Nikko Hotel v.
Reyes “Amay Bisaya”
GR No. 154259
Feb 28, 2005
CHICO-NAZARIO, J.:
FACTS:
Mr. Roberto Reyes (Reyes) Alleges that:
On the eve of October 13, 1994, Mr. Reyes while having coffee at the lobby of Nikko Hotel
was approached by Dr. Violet Filart (Filart), a friend several years back. According to Mr. Reyes, Dr.
Filart invited him to join a birthday party at the penthouse for the hotel’s former General Manager,
Mr. Masakazu Tsuruoka (Tsuroka). Reyes agreed as Dr. Filart agreed to vouch for him and carried
a basket of fruits, the latter’s gift. He lined up at the buffet table as soon as it was ready but to his
great shock, shame and embarrassment, Ruby Lim (Lim), Hotel’s Executive Secretary, asked him to
leave in a loud voice enough to be heard by the people around them. He was asked to leave the
party and a Makati policeman accompanied him to step-out the hotel. All these time, Dr. Filart
ignored him adding to his shame and humiliation.
Ms. Ruby Lim Alleges that:
She admitted asking Mr. Reyes to leave the party but not in the manner claimed by the
plaintiff. Ms. Lim approached several people including Dr. Filart’s sister, Ms. Zenaida Fruto (Fruto),
if Dr. Filart did invite him as the captain waiter told Ms. Lim that Mr. Reyes was with Dr. Filart’s
group. She wasn’t able to ask it personally with Dr. Filart since the latter was talking over the phone
and doesn’t want to interrupt her. She asked Mr. Reyes to leave because the celebrant specifically
ordered that the party should be intimate consisting only of those who part of the list. She even
asked politely with the plaintiff to finish his food then leave the party.
During the plaintiff’s cross-examination, he was asked how close was Ms. Lim when she
approached him at the buffet table. Mr. Reyes answered “very close because we nearly kissed each
other”. Considering the close proximity, it was Ms. Lim’s intention to relay the request only be heard
by him. It was Mr. Reyes who made a scene causing everybody to know what happened.
Reyes then sued Lim and Nikko Hotel Manila Garden (Nikko Hotel) for damages. 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 Reyes injured himself being a gatecrasher
HELD:
Yes. 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.
