FACTS:
One evening in October 1994, an exclusive party was
being held at the Nikko Hotel Manila Garden. The party was being held for a
prominent Japanese national. The person in charge at the party was Ruby Lim who
was also the executive secretary of the hotel. Later during the party, she
noticed Robert Reyes popularly known as Amay Bisaya. Reyes was not on the list
of exclusive guests. Lim first tried to find out who invited Reyes to the
party. When she ascertained that the host celebrant did not invite Reyes, Lim
approached Reyes and told the latter, in a discreet voice, to finish his food
and leave the party. Reyes however made a scene and began shouting at Lim.
Later, a policeman was called to escort Reyes out of the party.
Reyes then sued Lim and Nikko Hotel Manila Garden
for damages. According to him, he said
that he was invited by another party guest, Dr. Violeta Filart. He said that
while he was on the line to get his food, Lim approached him and ordered
him in a loud voice to leave the party immediately. He told Lim he was invited
by Dr. Filart however when he was calling for Dr. Filart the latter ignored
him. Later, he was escorted out of the party like a common criminal.
The trial court ruled in favor of Lim and Nikko
Hotel. However, the Court of Appeals ruled in favor of Reyes as it ruled that
Lim abused her right and that Reyes deserved to be treated humanely and fairly.
It is true that Lim had the right to ask Reyes to leave the party but she
should have done it respectfully.
Whether or not Lim acted with abuse of rights.
HELD:
No. The Supreme Court found the version of Lim more
credible. She has been employed by the hotel for more than 20 years at that
time. Her job requires her to be polite at all times. It is very unlikely for
her to make a scene in the party she was managing. That would only make
her look bad.
Reyes based his complaint on Articles 19 and 21 of
the Civil Code. Art. 19 which provides:
Every person must, in the exercise of his rights and in the performance
of his duties, act with justice, give everyone his due, and observe honesty and
good faith.
was not violated by Lim as it appears that even Reyes testified in court
that when Lim told him to leave, Lim did so very close to him – so close that
they could almost kiss. This only proves that Lim intended that only Reyes
shall hear whatever is it that she’s going to tell Reyes and exclude other
guests from hearing.Article 21 on the other hand is commonly known as contra bonus mores:
Any person who willfully causes loss or injury to another in a manner
that is contrary to morals, good customs or public policy shall compensate the
latter for the damage.
This article is likewise not violated. Lim, as
proven by evidence on record, did not demean Reyes. They do not know each other
personally. She has no reason to treat him wrongfully especially so that Reyes
himself is a prominent person.
On the other hand, Reyes brought whatever damage he
incurred upon himself. Under the doctrine of volenti non fit injuria*,
by coming to the party uninvited, Reyes opens himself to the risk of being
turned away, and thus being embarrassed. The injury he incurred is thus
self-inflicted. Evidence even shows that Dr. Filart herself denied inviting
Reyes into the party and that Reyes simply gate-crashed. Reyes did not even
present any supporting evidence to support any of his claims. Since he brought
injury upon himself, neither Lim nor Nikko Hotel can be held liable for damages.
*Volenti
non fit iniuria (or injuria) (Latin: "to a willing
person, injury is not done") is a common law doctrine which states that if someone
willingly places themselves in a position where harm might result, knowing that
some degree of harm might result, they are not able to bring a claim against
the other party in tort or delict. Volenti
only applies to the risk which a reasonable person would consider them as
having assumed by their actions; thus a boxer consents to being hit, and to the injuries
that might be expected from being hit, but does not consent to (for example)
his opponent striking him with an iron bar, or punching him outside the usual
terms of boxing. Volenti is
also known as a "voluntary
assumption of risk."
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