CA AGRO-INDUSTRIAL DEVELOPMENT CORP. vs.

THE HONORABLE COURT OF APPEALS often described as contractual, express or implied, oral or written, in whole or in part. But there is
apparently no jurisdiction in which any rule other than that applicable to bailments governs
FACTS : Is the contractual relation between a commercial bank and another party in a contract of rent questions of the liability and rights of the parties in respect of loss of the contents of safe-deposit
of a safety deposit box with respect to its contents placed by the latter one of bailor and bailee or one of boxes. 22 (citations omitted)
lessor and lessee?
It is not correct to assert that the Bank has neither the possession nor control of the contents of the box
Petitioner (through its President, Sergio Aguirre) and the spouses Ramon and Paula Pugao entered into since in fact, the safety deposit box itself is located in its premises and is under its absolute control;
an agreement whereby the former purchased from the latter two (2) parcels of land. P75,725.00 was moreover, the respondent Bank keeps the guard key to the said box. As stated earlier, renters cannot
paid as downpayment while the balance was covered by three (3) postdated checks and based on the open their respective boxes unless the Bank cooperates by presenting and using this guard key. Clearly
agreement the titles to the lots shall be transferred to the petitioner upon full payment of the purchase then, to the extent above stated, the foregoing conditions in the contract in question are void and
price and that the owner's copies of the certificates of titles thereto, Transfer Certificates of Title (TCT) ineffective. It has been said:
Nos. 284655 and 292434, shall be deposited in a safety deposit box of any bank. The same could be
withdrawn only upon the joint signatures of a representative of the petitioner and the Pugaos upon full With respect to property deposited in a safe-deposit box by a customer of a safe-deposit
payment of the purchase price. Petitioner, through Sergio Aguirre, and the Pugaos then rented Safety company, the parties, since the relation is a contractual one, may by special contract define
Deposit Box No. 1448 of private respondent Security Bank and Trust Company, a domestic banking their respective duties or provide for increasing or limiting the liability of the deposit company,
corporation hereinafter referred to as the respondent Bank. For this purpose, both signed a contract of provided such contract is not in violation of law or public policy. It must clearly appear that
lease stating that the nank is not depositary of the contents of the safe neither the possession nor there actually was such a special contract, however, in order to vary the ordinary obligations
control of the same and assumes absolutely no liability in connection therewith. implied by law from the relationship of the parties; liability of the deposit company will not be
enlarged or restricted by words of doubtful meaning. The company, in renting safe-deposit
Thereafter, a certain Mrs. Margarita Ramos offered to buy from the petitioner the two (2) lots at a price boxes, cannot exempt itself from liability for loss of the contents by its own fraud or negligence
of P225.00 per square meter which, as petitioner alleged in its complaint, translates to a profit of or that of its agents or servants, and if a provision of the contract may be construed as an
P100.00 per square meter or a total of P280,500.00 for the entire property. Mrs. Ramos demanded the attempt to do so, it will be held ineffective for the purpose. Although it has been held that the
execution of a deed of sale which necessarily entailed the production of the certificates of title. In view lessor of a safe-deposit box cannot limit its liability for loss of the contents thereof through its
thereof, Aguirre, accompanied by the Pugaos, then proceeded to the respondent Bank on 4 October own negligence, the view has been taken that such a lessor may limits its liability to some
1979 to open the safety deposit box and get the certificates of title. However, when opened in the extent by agreement or stipulation. 30 (citations omitted)
presence of the Bank's representative, the box yielded no such certificates. Hence, the latter filed on 1
September 1980 a complaint 2 for damages against the respondent Bank with the Court of First Thus, we reach the same conclusion which the Court of Appeals arrived at, that is, that the petition
Instance. In its answer with counterclaim, respondent bank alleges that the petitioner has no cause of should be dismissed, but on grounds quite different from those relied upon by the Court of Appeals. In
action because of the provisions stated in the contract of lease. the instant case, the respondent Bank's exoneration cannot, contrary to the holding of the Court of
Appeals, be based on or proceed from a characterization of the impugned contract as a contract of
The trial court rendered a decision adverse to the petitioner. The unfavorable verdict is based on the lease, but rather on the fact that no competent proof was presented to show that respondent Bank was
trial court's conclusion that under paragraphs 13 and 14 of the contract of lease, the Bank has no aware of the agreement between the petitioner and the Pugaos to the effect that the certificates of title
liability for the loss of the certificates of title. The court declared that the said provisions are binding on were withdrawable from the safety deposit box only upon both parties' joint signatures, and that no
the parties. evidence was submitted to reveal that the loss of the certificates of title was due to the fraud or
negligence of the respondent Bank. This in turn flows from this Court's determination that the contract
ISSUE : the contractual relation between a commercial bank and another party in a contract of rent of a involved was one of deposit. Since both the petitioner and the Pugaos agreed that each should have
safety deposit box with respect to its contents placed by the latter one of bailor and bailee or one of one (1) renter's key, it was obvious that either of them could ask the Bank for access to the safety
lessor and lessee? deposit box and, with the use of such key and the Bank's own guard key, could open the said box,
without the other renter being present.
