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Bagumbayan Corp. Vs.Intermediate Appellate Court, et al.

BAGUMBAYAN CORPORATION, petitioner, vs. INTERMEDIATE APPELLATE COURT, LELISA SE?A and ARTURO SE?A, respondents.

G.R. No. L-66274 | 1984-09-30

D E C I S I O N


AQUINO, J.:

This case is about the customer's claim for moral and exemplary damages due to the alleged negligence of a waiter. The spouses Lelisa Seña and Arturo Seña and their four children went to the Tropical Palace Hotel, Parañaque, Metro Manila in the evening of December 20, 1976 to see the Reycard Duet Show. They occupied a table and ordered drinks before the show started. The hall was crowded and, as anyone who attended such show can attest, excitement and confusion prevailed (8, 40-41 tsn, January 19, 1978).

Lelisa's version was that when a waiter named Baez was going to serve them, the tray...