Short answer. Yes. Under Article 2241 of the Civil Code, hotel keepers have a preferred credit on the movable belongings of guests for lodging and supplies, as long as those belongings remain in the hotel. This gives you priority over ordinary creditors, but it does not cover money you may have loaned the guest.
What the law says
Credits for lodging and supplies usually furnished to travellers by hotel keepers, on the movables belonging to the guest as long as such movables are in the hotel, but not for money loaned to the guests
Civil Code, Article 2241 — Preferred Credits on Specific Movables. Read the full provision →
The hotel keeper's preferred credit
Article 2241 of the Civil Code lists specific preferred credits — claims that rank ahead of ordinary unsecured debts against the same property. Item 10 on that list covers hotel keepers: your credit for lodging and supplies usually furnished to travellers is preferred over the guest's general movable property, so long as those belongings remain on the hotel premises. As long as the luggage and personal effects are still in your hotel, your claim for the unpaid bill attaches to them as a preferred lien.
Two critical limits to know
The preference has two clear boundaries. First, the belongings must still be in the hotel. Once the guest removes them — or you allow them to be taken — the preferred lien disappears. Second, money you may have loaned to the guest is excluded. The statute says plainly: the preferred credit is for lodging and supplies, not for loans. If you advanced cash to the guest, that amount does not share in the preferred status and would be treated as an ordinary unsecured claim.
What 'preferred' means in practice
Having a preferred claim on specific property means that if multiple creditors are competing against the same movable assets, your hotel bill gets paid first from those assets before general unsecured creditors receive anything. It does not automatically give you the right to sell or dispose of the property yourself — enforcement typically requires going through proper legal channels. Retaining possession of the goods preserves the lien; releasing them before the bill is paid surrenders your priority.
If the guest takes the belongings away unlawfully
Article 2241 provides one additional protection: if movables to which the preferred lien attaches are wrongfully taken from your possession, you may demand them from any possessor within thirty days from the unlawful seizure. This means a guest who surreptitiously removes luggage to avoid the lien does not necessarily extinguish your rights — but you must act quickly. Beyond thirty days, that right is lost. Document the guest's checkout, the belongings left behind, and any removal without your consent as soon as it happens.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Strategic Alliance Development Corporation vs. Radstock Securities Limited and Philippine National Construction corporation, G.R. No. 178158 / G.R. No. 180428, December 4, 2009 — read the decision on LawPhil →
- Manuel D. Yngson, Jr., (in his capacity as the Liquidator of ARCAM & Co., Inc.) vs. Philippine National Bank, G.R. No. 171132, August 15, 2012 — read the decision on LawPhil →
- Jan-Dec Construction Corporation vs. Court of Appeals, et al, G.R. No. 146818, February 6, 2006 — read the decision on LawPhil →
- Abundio Barayoga, et al. vs. Asset Privatization Trust, G.R. No. 160073, October 24, 2005 — read the decision on LawPhil →