to recover his losses from the hotel management and
Tan.
As regards the loss of Seven Thousand US Dollars
(US$7,000.00) and jewelry worth approximately One
Thousand Two Hundred US Dollars (US$1,200.00) which
allegedly occurred during his stay at Tropicana previous to
4 April 1988, no claim was made by McLoughlin for such
losses in his complaint dated 21 November 1990 because he
was not sure how they were lost and who the responsible
persons were. But considering the admission of the
defendants in their pre-trial brief that on three previous
occasions they allowed Tan to open the box, the trial court
opined that it was logical and reasonable to presume that
his personal assets consisting of Seven Thousand US
Dollars (US$7,000.00) and jewelry were taken by Tan from
the safety deposit box without McLoughlin’s 25
consent
through the cooperation of Payam and Lainez.
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652
The trial court also found that defendants acted with gross
negligence in the performance and exercise of their duties
and obligations as innkeepers and were therefore
26
liable to
answer for the losses incurred by McLoughlin.
Moreover, the trial court ruled that paragraphs (2) and
(4) of the “Undertaking For The Use Of Safety Deposit Box”
are not valid for being contrary to the express mandate of
Article27 2003 of the New Civil Code and against public
policy. Thus, there being fraud or wanton conduct on the
part of defendants, they should be responsible for all
damages which may be attributed 28
to the non-performance
of their contractual obligations.
The Court of Appeals affirmed the disquisitions made by
the lower court except as to the amount of damages
awarded. The decretal text of the appellate court’s decision
reads:
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26 Id., at p. 134.
27 Id., at p. 135.
28 Id., at p. 138.
653
With costs. 29
SO ORDERED.”
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654
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655
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33 Id., at p. 125.
34 Id., at p. 128.
656
657
35
prove the negligence of such employer. Thus, given the
fact that the loss of McLoughlin’s money was consummated
through the negligence of Tropicana’s employees in
allowing Tan to open the safety deposit box without the
guest’s consent, both the assisting employees and YHT
Realty Corporation itself, as owner and operator of
Tropicana, should
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be held solidarily liable pursuant to
Article 2193.
The issue of whether the “Undertaking For The Use of
Safety Deposit Box” executed by McLoughlin is tainted with
nullity presents a legal question appropriate for resolution
in this petition. Notably, both the trial court and the
appellate court found the same to be null and void. We find
no reason to reverse their common conclusion. Article 2003
is controlling, thus:
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hotels or inns as well as by strangers; but not that which may proceed
from any force majeure. The fact that travellers are constrained to rely on
the vigilance of the keeper of the hotel or inn shall be considered in
determining the degree of care required of him.
Art. 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.
38 De Los Santos v. Tan Khey, 58 O.G. No. 45-53, p. 7693.
39 Ibid., at pp. 7694-7695.
40 Exh. “W”.
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660
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47 Zagala v. Jimenez, G.R. No. 33050, July 23, 1987, 152 SCRA 147.
“According to the case of Phoenix Assurance Company v. Macondray &
Co., Inc., (64 SCRA 15) a judgment awarding an amount in U.S. dollars
may be paid with its equivalent amount in local currency based on the
conversion rate prevailing at the time of payment. If the parties cannot
agree on the same, the trial court should determine such conversion rate.
Needless to say, the judgment debtor may simply satisfy said award by
paying in full the amount in U.S. dollars.”
48 Exh. “V”.
49 Exh. “CC”, p. 146.
50 Id. The Court of Appeals noted that during his stay in the
Philippines, McLoughlin’s time was not totally devoted to following up his
claim as he had business arrangements to look into.
51 Ibid.
52 Ibid.
53 Ibid. Expenses for power and air-conditioning were separate from
room payment.
54 Ibid. Business losses were rejected because of lack of proof.
662
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663
With costs.
SO ORDERED.
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Judgment affirmed.
——o0o——
664
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