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    DURBAN APARTMENTS vs. Pioneer Insurance - Credtrans

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    Anonymous 8liWSgmI
    The insured parked his vehicle with the valet attendant of the City Garden Hotel. The attendant issued him a claim stub and parked the vehicle in front of the hotel. However, the next morning the vehicle was discovered to have been stolen from the parking lot of the bank in front of the hotel. The Court ruled that the hotel, through its employee, was responsible as the depositary of the vehicle based on Articles 1962 and 1998 of the Civil Code. As the vehicle was delivered to and received by the hotel's employee for safekeeping, a contract of deposit was perfected, making the hotel liable for its loss.

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    DURBAN APARTMENTS vs. Pioneer Insurance - Credtrans

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    Anonymous 8liWSgmI
    180 views1 page
    The insured parked his vehicle with the valet attendant of the City Garden Hotel. The attendant issued him a claim stub and parked the vehicle in front of the hotel. However, the next morning the vehicle was discovered to have been stolen from the parking lot of the bank in front of the hotel. The Court ruled that the hotel, through its employee, was responsible as the depositary of the vehicle based on Articles 1962 and 1998 of the Civil Code. As the vehicle was delivered to and received by the hotel's employee for safekeeping, a contract of deposit was perfected, making the hotel liable for its loss.

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    DURBAN APARTMENTS vs. Pioneer Insurance- credtrans

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    The insured parked his vehicle with the valet attendant of the City Garden Hotel. The attendant issued him a claim stub and parked the vehicle in front of the hotel. However, the next morning the vehicle was discovered to have been stolen from the parking lot of the bank in front of the hotel. The Court ruled that the hotel, through its employee, was responsible as the depositary of the vehicle based on Articles 1962 and 1998 of the Civil Code. As the vehicle was delivered to and received by the hotel's employee for safekeeping, a contract of deposit was perfected, making the hotel liable for its loss.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    180 views1 page

    DURBAN APARTMENTS vs. Pioneer Insurance - Credtrans

    Uploaded by

    Anonymous 8liWSgmI
    The insured parked his vehicle with the valet attendant of the City Garden Hotel. The attendant issued him a claim stub and parked the vehicle in front of the hotel. However, the next morning the vehicle was discovered to have been stolen from the parking lot of the bank in front of the hotel. The Court ruled that the hotel, through its employee, was responsible as the depositary of the vehicle based on Articles 1962 and 1998 of the Civil Code. As the vehicle was delivered to and received by the hotel's employee for safekeeping, a contract of deposit was perfected, making the hotel liable for its loss.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    DURBAN APARTMENTS vs.

     PIONEER INSURANCE AND


    SURETY  CORPORATION
    G.R. No. 179419  (January 12, 2011)

    Facts:
    On April 30, 2002, at about 11:30 in the evening, Jeffrey S. See drove his Vitara and stopped in
    front of City Garden Hotel in Makati Avenue, Makati City; a parking attendant, whom he had l
    On April 30, 2002, at about 11:30 in the evening, Jeffrey S. See drove his Vitara and stopped in
    front of City Garden Hotel in Makati Avenue, Makati City; a parking attendant, whom he had
    later known to be defendant Justimbaste, approached and asked for his ignition key, told him
    that the latter would park the Vitara for him in front of the hotel, and issued him a valet parking
    customers claim stub. He and Montero, thereafter, checked in at the said hotel; on May 1, 2002,
    at around 1:00 in the morning, the Hotel Security Officer whom he later knew to be Horlador
    called his attention to the fact that his Vitara was carnapped while it was parked at the parking
    lot of Equitable PCI Bank which is in front of the hotel; his Vitara was insured with [respondent]
    Pioneer Insurance.

    Issue: Whether petitioner Durban Apartments Corp. can be held liable to


    respondent Pioneer Insurance & Surety Corp. for the loss of the vehicle?

    Ruling: YES.
    The insured deposited the vehicle for safekeeping with the hotel, through its employee.  This
    employee issued a claim stub to the insured. The contract of deposit was perfected from the
    delivery of the vehicle, when the keys were handed over to the hotel’s employee, and which he
    “received with the obligation of safely keeping and returning it.”   

    The Court cited Article 1962, in relation to Article 1998, of the Civil Code:
               
    “Art. 1962. A deposit is constituted from the moment a person receives a thing belonging to
    another, with the obligation of safely keeping it and returning the same. If the safekeeping of the
    thing delivered is not the principal purpose of the contract, there is no deposit but some other
    contract.

    Art. 1998. The deposit of effects made by travelers in hotels or inns shall also be regarded as
    necessary. The keepers of hotels or inns shall be responsible for them as depositaries, provided
    that notice was given to them, or to their employees, of the effects brought by the guests and
    that, on the part of the latter, they take the precautions which said hotel-keepers or their
    substitutes advised relative to the care and vigilance of their effects.”

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