Del Rosario, Ronnie G.

JD-1

G.R. No. 154259 February 28, 2005

NIKKO HOTEL MANILA GARDEN and RUBY LIM, petitioners,
vs.
ROBERTO REYES, a.k.a. "AMAY BISAYA," respondent.

In this petition for review on certiorari, petitioners Hotel Nikko and Ruby Lim assail the Decision of
the CA reversing the decision of the RTC of Quezon City as well as the Resolution of the CA which
denied petitioners’ motion for reconsideration.

FACTS:

Mr. Reyes, more popularly known by the screen name "Amay Bisaya," alleged that, while he was
having coffee at the lobby of Hotel Nikko, he was spotted by his friend, Dr. Violeta Filart, who then
approached him. Dr. Filart invited him to join her in a birthday party at the hotel’s penthouse being
celebrated by the hotel’s manager, Mr. Masakazu Tsuruoka. Ruby Lim, as Executive Secretary of
Nikko Hotel, was then organizer of the said event.

Mr. Reyes asked if Dr. Filart could vouch for him for which she agreed, then went up with the party
of Dr. Filart carrying the basket of fruits which was the latter’s present for the celebrant. They first
had their picture taken with the celebrant after which Mr. Reyes sat with Dr. Filart. When the buffet
dinner was ready, Mr. Reyes lined-up at the buffet table but, to his great shock, shame and
embarrassment, he was stopped by petitioner, Ruby Lim.

In a loud voice which can be heard by the other guests who were making a queue at the buffet table,
Ms. Lim told him to leave the party saying, "huwag ka nang kumain, hindi ka imbitado, bumaba ka na
lang". Mr. Reyes tried to explain that he was invited by Dr. Filart, however, he was completely
ignored by Dr. Filart thus adding to his shame and humiliation. Not long after, a Makati policeman
approached and asked him to step out of the hotel. Like a common criminal, he was escorted out of
the party by the policeman.

Claiming damages, Mr. Reyes asked for One Million Pesos actual damages, One Million Pesos moral
and/or exemplary damages and Two Hundred Thousand Pesos attorney’s fees.
As for Ms. Ruby Lim, admitted asking Mr. Reyes to leave the party but not in the manner claimed by
the latter. Ms. Lim approached several people including Dr. Filart’s sister, Ms. Zenaida Fruto, if Dr.
Filart did invite him as the captain waiter told Ms. Lim that Mr. Reyes was with Dr. Filart’s group.

She wasn’t able to ask it personally with Dr. Filart since the latter was engaged in conversation with
another guests and doesn’t want to interrupt her. She then asked Mr. Reyes directly to leave
because the celebrant specifically ordered that the party should be intimate consisting only of those
who were part of the list. She even asked politely with the plaintiff to finish his food then leave the
party.

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

ISSUE:

W/N petitioners acted abusively in asking Mr. Reyes to leave the party and that they should be held
liable for the damages brought under Article 19 and 20 of the Civil Code.

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.