RULINGS : We observe, however, that the deposit theory itself does not altogether find unanimous
support even in American jurisprudence. We agree with the petitioner that under the latter, the SILVESTRA BARON vs. PABLO DAVID
prevailing rule is that the relation between a bank renting out safe-deposit boxes and its customer with
respect to the contents of the box is that of a bail or and bailee, the bailment being for hire and These two actions were instituted in the Court of First Instance of the Province of Pampanga by the
mutual benefit. 21 This is just the prevailing view because: respective plaintiffs, Silvestra Baron and Guillermo Baron, for the purpose of recovering from the
defendant, Pablo David, the value of palay alleged to have been sold by the plaintiffs to the defendant
There is, however, some support for the view that the relationship in question might be more in the year 1920. Owing to the fact that the defendant is the same in both cases and that the two cases
properly characterized as that of landlord and tenant, or lessor and lessee. It has also been depend in part upon the same facts, the cases were heard together in the trial court and determined in
suggested that it should be characterized as that of licensor and licensee. The relation between a single opinion. The same course will accordingly be followed here.
a bank, safe-deposit company, or storage company, and the renter of a safe-deposit box therein,
is
In the first case, i. e., that which Silvestra Baron is plaintiff, the court gave judgment for her to recover of the defendant the sum of P5,238.51, with costs. From this judgment both the plaintiff and the defendant
appealed. palay was mixed with that of others. In view of the nature of the defendant's activities and the way in
which the palay was handled in the defendant's mill, it is quite certain that all of the plaintiffs' palay,
In the second case, i. e., that in which Guillermo Baron, is plaintiff, the court gave judgment for him to which was put in before June 1, 1920, been milled and disposed of long prior to the fire of January 17,
recover of the defendant the sum of P5,734.60, with costs, from which judgment both the plaintiff and 1921. Furthermore, the proof shows that when the fire occurred there could not have been more than
the defendant also appealed. In the same case the defendant interposed a counterclaim in which he about 360 cavans of palay in the mill, none of which by any reasonable probability could have been any
asked credit for the sum of P2,800 which he had advanced to the plaintiff Guillermo Baron on various part of the palay delivered by the plaintiffs. Considering the fact that the defendant had thus milled and
occasions. This credit was admitted by the plaintiff and allowed by the trial court. But the defendant also doubtless sold the plaintiffs' palay prior to the date of the fire, it result that he is bound to account for its
interposed a cross-action against Guillermo Baron in which the defendant claimed compensation for value, and his liability was not extinguished by the occurence of the fire. In the briefs before us it seems
damages alleged to have Ben suffered by him by reason of the alleged malicious and false statements to have been assumed by the opposing attorneys that in order for the plaintiffs to recover, it is
made by the plaintiff against the defendant in suing out an attachment against the defendant's property necessary that they should be able to establish that the plaintiffs' palay was delivered in the character of
soon after the institution of the action. In the same cross-action the defendant also sought a sale, and that if, on the contrary, the defendant should prove that the delivery was made in the
compensation for damages incident to the shutting down of the defendant's rice mill for the period of character of deposit, the defendant should be absolved. But the case does not depend precisely upon
one hundred seventy days during which the above-mentioned attachment was in force. The trial judge this explicit alternative; for even supposing that the palay may have been delivered in the character of
disallowed these claims for damages, and from this feature of the decision the defendant appealed. We deposit, subject to future sale or withdrawal at plaintiffs' election, nevertheless if it was understood that
are therefore confronted with five distinct appeals in this record. the defendant might mill the palay and he has in fact appropriated it to his own use, he is of course
bound to account for its value. Under article 1768 of the Civil Code, when the depository has permission
Prior to January 17, 1921, the defendant Pablo David has been engaged in running a rice mill in the to make use of the thing deposited, the contract loses the character of mere deposit and becomes a
