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Nikko Hotel Manila Garden Vs Reyes

Ruby Lim, the Executive Secretary of Nikko Hotel Manila, asked actor Roberto Reyes, known as "Amay Bisaya", to leave the hotel manager's birthday party. Reyes alleged he was humiliated when asked to leave. However, the court found Reyes was not invited to the party and Lim did not abuse her rights in asking an uninvited guest to leave. As Lim was not liable for damages, her employer Nikko Hotel was also not liable. The court upheld the lower court's factual findings that there was no proof Lim intended to humiliate Reyes. Without evidence of ill motive, Lim's actions did not violate the Civil Code and Reyes assumed the risk of being asked to leave an event

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4K views2 pages

Nikko Hotel Manila Garden Vs Reyes

Ruby Lim, the Executive Secretary of Nikko Hotel Manila, asked actor Roberto Reyes, known as "Amay Bisaya", to leave the hotel manager's birthday party. Reyes alleged he was humiliated when asked to leave. However, the court found Reyes was not invited to the party and Lim did not abuse her rights in asking an uninvited guest to leave. As Lim was not liable for damages, her employer Nikko Hotel was also not liable. The court upheld the lower court's factual findings that there was no proof Lim intended to humiliate Reyes. Without evidence of ill motive, Lim's actions did not violate the Civil Code and Reyes assumed the risk of being asked to leave an event

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Marivic Veneracion
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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NIKKO HOTEL MANILA GARDEN and RUBY LIM

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

Facts:
Reyes, who is an actor that goes by the name “Amay Bisaya” alleged that
while having coffee at the lobby of Hotel Nikko, Dr. Filart, his friend for several
years, approached and invited him to join her in a party at the hotel’s penthouse
for the hotel’s manager’s birthday, Mr. Tsuruoka. Mr. Reyes then went up with Dr.
Filart carrying the basket of fruits which was the doctor’s present for the
celebrant.
At the party when the buffet dinner was ready, Mr. Reyes lined-up at the
buffet table, to his great shock and embarrassment, he was stopped by
petitioner Ruby Lim, Executive Secretary of Hotel Nikko and asked him to leave
the party. He tried to explain that he was invited by Dr. Filart, who was within
hearing distance, however, completely ignored him thus adding to his shame
and humiliation. Not long after, a Makati policeman approached and asked him
to step out of the hotel.
Mr. Reyes asked for damages, namely 1M pesos actual damages, 1M
pesos moral and/or exemplary damages and 200,000 pesos attorney’s fees.
Ruby Lim explained that he asked Mr. Reyes to leave the party but not under the
ignominious or public shame circumstance painted by the latter. She narrated
that she was the Hotel’s Executive Secretary for the past 20 years and there has
been a generated guest list limited to Mr. Tsuruoka’s closest friends and some
hotel employees and that Mr. Reyes was not one of those invited.
Dr. Filart gave her version of the story that she never invited Mr. Reyes to
the party. According to her, it was Mr. Reyes who volunteered to carry the
basket of fruits intended for the celebrant as he was also going for the elevator.
When they reached the penthouse, she reminded Mr. Reyes to go down as he
was not properly dressed and not invited.
Respondent filed an action for damages. RTC dismissed the complaint,
ratiocinated that Mr. Reyes assumed the risk of being thrown out of the party as
he was uninvited. On appeal, CA reversed the ruling of RTC. Thus, the instant
petition for review.

Issue:
Whether or not Ms. Ruby Lim is liable under Articles 19 and 21 of the Civil
Code of the Philippines in asking Mr. Reyes to leave the party as he was not
invited by the celebrant thereof and whether or not Hotel Nikko, as the employer
of Ms. Lim, be solidarily liable with her.

Ruling:
The Court found the lower court’s findings of facts more credible. There
was no proof of motive on Ms. Lim to humiliate Mr. Reyes and to expose him to
shame and embarrassment. Mr. Reyes’ version of the story was unsupported,
failing to present any witness to back his story. Ms. Lim therefore, not having
abused her right to ask Mr. Reyes to leave as he was not invited to the party,
cannot be made liable for damages under Articles 19 and 21 of the Civil Code
of the Philippines, neither can her employer, Hotel Nikko, be held liable as its
liability springs from that of its employees.
When a right is exercised in a manner which does not conform with the
norms enshrined in Article 19 and results in damage to another, a legal wrong is
thereby committed for which the wrongdoer must be responsible. Article 21
states that any person who wilfully causes loos or injury to another in a manner
that is contrary to public order, morals and good customs shall compensate the
latter for damage/s.
Without proof of any ill-motive on her part, Ms. Lim’s act cannot amount to
abusive conduct. The maxim “Volenti Non Fit Injuria” (self-inflicted injury) was
upheld by the Court in which a person assents is not esteemed in law as injury,
that consent to injury precludes the recovery of damages by one who has
knowingly and voluntarily exposed himself to danger.

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