Republic of the Philippines

Regional Trial Court

Branch 42
City of Dinagat Island

Spouses Marcus and Maureen

McPoyle, plaintiffs.
-versusDinagat Island Hotel and Resort
Corporation (DIHRC),
defendant.

Civil Case No. 6379-98

For Damages

x-------------------------------x
ANSWER
COMES NOW, the defendant together with the undersigned
counsel to this most honorable court, MOST RESPECTFULLY
STATES THAT:
1. Defendants admits the allegations in Paragraphs 1, 2, 3, 4, 5, 6 and 9
of the Complaint ;
2. Defendant admits the allegations in Paragraph 7 to the extent that
CCTV footage was requested by the plaintiffs upon reporting the
incident to the management staff of the hotel;
3. Defendant denies the allegation in Paragraph 8 of the Complaint such
that there defendant has three guards stationed the day of the incident;
4. Defendant admits the allegation in Paragraph 10 to the extent that the
Defendant is not liable for the loss of the items and has exerted the
diligence required of a good father of a family in securing the safety
of the guests and their possessions; as provided for under Art. 1998 of
the New Civil Code:
The deposit of effects made by the travellers 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.
No declaration was made as to the effects brought into the hotel
rooms/premise
5. Following the preceding paragraph, the Defendant specifically denies
the allegations contained in Paragraph 11 and 12 of the Complaint as
mere conjectures and baseless accusations. As provided for under Art.
2002 of the New Civil Code provides that 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.
PRAYER
WHEREFORE, it is most respectfully prayed that after due notice and
hearing. Judgment be rendered -a.
b.
c.

Ordering plaintiffs complaint be dismissed;

Ordering payment of P500,000 as moral damage and P50,000 as
attorneys fees;
Other reliefs that may be deemed just and equitable.

Municipality of Dinagat, Dinagat Islands Philippines, this 8th day of March,

2016.

AMZ LAW
Counsel for the Defendant
Rm. 2115 Dinagat Towers Bldg.,
Municipality of Dinagat, Dinagat Islands

Atty. Jezreel Zapanta

PTR No. 98764354:8-98-54:B.C.
IBP No. 4589987:3-99-54:B.C.
Roll No. 396422:2-10-85
Atty. Kelsey Mendoza
PTR No. 9102241:10-92-34:B.C.
IBP No. 3753925:4-96-24:B.C.
Roll No. 425982:8-27-88
Atty. Tanya L. Andrade
PTR No. 91083452:2-88-64:B.C.
IBP No. 4222368:6-98-54:B.C.
Roll No. 592357:4-26-98
Republic of the Philippines
_________________

)
) S.S.

VERIFICATION AND CERTIFICATION

I, Mortimer Q. Rat, Filipino, of legal age, married, and residing at 10G
Emilio St. Loreto, Dinagat Islands after being sworn according to law,
hereby depose and state that;
1. I am the President of Dinagat Island Hotel and Resort Corporation;

2. The Corporation is the defendant in the above titled complaint;

3. That the Corporation has duly authorized me to represent its interest in the
above titled complaint;
3. I have not commenced any action or proceeding involving the same issues
in the Supreme Court, Court of Appeals, or any tribunal or agency; that to
the best of my knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals or any tribunal or agency;
4. That if the Corporation should thereafter learn that a similar action or
proceeding has been filed or is pending before the Supreme Court, the Court
of Appeals, or any tribunal or agency, I shall undertake to promptly notify or
inform the aforesaid court and such other tribunal or agency of the said facts
within five (5) days therefrom.

Mortimer Q. Rat
President, DIHRC
In witness thereof, I, Atty. Jezreel Zapanta, counsel of the defendant, have
herunto set my hand this 15th of March, 2016 at the Municipality of Dinagat,
Dinagat Islands.
Jezreel E. Zapanta
Counsel for the Defendant
PTR No. 98764354:8-98-54:B.C.
IBP No. 4589987:3-99-54:B.C.
Roll No. 396422:2-10-85
Rm. 2115 Dinagat Towers Bldg.,
Municipality of Dinagat, Dinagat Islands