municipality of Magalang, in the Province of Pampanga, a mill which was well patronized by the rice loan or acommodatum; and of course by appropriating the thing, the bailee becomes responsible for its
growers of the vicinity and almost constantly running. On the date stated a fire occurred that destroyed value. In this connection we wholly reject the defendant's pretense that the palay delivered by the
the mill and its contents, and it was some time before the mill could be rebuilt and put in operation plaintiffs or any part of it was actually consumed in the fire of January, 1921. Nor is the liability of the
again. Silvestra Baron, the plaintiff in the first of the actions before us, is an aunt of the defendant; while defendant in any wise affected by the circumstance that, by a custom prevailing among rice millers in
Guillermo Baron, the plaintiff in the other action; is his uncle. In the months of March, April, and May, this country, persons placing palay with them without special agreement as to price are at liberty to
1920, Silvestra Baron placed a quantity of palay in the defendant's mill; and this, in connection with withdraw it later, proper allowance being made for storage and shrinkage, a thing that is sometimes
some that she took over from Guillermo Baron, amounted to 1,012 cavans and 24 kilos. During done, though rarely.
approximately the same period Guillermo Baron placed other 1,865 cavans and 43 kilos of palay in the
mill. No compensation has ever been received by Silvestra Baron upon account of the palay delivered In view of what has been said it becomes necessary to discover the price which the defendant should
by Guillermo Baron, he has received from the defendant advancements amounting to P2,800; but apart be required to pay for the plaintiffs' palay. Upon this point the trial judge fixed upon P6.15 per cavan;
from this he has not been compensated. Both the plaintiffs claim that the palay which was delivered by and although we are not exactly in agreement with him as to the propriety of the method by which he
them to the defendant was sold to the defendant; while the defendant, on the other hand, claims that arrived at this figure, we are nevertheless of the opinion that, all things considered, the result is
the palay was deposited subject to future withdrawal by the depositors or subject to some future sale approximately correct. It appears that the price of palay during the months of April, May, and June,
which was never effected. He therefore supposes himself to be relieved from all responsibility by virtue 1920, had been excessively high in the Philippine Islands and even prior to that period the Government
of the fire of January 17, 1921, already mentioned. of the Philippine Islands had been attempting to hold the price in check by executive regulation. The
highest point was touched in this season was apparently about P8.50 per cavan, but the market began
The plaintiff further say that their palay was delivered to the defendant at his special request, coupled to sag in May or June and presently entered upon a precipitate decline. As we have already stated, the
with a promise on his part to pay for the same at the highest price per cavan at which palay would sell plaintiffs made demand upon the defendant for settlement in the early part of August; and, so far as we
during the year 1920; and they say that in August of that year the defendant promised to pay them are able to judge from the proof, the price of P6.15 per cavan, fixed by the trial court, is about the price
severally the price of P8.40 per cavan, which was about the top of the market for the season, provided at which the defendant should be required to settle as of that date. It was the date of the demand of the
they would wait for payment until December. The trial judge found that no such promise had been plaintiffs for settlement that determined the price to be paid by the defendant, and this is true whether
given; and the incredulity of the court upon this point seems to us to be justified. A careful examination the palay was delivered in the character of sale with price undetermined or in the character of deposit
of the proof, however, leads us to the conclusion that the plaintiffs did, some time in the early part of subject to use by the defendant. It results that the plaintiffs are respectively entitle to recover the value
August, 1920, make demand upon the defendant for a settlement, which he evaded or postponed of the palay which they had placed with the defendant during the period referred to, with interest from
leaving the exact amount due to the plaintiffs undetermined. the date of the filing of their several complaints.

