Facts: Plaintiff thereat (respondent herein) Roberto Reyes, more popularly known by the screen name “Amay Bisaya,” alleged that at around 6:00 o’clock in the evening of 13 October 1994, while he was having coffee at the lobby of Hotel Nikko, he was spotted by his friend of several years, Dr. Violeta Filart, who then approached him. Mrs. Filart invited him to join her in a party at the hotel’s penthouse in celebration of the natal day of the hotel’s manager, Mr. Masakazu Tsuruoka. Mr. Reyes asked if she could vouch for him for which she replied: “of course.” Mr. Reyes then went up with the party of Dr. Filart carrying the basket of fruits which was the latter’s present for the celebrant. At the penthouse, they first had their picture taken with the celebrant after which Mr. Reyes sat with the party of Dr. Filart. After a couple of hours, when the buffet dinner was ready, Mr. Reyes lined-up at the buffet table but, to his great shock, shame and embarrassment, he was stopped by petitioner herein, Ruby Lim, who claimed to speak for Hotel Nikko as Executive Secretary thereof. In a loud voice and within the presence and hearing of the other guests who were making a queue at the buffet table, Ruby Lim told him to leave the party (“huwag ka nang kumain, hindi ka imbitado, bumaba ka na lang”). Mr. Reyes tried to explain that he was invited by Dr. Filart. Dr. Filart, who was within hearing distance, however, completely ignored him thus adding to his shame and humiliation. Not long after, while he was still recovering from the traumatic experience, a Makati policeman approached and asked him to step completely ignored him thus adding to his shame and humiliation. out of the hotel. Like a common criminal, he was escorted out of the party by the policeman.
Ruby Lim, for her part, admitted having asked Mr. Reyes to leave the party but not under the ignominious circumstance painted by the latter. Ms. Lim narrated that she was the Hotel’s Executive Secretary for the past 20 years. Ms. Lim generated an exclusive guest list and extended invitations accordingly. Mr. Reyes was not one of those invited. At the party, Ms. Lim first noticed Mr. Reyes at the bar counter ordering a drink. Mindful of Mr. Tsuruoka’s wishes to keep the party intimate, Ms. Lim approached Mr. Boy Miller, the “captain waiter,” to inquire as to the presence of Mr. Reyes who was not invited. Mr. Miller replied that he saw Mr. Reyes with the group of Dr. Filart. As Dr. Filart was engaged in conversation with another guest and as Ms. Lim did not want to interrupt, she inquired instead from the sister of Dr. Filart, Ms. Zenaida Fruto, who told her that Dr. Filart did not invite Mr. Reyes. Ms. Lim then requested Ms. Fruto to tell Mr. Reyes to leave the party as he was not invited. Mr. Reyes, however, lingered prompting Ms. Lim to inquire from Ms. Fruto who said that Mr. Reyes did not want to leave. When Ms. Lim turned around she saw Mr. Reyes conversing with a Captain Batung whom she later approached. Believing that Captain Batung and Mr. Reyes knew each other, Ms. Lim requested from him the same favor from Ms. Fruto, i.e., for Captain Batung to tell Mr. Reyes to leave the party as he was not invited. Still, Mr. Reyes lingered. When Ms. Lim spotted Mr. Reyes by the buffet table, she decided to speak to him herself as there were no other guests in the immediate vicinity. However, as Mr. Reyes was already helping himself to the food, she decided to wait. When Mr. Reyes went to a corner and started to eat, Ms. Lim approached him and said: “alam ninyo, hindi 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 Mr. 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.
According to Dr. Violeta Filart, it was Mr. 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 Mr. Reyes to go down as he was not properly dressed and was not invited. All the while, she thought that Mr. Reyes already left the place, but she later saw him at the bar talking to Col. Batung. Then there was a commotion and she saw Mr. Reyes shouting. She ignored Mr. Reyes, She was embarrassed and did not want the celebrant to think that she invited him.
The trial court dismissed the complaint. CA reversed the ruling of the trial court.
Issue: Whether or not CA erred in its decision
Held: Ms. 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. Article 19 states: 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. Elsewhere, we explained that when “a right is exercised in a manner which does not conform with the norms enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for which the wrongdoer must be responsible.” The object of this article, therefore, is to set certain standards which must be observed not only in the exercise of one’s rights but also in the performance of one’s 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 Ms. Lim was perfectly within her right to ask Mr. Reyes to leave. Article 21, on the other hand, states: Art. 21. 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. Article 21 refers to acts contra bonus mores and has the following elements: (1) There is an act which is legal; (2) but which is contrary to morals, good custom, public order, or public policy; and (3) it is done with intent to injure. A common theme runs through Articles 19 and 21, and that is, the act complained of must be intentional.
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