Nikko Hotel Manila vs.

Reyes
G. R. No. 154259, 28 February 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. 6 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. 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. Article 19 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. This only proves that Lim intended that only Reyes shall
hear whatever is it that shes going to tell Reyes and exclude other guests from hearing.
Article 21 on the other hand is commonly known as contra bonus mores. This article is
likewise not violated. Lim, as proven by evidence on record, did not demean Reyes. They
do not know each other personally. 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.