Nikko Hotel Manila Garden v. Reyes, G.R. No. 154259, Feb. 28, 2005

FACTS: While drinking coffee at the lobby of Hotel Nikko, respondent Reyes was invited by a friend, Dr. Filart to join her in a party in celebration of the birthday of the hotel’s manager. During the party and when respondent was lined up at the buffet table he was stopped by Ruby Lim, the executive secretary of the hotel, and asked him to leave the party. Shocked and embarrassed, he tried to explain that he was invited by Dr. Filart, who was herself a guest. Then, Makati policeman approached him and escorted him out of the party. Lim admitted that she asked Reyes to leave but not in an ignominious manner, as how it was described by Reyes. Suddenly, Reyes screamed and made a big scene. Respondent filed an action for moral or exemplary damages. RTC dismissed the appeal. CA granted the appeal. Hence this petition.

ISSUE: W/N Hotel Nikko is liable under Art 19 & 21 of Civil Code

HELD: No proof on the part of Lim to humiliate Mr Reyes and expose him to ridicule and shame. Reyes’ version of story was unsupported by failing to present witness to back his story. No damages.