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Amay Bisaya and Gate-Crashing

March 5, 2005

The Supreme Court just handed down a decision dismissing the case filed by Amay Bisaya against Hotel Nikko for asking him leave a hotel party which he gate crashed. 

Essentially, the legal doctrine here is this:  when gate-crashing a party, you’re still entitled to be treated respectfully while you’re being thrown out.  If Amay Bisaya’s version were to be believed (that the hotel staff shouted at him to leave the private party), then he would have been entitled to damages.

The question not answered by (or maybe not put before) the Court is: was Hotel Nikko entitled to claim damages from Amay Bisaya for gate-crashing the party?  If so, what are the determinative criteria in computing damages for gate-crashing?  The impropriety of attire, the party’s exclusivity, the extent of the host’s embarrassment, the social standing of the host in relation to the gate-crasher, etc.?  The last one is interesting because it implies that if a rich man crashes the party of a poor man, the latter isn’t entitled to as much damages if it were the other way around.

Anyway,  let’s just take the Court’s advice and be courteous even to gate-crashers who, after all, are still entitled to be treated with some measure of dignity (even though they’ve violated a social rule).

Posted by JJ Disini at 9:22 pm | permalink | comments[1]