It should be stated that the palay in question was place by the plaintiffs in the defendant's mill with the As already stated, the trial court found that at the time of the fire there were about 360 cavans of palay
understanding that the defendant was at liberty to convert it into rice and dispose of it at his pleasure. in the mill and that this palay was destroyed. His Honor assumed that this was part of the palay
The mill was actively running during the entire season, and as palay was daily coming in from many delivered by the plaintiffs, and he held that the defendant should be credited with said amount. His
customers and as rice was being constantly shipped by the defendant to Manila, or other rice markets, it Honor therefore deducted from the claims of the plaintiffs their respective proportionate shares of this
was impossible to keep the plaintiffs' palay segregated. In fact the defendant admits that the plaintiffs' amount of palay. We are unable to see the propriety of this feature of the decision. There were many
customers of the defendant's rice mill who had placed their palay with the defendant under the same
conditions as the plaintiffs, and nothing can be more certain than that the palay which was burned did
not belong to the plaintiffs. That palay without a doubt had long been sold and marketed. The
assignments of error of each of the plaintiffs-appellants in which this feature of the decision is attacked which the trial court allowed from the plaintiffs' claims.
are therefore well taken; and the appealed judgments must be modified by eliminating the deductions
 The defendant testified that his mill was accustomed to clean from 400 to 450 cavans of palay per day,
The trial judge also allowed a deduction from the claim of the plaintiff Guillermo Baron of 167 cavans of producing 225 cavans of rice of 57 kilos each. The price charged for cleaning each cavan rice was 30
palay, as indicated in Exhibit 12, 13, 14, and 16. This was also erroneous. These exhibits relate to centavos. The defendant also stated that the expense of running the mill per day was from P18 to P25,
transactions that occurred nearly two years after the transactions with which we are here concerned, and that the net profit per day on the mill was more than P40. As the mill was not accustomed to run on
and they were offered in evidence merely to show the character of subsequent transactions between Sundays and holiday, we estimate that the defendant lost the profit that would have been earned on not
the parties, it appearing that at the time said exhibits came into existence the defendant had less than one hundred forty work days. Figuring his profits at P40 per day, which would appear to be a
reconstructed his mill and that business relations with Guillermo Baron had been resumed. The conservative estimate, the actual net loss resulting from his failure to operate the mill during the time
transactions shown by these exhibits (which relate to palay withdrawn by the plaintiff from the stated could not have been less than P5,600. The reasonableness of these figures is also indicated in
defendant's mill) were not made the subject of controversy in either the complaint or the cross- the fact that the twenty-four customers who intervened with third-party claims took out of
complaint of the defendant in the second case. They therefore should not have been taken into account the camarin 20,000 cavans of palay, practically all of which, in the ordinary course of events, would
as a credit in favor of the defendant. Said credit must therefore be likewise of course be without have been milled in this plant by the defendant. And of course other grain would have found its way to
prejudice to any proper adjustment of the rights of the parties with respect to these subsequent this mill if it had remained open during the one hundred forty days when it was closed.
transactions that they have heretofore or may hereafter effect.
