MANILA, Philippines - The Court of Appeals on Monday dismissed the appeal of Fitness First Club filed in 2012 that disclaims liability for stolen valuables of a client.
The Court's Ninth Division denied the company's motion for reconsideration for "lack of merit" after the Makati City Regional Trial Court held it liable for the losses of club member and lawyer Rommel de los Reyes.
The magistrates, citing Article 2003 of the Civil Code, which voids the contractual stipulation limiting establishments' liability, ruled that the club should still face charges even as the disclaimer notices were posted on walls.
In dismissing the appeal, the appellate court upheld the trial court's ruling in 2006 on the case filed by De Los Reyes and Geryn Turingan, who is also a lawyer and club member, against the fitness chain.
De los Reyes claimed he lost his office uniform, a Nokia 6600 phone, wallet with P3,000 cash and identification cards in the Fitness First locker.