PROBLEMATIQUE 2

Petitioner Roberto Batungbakal (Mr. Batungbakal) is a well-known actor, whose is

more popularly known by the screen name "Chuy." He alleged that at around 6:00 o'clock in
the evening of 02 September 2023, he was having coffee at the lobby of the posh, five-star
hotel known as Hotel Mabuhay. While enjoying his coffee, he was spotted by his friend of
several years, Dr. Mari Tess (Dr. Tess), who then approached him. Dr. Tess invited him to
join her in a party at the hotel's penthouse in celebration of the birthday of the hotel's manager,
Mr. Itsumo Kuokoro. Mr. Batungbakal asked if she could vouch for him to which she replied,
"Of course."

Mr. Batungbakal then went up with the party of Dr. Tess carrying the basket of fruits
which was the latter's present for the celebrant. At the penthouse, they first had their picture
taken with the celebrant. After which Mr. Batungbakal sat with the party of Dr. Tess. After a
couple of hours, when the buffet dinner was ready, Mr. Batungbakal lined-up at the buffet
table but, to his great shock, shame and embarrassment, he was stopped by respondent Telma
Ang (Ms. Ang), who claimed to speak for Hotel Mabuhay as Executive Secretary thereof. In a
loud voice and within the presence and hearing of the other guests who were making a queue
at the buffet table, Telma Ang told him to leave the party ("Ayaw og kaon diri. Dili ka invited.
Pahawa diri."). Mr. Batungbakal tried to explain that he was invited by Dr. Tess. However, Dr.
Tess, who was within hearing distance, completely ignored him thus adding to his shame and
humiliation. Not long after, while he was still recovering from the traumatic experience, a
Makati policeman approached and asked him to step out of the hotel. Like a common criminal,
he was escorted out of the party by the policeman.

Respondent Telma Ang admitted asking Mr. Batungbakal to leave the party but not
under the circumstances painted by the latter. Ms. Ang narrated that she was the Hotel's
Executive Secretary for the past fifteen (15) years. One of her functions included organizing
the birthday party of the hotel's former General Manager, Mr. Tsuruoka.

The year 2023 was no different. For Mr. Tsuruoka's party, Ms. Ang generated an
exclusive guest list and extended invitations accordingly. The guest list was limited to
approximately sixty (60) of Mr. Tsuruoka's closest friends and some hotel employees and that
Mr. Batungbakal was not one of those invited. At the party, Ms. Ang first noticed Mr.
Batungbakal at the bar counter ordering a drink. Mindful of Mr. Tsuruoka's wishes to keep
the party intimate, Ms. Ang approached Mr. Boy Miller, the "captain waiter," to inquire as to
the presence of Mr. Batungbakal who was not invited. Mr. Miller replied that he saw Mr.
Batungbakal with the group of Dr. Tess. As Dr. Tess was engaged in conversation with
another guest and as Ms. Ang did not want to interrupt, she inquired instead from the sister
of Dr. Tess, Ms. Venus Reyes, who told her that Dr. Tess did not invite Mr. Batungbakal. Ms.
Ang then requested Ms. Reyes to tell Mr. Batungbakal to leave the party as he was not invited.
Mr. Batungbakal, however, lingered prompting Ms. Ang to inquire from Ms. Reyes who said
that Mr. Batungbakal did not want to leave.
 When Ms. Ang turned around, she saw Mr. Batungbakal conversing with a Captain
Batung whom she later approached. Believing that Captain Batung and Mr. Batungbakal knew
each other, Ms. Ang requested from him the same favor from Ms. Reyes, i.e., for Captain
Batung to tell Mr. Batungbakal to leave the party as he was not invited. Still, Mr. Batungbakal
lingered.

When Ms. Ang spotted Mr. Batungbakal by the buffet table, she decided to speak to
him herself as there were no other guests in the immediate vicinity. However, as Mr.
Batungbakal was already helping himself to the food, she decided to wait. When Mr.
Batungbakal went to a corner and started to eat, Ms. Ang approached him and said: "Kahibaw
ka, dili unta ka dapat ania diri. Pero kay nakakuha naman ka og pagkaon, hutda lang usa na unya pwede
naka muhawa igka human nimo og kaon." She then turned around trusting that Mr. Batungbakal
would show enough decency to leave, but to her surprise, he began screaming and making a
big scene, and even threatened to dump food on her.

Batungbakal filed a case against Ang for damages under the human relations provisions
under the New Civil Code. He alleged that as a person of good repute, he suffered public
shame and humiliation due to Ang’s behavior towards him. Batungbakal asked for One Million
Pesos as actual damages, One Million Pesos as moral and/or exemplary damages and Two
Hundred Thousand Pesos as attorney's fees.

Write a position paper for the party you are representing.

xxx xxx xxx

Instructions:

1. In writing the position paper for your assigned party, you may supply necessary but missing
details. The paper must contain the following sub-headings:
I. Parties
II. Statement of Facts
III. Issue/s
IV. Arguments and Discussion
V. Prayer

2. Observe the Efficient Use of Paper Rule (A.M. NO. 11-9-4-SC) in formatting your paper.

3. Submit a hard copy of your position paper at the USJ-R School of Law office at the
stipulated deadline:
I. Wednesday Class 7020 – 22 Nov 2023
II. Thursday Class 7116 – 23 Nov 2023
III. Saturday Class 7023 – 25 Nov 2023
IV. Sunday Class 7022 – 26 Nov 2023