Case Summary (G.R. No. 203754)
Regional Trial Court Ruling
The RTC credited Lim’s testimony that she politely and discreetly asked Reyes to leave. It found that Reyes, as an uninvited guest, assumed the risk of being asked to leave (volenti non fit injuria) and thus dismissed the complaint against Lim and the hotel.
Court of Appeals Ruling
The CA reversed, holding that Lim’s alleged public and loud command to Reyes was contrary to morals and good customs (Art. 21), causing humiliation. It imposed solidary liability on Hotel Nikko, Lim, and Dr. Filart for moral (₱200,000), exemplary (₱200,000) damages, and attorney’s fees (₱10,000). The CA also criticized Lim for not first privately verifying at Filart’s side and invoked social equality to justify exemplary damages.
Issues for Supreme Court Review
I. Applicability of volenti non fit injuria given assumed risk.
II. Joint and several liability of Lim and hotel with Dr. Filart.
III. Departure from RTC’s factual findings on Lim’s conduct.
IV. Introduction of poverty/discrimination argument without evidence.
V. Failure to address alleged defects in petitioner’s appellate brief.
Standard of Review on Conflicting Findings
Where RTC and CA findings irreconcilably conflict, the Supreme Court may review credibility and weigh evidence to resolve which version is more credible.
Credibility and Abuse of Rights Analysis
- Lim’s long hotel career required discretion; she had motive to remove an uninvited person quietly to avoid displeasing the celebrant.
- Reyes’s own testimony admitted Lim was “very close”—“nearly kissing distance”—when she spoke, undermining claim of loud public shouting.
- No evidence of ill motive or malice; no witness corroborated public humiliation.
- RTC finding that any commotion resulted from Reyes’s own reaction was accepted as more credible.
Doctrine of Volenti Non Fit Injuria and Civil Code Duties
- Even assuming Reyes risked ejection, Articles 19 and 21 impose a duty to act in good faith, fairness, and avoid damage to another.
- Lim’s removal request was a legal exercise of her duty and right, without bad faith or intent to injure.
Employer Liability
- Under Art. 2180, hotel’s liability depends on employee’s wrongful act. Absent abuse of rights by Lim, Hotel Nikko is not liable.
Exemplary Damages and Discrimination Finding
- Exemplary damages require proof of intent to injure or malice; none was shown.
- CA’s view that Lim acted out of contempt for the poor lacks factual basis: Reyes’s status as an actor and media personality belies poverty
Case Syllabus (G.R. No. 203754)
Facts
- On 13 October 1994 at around 6:00 PM, respondent Roberto Reyes (“Amay Bisaya”) was having coffee in the lobby of Nikko Hotel Manila Garden when Dr. Violeta Filart recognized and invited him to a penthouse party celebrating the hotel manager’s birthday.
- Mr. Reyes carried a basket of fruits as Dr. Filart’s gift for the celebrant, joined the group upstairs, had his picture taken, and sat with Dr. Filart’s party.
- When the buffet was served, Reyes lined up but was loudly told by petitioner Ruby Lim—Executive Secretary of Hotel Nikko—to stop eating and leave immediately, within hearing of other guests.
- Dr. Filart remained silent at the scene; shortly thereafter a Makati policeman escorted Mr. Reyes out of the party.
- Mr. Reyes filed suit for damages under the human relations provisions of the New Civil Code, claiming ₱1 million actual damages, ₱1 million moral/exemplary damages, and ₱200,000 in attorney’s fees.
Parties’ Versions
- Reyes alleged public shame and humiliation caused by Lim’s loud, public ejection despite his invitation by Dr. Filart.
- Ruby Lim admitted asking Reyes to leave but maintained she acted discreetly and within her duty to enforce an exclusive guest list of about 60 invitees. She testified she first asked Dr. Filart’s sister and a waiter to relay the request, then spoke quietly to Reyes at close quarters once he was at the buffet.
- Dr. Filart, third defendant below, consistently denied having invited Reyes, stating she reminded him to leave due to lack of proper attire and that she saw him later at the bar where he began shouting.
Procedural History
- The RTC dismissed Reyes’s compl