Dear PAO,
I invited my friends to play tennis in a sports club where I am an incumbent member-stockholder. However, since I forgot to pay my monthly dues, my club privileges were suspended and we weren’t able to play. I pleaded with the club personnel to allow us to use the facilities, but they were stern in rejecting my request citing the club bylaws. I was humiliated in front of my friends. I am a very capable man and I simply forgot to pay such dues. Can I sue my sports club for moral damages?
Alexander
Dear Alexander,
No, a case for moral damages against your sports club may not prosper.
As explained by the Supreme Court in the similar case of The Orchard Gold & Country Club, Inc. et al. vs. Yu and Yuhico, G.R. No. 191033, January 11, 2016, penned by Chief Justice Diosdado M. Peralta, there is a material distinction between damages and injury, saying:
“The mere fact that the plaintiff suffered losses does not give rise to a right to recover damages. To warrant the recovery of damages, there must be both a right of action for a legal wrong inflicted by the defendant, and damage resulting to the plaintiff therefrom. Wrong without damage, or damage without wrong, does not constitute a cause of action, since damages are merely part of the remedy allowed for the injury caused by a breach or wrong.
“There is a material distinction between damages and injury. Injury is the illegal invasion of a legal right; damage is the loss, hurt, or harm which results from the injury; and damages are the recompense or compensation awarded for the damage suffered. Thus, there can be damage without injury in those instances in which the loss or harm was not the result of a violation of a legal duty. These situations are often called damnum absque injuria. xxx
“In other words, in order that the law will give redress for an act causing damage, that act must be not only hurtful, but wrongful. There must be damnum et injuria. If, as may happen in many cases, a person sustains actual damage, that is, harm or loss to his person or property, without sustaining any legal injury, that is, an act or omission which the law does not deem an injury, the damage is regarded as damnum absque injuria.”
In your case, there was no illegal invasion of your right to use the club facilities because your privileges were suspended due to your failure to pay the monthly dues. Indubitably, regular members are entitled to use all the facilities and privileges of the Club, but such privilege is subject to its rules and regulations. The mental anguish or humiliation you may have experienced was brought upon you by your own failure to comply with the rules and regulations of the Club, regarding the prompt payment of the monthly dues. Thus, considering that your privileges were validly suspended, there is no reason for the Club to compensate you. There was no wrongful enforcement of the by-laws as these rules are presumed to apply to all members of the club.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