But this is not all. When the attachment was dissolved and the mill again opened, the defendant found
The preceding discussion disposes of all vital contentions relative to the liability of the defendant upon that his customers had become scattered and could not be easily gotten back. So slow, indeed, was his
the causes of action stated in the complaints. We proceed therefore now to consider the question of the patronage in returning that during the remainder of the year 1924 the defendant was able to mill
liability of the plaintiff Guillermo Baron upon the cross-complaint of Pablo David in case R. G. No. scarcely more than the grain belonging to himself and his brothers; and even after the next season
26949. In this cross-action the defendant seek, as the stated in the third paragraph of this opinion, to opened many of his old customers did not return. Several of these individuals, testifying as witnesses in
recover damages for the wrongful suing out of an attachment by the plaintiff and the levy of the same this case, stated that, owing to the unpleasant experience which they had in getting back their grain
upon the defendant's rice mill. It appears that about two and one-half months after said action was from the sheriff to the mill of the defendant, though they had previously had much confidence in him.
begun, the plaintiff, Guillermo Baron, asked for an attachment to be issued against the property of the
defendant; and to procure the issuance of said writ the plaintiff made affidavit to the effect that the As against the defendant's proof showing the facts above stated the plaintiff submitted no evidence
defendant was disposing, or attempting the plaintiff. Upon this affidavit an attachment was issued as whatever. We are therefore constrained to hold that the defendant was damaged by the attachment to
prayed, and on March 27, 1924, it was levied upon the defendant's rice mill, and other property, real and the extent of P5,600, in profits lost by the closure of the mill, and to the extent of P1,400 for injury to the
personal. good-will of his business, making a total of P7,000. For this amount the defendant must recover
judgment on his cross-complaint.
Upon attaching the property the sheriff closed the mill and placed it in the care of a deputy. Operations
were not resumed until September 13, 1924, when the attachment was dissolved by an order of the The trial court, in dismissing the defendant's cross-complaint for damages resulting from the wrongful
court and the defendant was permitted to resume control. At the time the attachment was levied there suing out of the attachment, suggested that the closure of the rice mill was a mere act of the sheriff for
were, in the bodega, more than 20,000 cavans of palay belonging to persons who held receipts which the plaintiff was not responsible and that the defendant might have been permitted by the sheriff
therefor; and in order to get this grain away from the sheriff, twenty-four of the depositors found it to continue running the mill if he had applied to the sheriff for permission to operate it. This singular
necessary to submit third-party claims to the sheriff. When these claims were put in the sheriff notified suggestion will not bear a moment's criticism. It was of course the duty of the sheriff, in levying the
the plaintiff that a bond in the amount of P50,000 must be given, otherwise the grain would be released. attachment, to take the attached property into his possession, and the closure of the mill was a natural,
The plaintiff, being unable or unwilling to give this bond, the sheriff surrendered the palay to the and even necessary, consequence of the attachment. For the damage thus inflicted upon the defendant
claimants; but the attachment on the rice mill was maintained until September 13, as above stated, the plaintiff is undoubtedly responsible.
covering a period of one hundred seventy days during which the mill was idle. The ground upon which
the attachment was based, as set forth in the plaintiff's affidavit was that the defendant was disposing or
attempting to dispose of his property for the purpose of defrauding the plaintiff. That this allegation was One feature of the cross-complaint consist in the claim of the defendant (cross-complaint) for the sum of
false is clearly apparent, and not a word of proof has been submitted in support of the assertion. On the P20,000 as damages caused to the defendant by the false and alleged malicious statements contained
contrary, the defendant testified that at the time this attachment was secured he was solvent and could in the affidavit upon which the attachment was procured. The additional sum of P5,000 is also claimed
have paid his indebtedness to the plaintiff if judgment had been rendered against him in ordinary as exemplary damages. It is clear that with respect to these damages the cross-action cannot be
course. His financial conditions was of course well known to the plaintiff, who is his uncle. The maintained, for the reason that the affidavit in question was used in course of a legal proceeding for the
defendant also states that he had not conveyed away any of his property, nor had intended to do so, for purpose of obtaining a legal remedy, and it is therefore privileged. But though the affidavit is not
the purpose of defrauding the plaintiff. We have before us therefore a case of a baseless attachment, actionable as a libelous publication, this fact in no obstacle to the maintenance of an action to recover
recklessly sued out upon a false affidavit and levied upon the defendant's property to his great and the damage resulting from the levy of the attachment.
