Beruflich Dokumente
Kultur Dokumente
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 154259 February 28, 2005
NIKKO HOTEL MANILA GARDEN and RUBY LIM, petitioners,
vs.
ROBERTO REYES, a.k.a. “AMAY BISAYA,” respondent.
DECISION
CHICO-NAZARIO, J.:
FACTS:
452 SCRA 532 – Civil Law – Human Relations – Abuse of Rights – Volenti Non Fit Injuria
One evening in October 1994, an exclusive party was being held at the Nikko Hotel Manila Garden. The
party was being held for a prominent Japanese national. The person in charge at the party was Ruby Lim
who was also the executive secretary of the hotel. Later during the party, she noticed Robert Reyes
(popularly known as Amay Bisaya). Reyes was not on the list of exclusive guests. Lim first tried to find
out who invited Reyes to the party. When she ascertained that the host celebrant did not invite Reyes,
Lim approached Reyes and told the latter, in a discreet voice, to finish his food and leave the party.
Reyes however made a scene and began shouting at Lim. Later, a policeman was called to escort Reyes
out of the party.
Reyes then sued Lim and Nikko Hotel Manila Garden for damages. In his version, he said that he was
invited by another party guest, Dr. Violeta Filart. He said that while he was queuing to get his food, Lim
approached him and ordered him in a loud voice to leave the party immediately. He told Lim he was
invited by Dr. Filart however when he was calling for Dr. Filart the latter ignored him. Later, he was
escorted out of the party like a common criminal.
The trial court ruled in favor of Lim and Nikko Hotel. However, the Court of Appeals ruled in favor of
Reyes as it ruled that Lim abused her right and that Reyes deserved to be treated humanely and fairly. It
is true that Lim had the right to ask Reyes to leave the party but she should have done it respectfully.