NIKKO

HOTEL MANILA GARDEN and RUBY LIM, petitioners

VS.
ROBERTO REYES, a.k.a “AMAY BISAYA”, respondent
G.R. No. 154259, February 28, 2005


FACTS:

Reyes attended the exclusive party thrown for the hotel’s former manager on the
account of Dr. Violeta Filart vouching for his attendance to which she agreed. While
at the buffet table, Lim, executive secretary of Nikko Hotel allegedly ordered him to
leave the party in a loud voice effectively embarrassing him in front of many people.
The Trial Court rules in favor of Lim and Nikko Hotel. However, the Court of Appeals
ruled in favor of Reyes. Petitioner prays for the reversal of the decision of the Court
of Appeals against them.

ISSUE:

Did the petitioner violated Article 19 & 21 of the Civil Code thus entitling the
respondent for compensation of damages?

HELD:

Petitioner did not violate Article 19 which provides “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 honestly and good faith” and Article 21 which
provides “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” for there was no intention on her part to humiliate respondent as she
was just mindful of the celebrant’s instructions; and that she was being conscious of
her responsibility for generating the exclusive guest list as she was the executive
secretary of the Hotel. As it was further demonstrated by the respondent the fact
that she was close to him as to be able for petitioner to kiss him while she was
asking him to leave. Thus, showed her intention to be discreet. It was therefore
decided by the Court of Appeals to have a reversal and of the Regional Trial Court
affirmed.