needless damage. That the act of the plaintiff in suing out the writ was wholly unjustifiable is perhaps
also indicated in the circumstance that the attachment was finally dissolved upon the motion of the Before closing this opinion a word should be said upon the point raised in the first assignment of error of
plaintiff himself. Pablo David as defendant in case R. G. No. 26949. In this connection it appears that the deposition of
Guillermo Baron was presented in court as evidence and was admitted as an exhibit, without being
actually read to the court. It is supposed in the assignment of error now under consideration that the
deposition is not available as evidence to the plaintiff because it was not actually read out in court. This
connection is not well founded. It is true that in section 364 of the Code of Civil Procedure it is said that reading it. The use of the word "read" in this section finds its explanation of course in the American
a deposition, once taken, may be read by either party and will then be deemed the evidence of the party practice of trying cases for the most part before juries. When a case is thus tried the actual reading of the
deposition is necessary in order that the jurymen may become acquainted with its contents. But in
courts of equity, and in all courts where judges have the evidence before them for perusal at their duty to exercise strict supervision over respondent Overseas Bank of Manila to
pleasure, it is not necessary that the deposition should be actually read when presented as evidence. protect
depositors and the general public.
From what has been said it result that judgment of the court below must be modified with respect to the Facts: Serrano had P350K worth of time deposits in Overseas Bank of Manila. He
amounts recoverable by the respective plaintiffs in the two actions R. G. Nos. 26948 and 26949 and
must be reversed in respect to the disposition of the cross-complaint interposed by the defendant in made
case R. G. No. 26949, with the following result: In case R. G. No. 26948 the plaintiff Silvestra Baron will a series of encashment but was not successful. He filed a case against Overseas Bank
recover of the Pablo David the sum of P6,227.24, with interest from November 21, 1923, the date of the & he
filing of her complaint, and with costs. In case R. G. No. 26949 the plaintiff Guillermo Baron will recover
of the defendant Pablo David the sum of P8,669.75, with interest from January 9, 1924. In the same also included the Central Bank so that the latter may also be jointly and severally
case the defendant Pablo David, as plaintiff in the cross-complaint, will recover of Guillermo Baron the liable. Serrano
sum of P7,000, without costs. So ordered. argued that the CB failed to supervise the acts of Overseas Bank and protect the
interests of its
Avanceña, C.J., Johnson, Malcolm, Villamor, Romualdez and Villa-Real, JJ., concur.
depositors by virtue of constructive trust.
Issue: W/N the Central Bank is liable?
G.R. No. L-30511 February 14, 1980
Ruling: No. There is no breach of trust from a bank’s failure to return the subject
MANUEL M. SERRANO,
matter
petitioner, vs.
of the deposit. Bank deposits are in the nature of irregular deposits. All kinds of bank
CENTRAL BANK OF THE PHILIPPINES; OVERSEAS BANK OF MANILA;
deposits
EMERITO M.
are to be treated as loans and are to be covered by the law on loans Art.1980. In
RAMOS, SUSANA B. RAMOS, EMERITO B. RAMOS, JR., JOSEFA RAMOS
reality the
DELA RAMA,
depositor is the creditor while the bank is the debtor. Failure of the respondent bank to
HORACIO DELA RAMA, ANTONIO B. RAMOS, FILOMENA RAMOS
honor the
LEDESMA, RODOLFO
time deposit is failure to pay its obligation as a debtor.
LEDESMA, VICTORIA RAMOS TANJUATCO, and TEOFILO TANJUATCO,
WHEREFORE, the petition is dismissed for lack of merit, with costs against
respondents.
petitioner.
