Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
City of Makati
Branch __56__

RODOLFO VIERNES
Plaintiff,

-versus- CIVIL CASE NO. _______________________

DR. VIOLY FIE

RUBY LIM
Defendants.
x-------------------------------------------x

COMPLAINT

COMES NOW, Plaintiff, through the undersigned counsel, unto this Honorable
Court, most respectfully states:

1. The plaintiff Rodolfo Viernes is of legal age, Filipino and a resident of 309 One
Rockwell West Tower, Makati, Metro Manila, where he may be served with
notices and other processes from this Honorable Court;

2. Defendants are:

2.1. Defendant Dr. Violy Fie is of legal age, Filipino and a resident of 813 Tower
3 San Lorenzo Place, Makati, 1231 Metro Manila, where she may be served with
summons and other processes from this Honorable Court;

2.2. Defendant Ruby Lim is of legal age, Filipino and a resident of 511 Belton
Place, Makati, Metro Manila, where she may be served with summons and other
processes from this Honorable Court; Libby Hotels Executive Secretary for the
past twenty (20) years.

STATEMENT OF FACTS

3. On 13th of October 2016, around 6:00 o’clock in the evening, while Plaintiff was
having coffee in the lobby of Libby Hotel, he was approached by Defendant Dr.
Fie, his alleged friends of several years.

4. That Defendant Dr. Fie invited him to join in a party at the hotel’s penthouse in
celebration of the natal day of the hotel’s manager, Mr. Masakazu Tsuruoka.
 5. That Plaintiff asked if Defendant Dr. Fie could vouch him for which the latter
replied, “of course.”

6. That Plaintiff then went up at the party, carrying the basket of fruits, which was
Defendant Dr. Fie’s present for the celebrant, Mr. Tsuruoka.

7. That, at the penthouse, when the buffet was ready, Plaintiff lined-up at the buffet
table but, to his great shock, shame and embarrassment, he was stopped by
Defendant Lim, telling him in a loud voice and within the presence and hearing
of the other guests who were making a queue at the buffet table, to leave the
party by saying, “huwag ka nang kumain, ‘di ka imbitado, bumaba ka na lang.”

8. That when Plaintiff tried to explain that he was invited by Defendant Dr. Fie, the
latter, who was within hearing distance, however, completely ignored him, thus,
adding to his shame and humiliation.

9. That not long after, while the Plaintiff was still recovering from traumatic
experience, a Makati policeman approached and asked him to step out of the
hotel. Like a common criminal, Plaintiff was escorted out of the party by the
policeman.

10. That in the view of the foregoing, the humiliation, embarrassment and shame
suffered by the Plaintiff caused by the Defendants was unacceptable. As such,
the latter should be adjudged to pay the Plaintiff actual damages in the amount
of Php 1,000,000.00; and due to sleepless nights and wounded feelings the
plaintiff suffered caused by the aforementioned humiliation, embarrassment and
shame, the Defendants should be adjudged to pay moral and/or exemplary
damages in the amount of Php 1,000,000.00

11. Also, due to Defendants’ damages incurred to Plaintiff, the latter was
constrained to acquire the services of a lawyer. It is therefore prayed that the
Defendants be adjudged to pay Plaintiff attorney’s fees in the amount of Php
200,000.00.

PRAYER

WHEREFORE, it is respectfully prayed at this Honorable Court that after hearing, a

Decision be rendered as follows:

1. Ordering the defendants to pay Php 1,000,000.00 as actual damages, Php

1,000,000.00 as moral and/or exemplary damages and Php 200, 000 as
Attorney’s fees.

Other reliefs just and equitable under the premises are likewise most respectfully
prayed for.
City of Makati, November 28, 2016.

The Law Office of

GUTIERREZ & MADAYAG
Counsel for the Plaintiff
413 Sen. Gil J. Puyat Ave
Makati, 1200 Metro Manila

ATTY. LEIGH P. GUTIERREZ

IBP NO. 654347/ Jan. 14, 2015 Makati
PTR No. 9867534/ Jan. 14, 2015 Makati
Roll of Attorney’s No. 60145
MCLE Compliance No. V -0065242- 1-16 -15