Nikko Hotel Manila Garden vs.

Roberto Reyes (G.R. No. 154259,

February 28, 2005)
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.

ISSUE: 

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."