TITLE: Nikko Hotel Manila vs. Reyes CITATION: GR No.

154259, February 28, 2005 FACTS: Petitioners Nikko Hotel Manila and Ruby Lim assailed the decision of the Court of Appeals in reversing the decision of RTC of Quezon City. CA held petitioner liable for damages to Roberto Reyes aka Amang Bisaya, an entertainment artist. There are two versions of the story: Mr. Reyes: On the eve of October 13, 1994, Mr. Reyes while having coffee at the lobby of Nikko Hotel was approached by Dr. Violet Filart, a friend several years back. According to Mr. Reyes, Dr. Filart invited him to join a birthday party at the penthouse for the hotels former General Manager, Mr. Tsuruoka. Plaintiff agreed as Dr. Filart agreed to vouch for him and carried a basket of fruits, the latters gift. He He lined up at the buffet table as soon as it was ready but to his great shock, shame and embarrassment, Ruby Lim, Hotels 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: 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. Filarts sister, Ms. Zenaida Fruto, if Dr. Filart did invite him as the captain waiter told Ms. Lim that Mr. Reyes was with Dr. Filarts group. She wasnt able to ask it personally with Dr. Filart since the latter was talking over the phone and doesnt 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 plaintiffs 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. Lims intention to relay the request only be heard by him. It was Mr. Reyes who made a scene causing everybody to know what happened. ISSUE: Whether or not petitioners acted abusively in asking Mr. Reyes to leave the party. HELD: Supreme Court held that petitioners did not act abusively in asking Mr. Reyes to leave the party. Plaintiff failed to establish any proof of ill-motive on the part of Ms. Lim who did all the necessary precautions to ensure that Mr. Reyes will not be humiliated in requesting him to leave the party. Considering almost 20 years of experience in the hotel industry, Ms. Lim is experienced enough to know how to handle such matters.

Lim, not having abused her right to ask Mr. Reyes to leave the party to which he was not invited, cannot be made liable topay 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. Hence, petitioners will not be held liable for damages brought under Article 19 and 20 of the Civil Code. TITLE: Sps. Quisumbing vs. MERALCO CITATION: GR No. 142943, April 3, 2002 FACTS: The plaintiff, spouses Antonio and Lorna Quisumbing are the owners of a house located at #94 Greenmeadows Avenue, Quezon City. Around 9AM on March 3, 1995, defendants inspectors headed by Emmanuel C. Orlino were assigned to conduct a routine on the spot inspection of all single phase meters at the house and observed as standard operating procedure to ask permission and was granted by the plaintiffs secretary. After the inspection, it was found that the meter had been tampered with. The result was relayed to the secretary who conveyed the information to the owners of the house. The inspectors advised that the meter be brought in their laboratory for further verifications. In the event that the meter was indeed tampered, defendant had to temporarily disconnect the electric services of the couple. After an hour, inspectors returned and informed the findings of the laboratory and asked the couple that unless they pay the amount of P178,875.01 representing the differential bill their electric supply will be disconnected. The plaintiff filed complaint for damages with a prayer for the issuance of a writ of preliminary injunction despite the immediate reconnection. ISSUE: Whether or not MERALCO acted maliciously and malevolent manner done without due process, lack of regard for QUISUMBINGs rights, feelings, social and business reputation and therefore held them accountable and plaintiff be entitled for damages. HELD: Supreme Court partly granted the petition and ordered plaintiff to pay respondent the billing differential of P193,332.96 while latter is ordered to pay petitioners moral and exemplary damages including attorneys fees. Moral damages may be recovered when rights of individuals including right against the deprivation of property without due process of law are violated. Exemplary damages on the other hand are imposed by way of example or correction for public. SC recognized the effort of MERALCO in preventing illegal use of electricity. However, any action must be done in strict observance of the rights of the people. Under the law, the Manila Electric Company (Meralco) may immediately disconnect electric service on the ground of alleged meter tampering, but only if the discovery of the cause is personally witnessed and attested to by an officer of the law or by a duly authorized representative of the Energy Regulatory

