G.R. No.

154259
NIKKO HOTEL MANILA GARDEN and RUBY LIM
vs.
ROBERTO REYES, a.k.a. "AMAY BISAYA,"
February 28, 2005

CHICO-NAZARIO, J.:

FACTS:

There are two versions of the story:

Mr. Reyes:
On the eve of October 13, 1994, while having coffee at the lobby of Nikko Hotel Mr. Reyes was
approached by Dr. Violet Filart, a friend from several years back. According to Mr. Reyes, Dr.
Filart invited him to join a birthday party at the penthouse for the hotel’s former General
Manager, Mr. Tsuruoka. Plaintiff agreed as Dr. Filart agreed to vouch for him and he carried the
basket of fruits, the latter’s gift for the celebrant. He lined up at the buffet table as soon as it was
ready but to his great shock, shame and embarrassment, Ruby Lim, the Hotel’s Executive
Secretary, asked him to leave in a voice loud enough to be heard by the people around them. A
Makati policeman escorted him out of the hotel. All this 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. Filart’s sister, Ms. Zenaida Fruto, to ask if
indeed Dr. Filart invited Mr. Reyes to the event. She wasn’t able to ask Dr. Filart personally
since the latter was talking to another guest and doesn’t want be interrupted by her. She asked
Mr. Reyes to leave because the celebrant specifically ordered that the party should be intimate,
consisting only of those who were on the list. She even politely asked the plaintiff to finish his
food then leave the party.

During the plaintiff’s cross-examination, he was asked how close Ms. Lim was 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. Lim’s intention to relay the request to
be heard only by him. It was Mr. Reyes who made a scene causing everybody to know what
happened.

The trial court dismissed the complaint, giving more credence to the testimony of Ms. Lim that
she was discreet in asking Mr. Reyes to leave the party. The trial court likewise ruled that Mr.
Reyes assumed the risk of being thrown out of the party as he was uninvited. However, the Court
of Appeals reversed the ruling of the trial court as it found more commanding of belief the
testimony of Mr. Reyes. CA held petitioner liable for damages to Roberto Reyes aka “Amay
Bisaya”, an entertainment artist. Hence, this petition.
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. Hence, petitioners will not be held
liable for damages brought under Article 19 and 20 of the Civil Code.