Dear Atty. Gab

Musta Atty! I hope this email finds you well. I’m writing to you today because I’m in a bit of a legal bind and desperately need your advice. My husband and I run a small bed and breakfast in Tagaytay, and we recently had a rather unpleasant incident. One of our guests had some expensive jewelry stolen from their room while they were out sightseeing for the day. There were no signs of forced entry, and honestly, we’re baffled as to how it happened.

Now, the guest is demanding that we compensate them for the stolen jewelry, claiming that as the owners of the B&B, we’re responsible for their belongings. I’m not sure if this is true, Atty. We’ve always tried to run an honest and safe establishment, but this incident has left us feeling incredibly vulnerable and scared of potential legal repercussions. We’re a small business, and we can’t afford to pay for something like that. Do we have any legal responsibility in this situation? Are we liable for our guest’s lost valuables? Any light you could shed on this would be greatly appreciated.

Thank you for your time and expertise!

Sincerely,
Maria Hizon

Dear Maria

Musta, Maria! I understand your concern about the recent theft at your Tagaytay B&B. It’s definitely a stressful situation when a guest’s valuables are stolen on your property, and you’re unsure about your legal responsibilities. In general, hotels and similar establishments have a duty to provide a safe environment for their guests. Let’s delve into how this might apply to your situation.

Protecting Guests’ Property: What Level of Care Is Required?

When you operate a lodging business like a bed and breakfast, the law expects you to provide not just a place to stay, but also a reasonable level of security for your guests and their belongings. This doesn’t mean you’re automatically responsible for every loss, but it does mean you need to take precautions to ensure their safety.

The extent of this responsibility is often tied to the nature of your business. A five-star hotel, for example, is expected to have a higher level of security than a small, family-run inn. However, even a smaller establishment must exercise due diligence to protect its guests. The Supreme Court has emphasized that businesses catering to the public are “bound to provide not only lodging for hotel guests but also security to their persons and belongings.”

This principle is somewhat reflected in provisions concerning the liability of innkeepers for the loss of items left in their care, under Articles 2000, 2001, and 2002 of the Civil Code, this duty extends to the lives and personal safety of their guests as well. It would be absurd to think a lodging establishment can just stand idly by and let any person inside the rooms, without any liability if untoward incident occurs.

Determining whether you’re liable depends on proving negligence. Negligence is defined as the failure to observe for the protection of the interests of another person that degree of care, precaution, and vigilance, which the circumstances justly demand, whereby such person suffers injury.

In other words, did you do everything a reasonable person would do to prevent the theft? This might include having secure locks, providing a safe or deposit box for valuables, and ensuring that only authorized personnel have access to guest rooms. Evidence of these precautions helps to protect your business from liability.

However, the Court has also acknowledged exceptions to this rule. In fact, the hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss arises from the character of the things brought into the hotel.

The key is that your negligence must be the proximate cause of the loss. Proximate cause is defined as that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces, the injury, and without which the result would not have occurred.

If the theft was due to something entirely outside of your control, or due to the guest’s own actions, you may not be held responsible. Remember, hotelkeepers are not insurers of the safety of their guests:

“The hotel business is imbued with public interest. Catering to the public, hotelkeepers are bound to provide not only lodging for their guests but also security to the persons and belongings of their guests. The twin duty constitutes the essence of the business.”

Practical Advice for Your Situation

• Review your security measures: Assess the locks, access controls, and general security of your B&B to identify any weaknesses.
• Document existing security: Keep records of your security protocols and maintenance activities, this can demonstrate your commitment to safety.
• Consult with a legal professional: Discuss the details of the theft and your B&B’s security measures with a lawyer to determine your liability.
• Offer a safe or deposit box: Provide a secure place for guests to store valuables and inform them of its availability.
• Consider insurance coverage: Review your insurance policy to see if it covers theft claims and understand the terms and conditions.
• Promptly investigate the incident: Conduct a thorough investigation of the theft, cooperating with law enforcement and gathering any relevant evidence.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.