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MANILA, Philippines — The Supreme Court (SC) has ordered the five-star Makati Shangri-La Hotel to give more than P52 million worth of compensation to the heirs of a Norwegian businessman who was killed then robbed by unidentified assailants inside his hotel room 13 years ago.
In a 28-page decision penned by Associate Justice Lucas Bersamin, the SC First Division junked the appeal made by Makati Shangri-La of the Court of Appeals’ October 2009 judgment entitling the widow and son of 30-year-old Christian Fredrick Harper, and their Filipino representative, Rigoberto Gillera, to the award of civil damages.
The CA ruling affirmed with modification the October 2005 decision of the Quezon City Regional Trial Court, and placed actual and compensatory damages at P52,078,702.50, to be paid by Makati Shangri-La; P25,000 temperate damages; and P250,000 attorney’s fees.
“The Court concurs entirely with the findings and conclusions of the CA, which the Court regards to be thorough and supported by the records of the trial… In that regard, the factual findings of the trial court that are supported by the evidence on record, especially when affirmed by the CA, are conclusive on the Court,” the SC ruled.
According to the SC, petitioner hotel is liable due to its own negligence in failing to provide the basic and adequate security measures expected of a five-star hotel; and that its omission was the proximate cause of Harper’s death.
It took note of the testimony of the hotel’s security manager, who admitted during trial that it was undermanned during that time because the hotel was only half-booked, thus they then saw no need to adopt a one guard per floor policy.
The high court also junked the hotel management’s claims that being mere establishments, hotels are not insurers of the safety of their guests.
“The hotel business is imbued with public interest. Catering to the public, hotel keepers 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 their business,” the SC held.
“Otherwise, the hotelkeepers would simply stand idly by as strangers have unrestricted access to all the hotel rooms on the pretense of being visitors of the guests, without being held liable should anything untoward befall the unwary guests. That would be absurd, something that no good law would ever envision,” it added.
Concurring with Bersamin are Chief Justice Maria Lourdes Sereno, Associate Justices Teresita Leonardo-de Castro, Martin Villarama and Bienvenido Reyes.
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