Hotel Wedding Roberto Action Reception Coordinator Guest Prosper

I.

a) Roberto was in Nikko Hotel when he bumped into a friend who was then on her way to a wedding reception being held in said hotel. Roberto alleged that he was then invited by his friend to join her at the wedding reception and carried the basket full of fruits which she was bringing to the affair. At the reception, the wedding coordinator of the hotel noticed him and asked him, allegedly in a loud voice, to leave as he was not in the guest list. He retorted that he had been invited to the affair by his friend, who however denied doing so. Deeply embarrassed by the incident, Roberto then sued the hotel for damages under Articles 19 and 21 of the Civil Code. Will Roberto's action prosper? Explain. (5%) 

SUGGESTED ANSWER:

No.  Roberto's action will not prosper.  From the facts given in the problem,  the wedding coordinator did not abuse her right when she asked him to leave the wedding reception because he was not in the guest list.  Hotel Nikko could not be held liable for damages as its liability springs from the liability of its employee. (Nikko Hotel Manila Garden v. Reyes, GR NO. 154259, February 28, 2005).

ALTERNATIVE ANSWER:

It depends.  While the hotel has the right to exclude an uninvited guest from the wedding reception, that does not give the hotel the license to humiliate Roberto.  If the wedding coordinator of the hotel acted wrongfully e.g. with abuse of right, unfairly, or in a manner that exposed Roberto to unnecessary ridicule or shame, his action will prosper.  Otherwise, Roberto's action will not prosper. The hotel is liable for the wrongful acts of its employees.