Nikko Hotel Manila Garden and Ruby Lim (petitioners) vs Roberto Reyes (respondent)

Gr. No. 154259

February 28, 2005

Facts:
(ito po tunay na nangyare. Baka malito kayo haha )
An exclusive birthday party was held at the penthouse for the hotel’s manager.
Ms Ruby Lim was the one who organized the event and she noticed Mr. Reyes, who was not
invited, lingering at the said event.
When it came to her knowledge that Mr. Reyes was with the group of Dr. Filart, she
approached Ms. Frutto, sister of Dr. Filart, and requested to ask Mr. Reyes to leave the party
because he was not invited. She asked the same favor with Captain Batung. Still, Mr. Reyes
lingered. Lim decided to speak to him herself.
She approached Mr. Reyes while he was eating and requested him to leave after he finished his
meal. But to her surprise Mr. Reyes started shouting and making a big scene. He was escorted
out of the penthouse by policemen. (ito po tunay na nangyare. Baka malito kayo haha )

(ito ay yabang lang ni mr reyes. Not proven)

Mr Reyes sued Ms. Lim and Nikko Hotel Manila for damages claiming that he, he was
humiliated by Ruby Lim by asking him, in a loud voice, to leave because he was not invited to
the said party and was escorted out by Makati policemen.

Issue : Whether or not Ms. Lim is liable for damages

Ruling : No. Mr. Reyes was not able to backup his story. The Doctrine of violenti non fit injuria
applies to the case at bar because Mr. Reyes assumed the risk of being asked to leave as he was
a gate-crasher. Ms. Lim not having abused her right to ask Mr. Reyes to leave the party cannot
be made liable to pay for damages under Article 19 and 21 of the Civil code.
Carlos A. Loria vs Ludolfo P. Munoz Jr.
Gr no. 187240
Oct 15, 2014

Facts :
Munoz filed a complaint for sum of money and damages against Loria with RTC of Legazpi City.
Munoz was engaged in Construction under the name “Ludolfo P. Munoz Jr. Construction.
Loria visited Munoz in his office and invited him to advance Php 2,000,000 for a subcontract of
a Php 50,000,000 river dredging project.
Loria represented that he would make arrangements that Sunwest Construction and
Development Corporations would turn out to be the lowest bidder and would subcontract 20%
or Php 10,000,000 worth of project to Munoz.
Munoz accepted his proposal.
Sunwest finished the project without subcontracting Munoz.

Issue: Whether or not Loria is liable for Php 2,000.000 to Munoz

Ruling : Loria must return Munoz’s Php 2,000,000 under the principle of unjust enrichment. In
this case Loria received Php 2,000,000 from Munoz for a subcontract however contrary to their
agreement, Munoz was not subcontracted for the project. Loria retained the Php 2,000,000.
Thus Loria was unjustly enriched. He retained Munoz money without basis or justification.
Under article 22 of the Civil Code, Loria must return the money to Munoz