Board. During the inspection, no government official or ERB representative was present. Petitioners claim for actual damages was not granted for failure to supply proof and was premised only upon Lornas testimony. These are compensation for an injury that will put the injure position where it was before it was injured. University of the East vs Jader TITLE: University of the East vs. Jader CITATION: GR No. 132344, February 7, 2000 FACTS: Romeo Jader graduated at UE College of law from 1984-88. During his last year, 1st semester, he failed to take the regular final examination in Practical Court 1where he was given an incomplete grade remarks. He filed an application for removal of the incomplete grade given by Prof. Carlos Ortega on February 1, 1988 which was approved by Dean Celedonio Tiongson after the payment of required fees. He took the exam on March 28 and on May 30, the professor gave him a grade of 5. The commencement exercise of UE College of law was held April 16, 1988, 3PM. In the invitation, his name appeared. In preparation for the bar exam, he took a leave of absence from work from April 20- Sept 30, 1988. He had his pre-bar class review in FEU. Upon learning of such deficiency, he dropped his review classes and was not able to take the bar exam. Jader sued UE for damages resulting to moral shock, mental anguish, serious anxiety, besmirched reputation, wounded feelings, sleepless nights due to UEs negligence. ISSUE: Whether UE should be held liable for misleading a student into believing JADER satisfied all the requirements for graduation when such is not the case. Can he claim moral damages? HELD: SC held that petitioner was guilty of negligence and this liable to respondent for the latters actual damages. Educational institutions are duty-bound to inform the students of their academic status and not wait for the latter to inquire from the former. However, respondent should not have been awarded moral damages though JADER suffered shock, trauma, and pain when he was informed that he could not graduate and will not be allowed to take the bar examinations as what CA held because its also respondents duty to verify for himself whether he has completed all necessary requirements to be eligible for the bar examinations. As a senior law student, he should have been responsible in ensuring that all his affairs specifically those in relation with his academic achievement are in order. Before taking the bar examinations, it doesnt only entail a mental preparation on the subjects but there are other prerequisites such as

documentation and submission of requirements which prospective examinee must meet. WHEREFORE, the assailed decision of the Court of Appeals is AFFIRMED with MODIFICATION. Petitioner is ORDERED to PAY respondent the sum of Thirty-five Thousand Four Hundred Seventy Pesos (P35,470.00), with legal interest of 6% per annum computed from the date of filing of the complaint until fully paid; the amount of Five Thousand Pesos (P5,000.00) as attorney's fees; and the costs of the suit. The award of moral damages is DELETED. Pe et. al vs. Pe Pe et. al. vs. Pe G.R. No. L-17396. 30 May 1962. Bautista Angelo J.: Appeal from a decision of the CFI Mla. Facts: Plaintiffs are parents, brothers and sisters of Lolita Pe, an unmarried woman 24 years of age. Defendant, a married man, frequently visited Lolitas house on the pretext that he wanted her to teach him to pray the rosary. They fell in love and conducted clandestine trysts. When the parents learned about this they prohibited defendant from going to their house. The affair continued just the same. On April 14, 1957 Lolita disappeared from her brothers house where she was living. A note in the handwriting of the defendant was found inside Lolitas aparador The present action was instituted under Article 21 of the Civil Code. The lower court dismissed the action and plaintiffs appealed. Issue: W/N the defendant committed injury to Lolita's family in a manner contrary to morals, good customs and public policy as contemplated in Article 21 of the New Civil Code. Held: The circumstances under which defendant tried to win Lolitas affection cannot lead to any other conclusion than that it was he who, thru an ingenious scheme or trickery, seduced the latter to the extent of making her fall in love with him. Indeed, no other conclusion can be drawn from this chain of events than that defendant not only deliberately, but through a clever strategy, succeeded in winning the affection and love of Lolita to the extent of having illicit relations with her. The wrong he has caused her and her family is indeed immeasurable considering the fact that he is a married man. Verily, he has committed and injury to Lolitas family in a manner contrary to morals, good customs and public policy as contemplated in Article 21 of the New Civil Code.