Topic: DEFENSES: ASSUMPTION OF RISK Digested by: Aubrey Case #7 G.R. No.

154259 February 28, 2005 NIKKO HOTEL MANILA GARDEN and RUBY LIM, petitioners, vs. ROBERTO REYES, a.k.a. "AMAY BISAYA," respondent. Facts: The cause of action before the trial court was one for damages brought under the human relations provisions of the New Civil Code. Respondent Reyes Version: Mrs. Filart invited and assured that she can vouched for him in the birthday party of the hotels manager, Mr. Masakazu at the penthouse. When the buffet dinner was ready, Reyes lined up but, to his great shock, shame and embarrassment, he was stopped by Lim (Exec. Sec. of Nikko Hotel), and in a loud voice w/in the presence and hearing of the other guests, told him to leave the party. Reyes tried to explain that he was invited by Dr. Filart, but the latter completely ignored him adding to his shame and humiliation. Not long after, policemen approached him and asked him to step out of the hotel. He now claims P1M for actual damagaes, P1M moral and/or exemplary damages and P200k for attys fees. Lims version: At the party she noticed Reyes at the bar counter ordering a drink. Mindful of Mr. Tsuruokas wishes to keep the party intimate, she approached the captain waiter to inquire as to the presence of Reyes who was uninvited. The waiter said that he saw Reyes came in w/ the group of Dr. Filart. Lim inquired Dr Filarts sister about Reyes and the sister said the latter was not invited by Dr. Filart. Lim requested the sister to tell Reyes to leave but the latter just lingered. The same happened when one Capt. Batung asked Reyes to leave. When Lim spotted Reyes by the buffet table, she decided to speak to him herself as there were no guest in the immediate vicinity. However, as Reyes was already helping himself to the food, she decided to wait. When Reyes went to a corner and started to eat, Lim approached him and said: "alam ninyo, hindo ho kayo dapat nandito. Pero total nakakuha na ho kayo ng pagkain, ubusin na lang ninyo at pagkatapos kung pwede lang po umalis na kayo." She then turned around trusting that Reyes would show enough decency to leave, but to her surprise, he began screaming and making a big scene, and even threatened to dump food on her. Dr. Filarts version: According to her, it was Reyes who volunteered to carry the basket of fruits intended for the celebrant as he was likewise going to take the elevator, not to the penthouse but to Altitude 49. When they reached the penthouse, she reminded Reyes to go down as he was not properly dressed and was not invited . All the while, she thought that Reyes already left the place. Then there was a commotion and she saw Reyes shouting. She ignored Reyes. She was embarrassed and did not want the celebrant to think that she invited him. RTC Ruling: After trial on the merits, the court a quo dismissed the complaint, giving more credence to the testimony of Ms. Lim that she was discreet in asking Mr. Reyes to leave the party. The trial court likewise ratiocinated that Mr. Reyes assumed the risk of being thrown out of the party as he was uninvited. CA Ruling: On appeal, CA reversed the ruling of the trial court as it found more commanding of belief the testimony of Reyes that Lim ordered him to leave in a loud voice within hearing distance of several guests. It likewise ruled that the actuation of Lim in approaching several people to inquire into the presence of Reyes exposed the latter to ridicule and was uncalled for as she should have approached Dr. Filart first and both of them should have talked to Reyes in private. Consequently, CA imposed upon Hotel Nikko, Lim and Dr. Filart the solidary obligation to pay Reyes (1) exemplary damages in the amount of Two Hundred Thousand Pesos (P200,000); (2) moral damages in the amount of Two Hundred Thousand Pesos (P200,000); and (3) attorneys fees in the amount of Ten Thousand Pesos (P10,000). On motion for reconsideration, the Court of Appeals affirmed its earlier decision as the argument raised in the motion had "been amply discussed and passed upon in the decision sought to be reconsidered. Hotel Nikko and Ruby Lim contend that the Court of Appeals seriously erred in not applying the Doctrine of Volenti Non Fit Injuria considering that by its own findings, Reyes was a great crasher. Issue and Ruling: 1) Won the Doctrine of Volenti Non Fit Injuria is applicable in the case at bar. Petitioners Lim and Hotel Nikko contend that pursuant to the doctrine of volenti non fit injuria, they cannot be made liable for damages as respondent Reyes assumed the risk of being asked