Subsidiary Civil Liability (Article 102 of the Revised Penal Code)

Article 102 of the Revised Penal Code deals with the subsidiary liability of innkeepers, tavernkeepers, and proprietors of establishments.

Under paragraph 1 of Article 102, innkeepers, tavernkeepers, and proprietors of establishments are subsidiarily liable when all of the following elements are present:

1. The innkeeper, tavernkeepers, and proprietor of establishments or his employee committed a violation of a municipal ordinance or some general or police regulation.

2. A crime is committed in such inn, tavern or establishment.

3. The person criminally liable is insolvent.

In the second paragraph of Article 102, when all of the following elements are present, the innkeeper is subsidiarily liable:

1. The guests have notified in advance the innkeeper or the person representing him of the deposit of their goods within the inn.

2. The guests have followed the direction of the innkeeper or his representative with respect to the care and vigilance of their goods.

3. Such goods of the guests lodging in therein were taken by robbery or theft

Even if the guests did not deposit their goods and a notice of disclaimer of liability was posted in a hotel, it does not free the owner from subsidiary liability. It is enough that the goods were stolen within the inn.