Necessary Deposit

A deposit is necessary
1) When it is made in compliance with a legal
obligation (Art. 1996)
2) When it takes place on the occasion of any
calamity, such as fire, storm, flood, pillage,
shipwreck, or other similar events (Art. 1996)
3) Made by travelers in hotels or inns (Art. 1998)
4) Made by passengers with common carriers
(Art. 1754)
 When it is made in compliance with a
legal obligation (Art. 1996)
Judicial deposit of a thing the possession of which
is being disputed in litigation by 2 or more
persons
Deposit of a thing pledged when the creditor uses
the same without the authority of the owner or
misuses it in any other way
Those provided in suits as provided in the Rules
of Court
Those constituted to guarantee contracts with
the government
When it takes place on the occasion of
any calamity, such as fire, storm, flood,
pillage, shipwreck, or other similar
events (Art. 1996)

a. Deposit created by accident or fortuitous

event
b. Governing rules
Deposit by travelers in hotels or inns
(Art. 1998)

Before keepers of hotels or inns may be held

responsible as depositaries with regard to the
effects of their guests
Elements
a. They have been previously informed about
the effects brought by the guests; and
b. That the latter have taken the precautions
prescribed regarding their safekeeping
Extent of Liability (Art. 1999)

a. Liability in hotel rooms which come under

the term baggage or articles
b. Include those lost or damages in hotel
annexes
When hotel-keeper liable

1. The loss or injury is caused by his servants or

employees as well as by strangers (Art.2000)
2. The loss is caused by the act of a thief or
robber done without the use of arms and
irresistible force (Art. 2001)
When hotel-keeper not liable

a. The loss or injury is caused by force majeure

like flood, fire, robbery committed by a
stranger by force or intimidation (Art. 2000,2001)
b. The loss is due to the acts of the guests, his
family, servants or visitors (Art. 2002)
c. The loss arises from the character of the
things brought into the hotel
Exemption or Diminution of liability
(Art. 2003)

The hotel-keeper cannot free himself from

responsibility by posting notices to the effect
that he is not liable for the articles brought by
the guest.

Effect:
Any stipulation between the hotel-keeper and
the guest whereby the responsibility of the
former as set forth in articles 1998 to 2001 is
suppressed or diminished shall be VOID.
Hotel-keepers Right to Retain (Art. 2004)

The hotel-keeper has a right to retain the things

brought into the hotel by the guest, as a security
for credits on account of
a. Lodging
b. Supplies usually furnished to hotel guests