to leave (and being embarrassed and humiliated in the process) as he was a "gate-crasher." The doctrine of volenti non fit injuria ("to which a person assents is not esteemed in law as injury" ) refers to self-inflicted injury or to the consent to injury which precludes the recovery of damages by one who has knowingly and voluntarily exposed himself to danger, even if he is not negligent in doing so. As formulated by petitioners, however, this doctrine does not find application to the case at bar because even if respondent Reyes assumed the risk of being asked to leave the party, petitioners, under Articles 19 and 21 of the New Civil Code, were still under obligation to treat him fairly in order not to expose him to unnecessary ridicule and shame. 2) Won Lim acted abusively in asking Reyes, a.k.a. "Amay Bisaya," to leave the party where he was not invited by the celebrant thereof thereby becoming liable under Articles 19 and 21 of the Civil Code. No. In the absence of any proof of motive on the part of Ms. Lim to humiliate Mr. Reyes and expose him to ridicule and shame, it is highly unlikely that she would shout at him from a very close distance. Ms. Lim having been in the hotel business for twenty years wherein being polite and discreet are virtues to be emulated, the testimony of Mr. Reyes that she acted to the contrary does not inspire belief and is indeed incredible. Thus, the lower court was correct in observing that Considering the closeness of defendant Lim to plaintiff when the request for the latter to leave the party was made such that they nearly kissed each other, the request was meant to be heard by him only and there could have been no intention on her part to cause embarrassment to him. It was plaintiffs reaction to the request that must have made the other guests aware of what transpired between them. Had plaintiff simply left the party as requested, there was no need for the police to take him out. Moreover, another problem with Reyess version of the story is that it is unsupported. It is a basic rule in civil cases that he who alleges proves. Reyes, however, had not presented any witness to back his story up. All his witnesses Danny Rodinas, Pepito Guerrero and Alexander Silva - proved only that it was Dr. Filart who invited him to the party. Lim, not having abused her right to ask Mr. Reyes to leave the party to which he was not invited, cannot be made liable to pay for damages under Articles 19 and 21 of the Civil Code. Necessarily, neither can her employer, Hotel Nikko, be held liable as its liability springs from that of its employee.

Article 19, known to contain what is commonly referred to as the principle of abuse of rights, is not a panacea for all human hurts and social grievances. Art. 19. 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. The object of this article, therefore, is to set certain standards which must be observed not only in the exercise of ones rights but also in the performance of ones duties. These standards are the following: act with justice, give everyone his due and observe honesty and good faith. Its antithesis, necessarily, is any act evincing bad faith or intent to injure. Its elements are the following: (1) There is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent of prejudicing or injuring another. When Article 19 is violated, an action for damages is proper under Articles 20 or 21 of the Civil Code. Article 20 pertains to damages arising from a violation of law which does not obtain herein as Lim was perfectly within her right to ask Mr. Reyes to leave. Parenthetically, the manner by which Lim asked Reyes to leave was likewise acceptable and humane under the circumstances. In this regard, we cannot put our imprimatur on the appellate courts declaration that Lims act of personally approaching Mr. Reyes (without first verifying from Filart if indeed she invited. Reyes) gave rise to a cause of action "predicated upon mere rudeness or lack of consideration of one person, which calls not only protection of human dignity but respect of such dignity." Without proof of any ill-motive on her part, Lims act of by-passing Filart cannot amount to abusive conduct especially because she did inquire from Mrs. Filarts companion who told her that Filart did not invite Reyes. If at all, Lim is guilty only of bad judgment which, if done with good intentions, cannot amount to bad faith. Not being liable for both actual and moral damages, neither can petitioners Lim and Hotel Nikko be made answerable for exemplary damages especially for the reason stated by the CA.