Nikko Hotel vs. Reyes

TITLE: Nikko Hotel Manila vs. Reyes

CITATION: GR No. 154259, February 28, 2005

FACTS:

Petitioners Nikko Hotel Manila and Ruby Lim assailed the decision of the Court of Appeals in reversing the decision of RTC of Quezon City.  CA held petitioner liable for damages to Roberto Reyes aka “Amang Bisaya”, an entertainment artist.

There are two versions of the story:

Mr. Reyes: On the eve of October 13, 1994, Mr. Reyes while having coffee at the lobby of Nikko Hotel was approached by Dr. Violet Filart, a friend 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 carried a basket of fruits, the latter’s gift.  He He lined up at the buffet table as soon as it was ready but to his great shock, shame and embarrassment, Ruby Lim, Hotel’s Executive Secretary, asked him to leave in a loud voice enough to be heard by the people around them.  He was asked to leave the party and a Makati policeman accompanied him to step-out the hotel.  All these 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, 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 talking over the phone and doesn’t want to interrupt her.  She asked Mr. Reyes to leave because the celebrant specifically ordered that the party should be intimate consisting only of those who 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, he 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: 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.