HOTEL NIKKO V.

REYES

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: HOTEL NIKKO V. REYES

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 hotels former General
Manager, Mr. Tsuruoka. Plaintiff agreed as Dr. Filart agreed to vouch for him and carried a basket
of fruits, the latters 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, Hotels 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. Filarts sister, Ms. Zenaida
Fruto, if Dr. Filart did invite him as the captain waiter told Ms. Lim that Mr. Reyes was with Dr.
Filarts group. She wasnt able to ask it personally with Dr. Filart since the latter was talking over

the phone and doesnt 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 plaintiffs 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. Lims 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. HOTEL NIKKO V. REYES

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 hotels former General
Manager, Mr. Tsuruoka. Plaintiff agreed as Dr. Filart agreed to vouch for him and carried a basket
of fruits, the latters 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, Hotels 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. Filarts sister, Ms. Zenaida
Fruto, if Dr. Filart did invite him as the captain waiter told Ms. Lim that Mr. Reyes was with Dr.

Filarts group. She wasnt able to ask it personally with Dr. Filart since the latter was talking over
the phone and doesnt 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 plaintiffs 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. Lims 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.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 hotels former General Manager, Mr. Tsuruoka. Plaintiff agreed as Dr. Filart
agreed to vouch for him and carried a basket of fruits, the latters 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,
Hotels 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. Filarts sister, Ms. Zenaida
Fruto, if Dr. Filart did invite him as the captain waiter told Ms. Lim that Mr. Reyes was with Dr.
Filarts group. She wasnt able to ask it personally with Dr. Filart since the latter was talking over
the phone and doesnt 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 plaintiffs 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. Lims 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. HOTEL NIKKO V. REYES

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 hotels former General
Manager, Mr. Tsuruoka. Plaintiff agreed as Dr. Filart agreed to vouch for him and carried a basket
of fruits, the latters 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, Hotels 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. Filarts sister, Ms. Zenaida
Fruto, if Dr. Filart did invite him as the captain waiter told Ms. Lim that Mr. Reyes was with Dr.
Filarts group. She wasnt able to ask it personally with Dr. Filart since the latter was talking over
the phone and doesnt 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 plaintiffs 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. Lims 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.