SERRANO vs CENTRAL BANK, 96 SCRA 96
DE LOS SANTOS vs TAN KHEY
Petition for mandamus and prohibition, with preliminary injunction, that seeks the
O.G.No.26695-R, July 30, 1962
establishment
of joint and solidary liability to the amount of Three Hundred Fifty Thousand Pesos,
Facts: Tan Khey was the owner of International Hotel located in Iloilo city. Romeo de
with interest,
los Santos
against respondent Central Bank of the Philippines and Overseas Bank of Manila and
lodged in Tna Khey’s hotel. After arrival, he left the hotel, depositing his revolver and
its
his bag
stockholders, on the alleged failure of the Overseas Bank of Manila to return the time
with the person in charge in the hotel. When he returned to the hotel, he took his
deposits
revolver and
made by petitioner and assigned to him, on the ground that respondent Central Bank
his bag from the person in charge in the hotel and proceeded to his room. He locked
failed in its
the door
before sleeping.
When he woke up, he discovered that the door in his room was opened and his bag
and
pants, wherein he placed his revolver , was missing. He reported the matter to the Assistant
Manager of the hotel, who in turn informed Tan Khey. The owner of a hotel may exonerate himself from liability by showing that the guest
A secret service agent was sent to investigate and it was found that the wall of the has
room taken exclusive control of his own goods, but this must be exclusive custody and
occupied by De los Santos was only seven feet high with an open space above control of a
through which guest, and must not be held under the supervision and care of the innkeeper,ey are
one could enter from outside. De los Santos told the detective that he lost his revolver. kept in a
Tan Khey disclaimed liability because De los Santos did not deposit his properties room assigned to a guest or the other proper depository in the house
with
the manager despite a notice to that effect was posted in the hotel. n this case, the guest deposited his effects in the hotel because they are in his room
Tan Khey contended that to be liable under Article 1998 of the Civil Code, the and within the premises of the hotel, and therefore, within the supervision and control
following of the
conditions must concur: hotel owner.
1. Deposit of effects by travellers in hotel or inn Notice
2. Notice given to hotel keepers or employees of the effects brought by guests The Court ruled that there was no doubt that the person in charge had knowledge of
3. Guest or travellers take the precautions which said hotel keepers or their substitutes his
advised relative to the care and vigilance of their effects. revolver, the bag, and pants of the guest, De los Santos.
Issue: Whether the hotel owner should be held liable for the loss of the effects of the The requirement of notice being evidently for the purpose of closing the door to
guest? fraudulent
Rulng: claims for non-existent articles, the lack thereof was fatal to De los Santos’ claim for
The Court ruled that the hotel owner should be liable for the loss of the revolver, reparation
pants for the loss of his eyeglass, ring, and cash.
and bag of the guest. Precautions
Deposit While an innkeeper cannot free himself from responsibility by posting notices, there
While the law speaks of “deposit” of effects by travellers in hotels or inns, personal can
receipt by the innkeeper for safe keeping of effects is not necessaily meant thereby. be no doubt of the innkeeper’s right to make such regulations in the management of
The reason his inn as
therefor is the fact that it is the nature of business of an innkeeper to provide not only will more effectually secure the property of his guest and operate as protection to
lodging for himself, and
travellers but also to security to their persons and effects. The secuity mentioned is that it is incumbent upon the guest, if he means to hold the inkeeper ho his
not responsibility, to
confined to the effects actually delivered to the innkeeper but also to all effects placed comply with any regulation that is just and reasonable, when he is requested to do so.
within the However, in this case, the notice requiring actual deposit of the effects with the
premises of the hotel. This is because innkeepers by the neture of their business, have manager
supervision and control of their inns and the premises threof. was an unreasonable regulation. It was unreasonable to require the guest to deposit
It is not necessary that the effect was actually delivered but it is enough that they are his bag
within the inn. If a guest and goods are within the inn, that is sufficient to charge him. ,pants and revolver to the manager. De los Santos had exercised the necessary
diligence with
respect to the care and vigilance of his effects