G.R. No. 154259 – 492 Phil. 615 – 452 SCRA 532 – Civil Law – General Principles; Human Relations – Abuse of Rights – Volenti Non Fit Injuria
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 of 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. In his version, he said that he was invited by another party guest, Dr. Violeta Filart. He said that while he was queuing 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.
