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University of the East vs Jader

on November 6, 2010

327 scra 804 Article 19 of the Civil Code


Petitioner was enrolled in the defendants College of Law. He failed to take the regular examination in Practice Court 1 for which he was given an incomplete grade. He enrolled for the second semester as a fourth year student, and filed an application for the removal of the incomplete grade which was approved by the Dean. In the meantime, the faculty members and the Dean met to deliberate who among the fourth year students should be allowed to graduate. The plaintiffs name appeared on the tentative list, he also attended the investiture ceremonies to which he tendered blowout afterwards. He thereafter prepared himself for the bar examination and took review classes. However, he was not able to take the bar examination because his academic requirements is not complete. Consequently, respondent sued petitioner for damages alleging that he suffered moral shock besmirched reputation, wounded feelings, sleepless nights, when he was not able to take the 1988 bar examinations arising from the latters negligence. He prayed for an award of moral damages, unrealized income, attorneys fees and cost of suit. ISSUE: Whether or not an educational institution be held liable for damages for misleading a student into believing that the latter had satisfied all the requirements for graduation when such is not the case. HELD: The Supreme Court held that UE is liable for damages. It is the contractual obligation of the school to timely inform and furnish sufficient notice and information to each and every student as to where he or she had already complied with the entire requirement for the conferment of a degree or whether they should be included among those who will graduate. The school cannot be said to have acted in good faith. Absence of good faith must be sufficiently established for a successful prosecution by the aggrieved party in suit for abuse of right under Article 19 of the Civil Code.

University of the East vs Jader


TITLE: University of the East vs. Jader CITATION: GR No. 132344, February 7, 2000

FACTS:

Romeo Jader graduated at UE College of law from 1984-88. During his last year, 1stsemester, he failed to take the regular final examination in Practical Court 1where he was given an incomplete grade remarks. He filed an application for removal of the incomplete grade given by Prof. Carlos Ortega on February 1, 1988 which was approved by Dean Celedonio Tiongson after the payment of required fees. He took the exam on March 28 and on May 30, the professor gave him a grade of 5.

The commencement exercise of UE College of law was held April 16, 1988, 3PM. In the invitation, his name appeared. In preparation for the bar exam, he took a leave of absence from work from April 20- Sept 30, 1988. He had his pre-bar class review in FEU. Upon learning of such deficiency, he dropped his review classes and was not able to take the bar exam.

Jader sued UE for damages resulting to moral shock, mental anguish, serious anxiety, besmirched reputation, wounded feelings, sleepless nights due to UEs negligence.

ISSUE: Whether UE should be held liable for misleading a student into believing JADER satisfied all the requirements for graduation when such is not the case. Can he claim moral damages?

HELD:

SC held that petitioner was guilty of negligence and this liable to respondent for the latters actual damages. Educational institutions are duty-bound to inform the students of their academic status and not wait for the latter to inquire from the former. However, respondent should not have been awarded moral damages though JADER suffered shock, trauma, and pain when he was informed that he could not graduate and will not be allowed to take the bar examinations as what CA held because its also respondents duty to verify for himself whether he has completed all necessary requirements to be eligible for the bar examinations. As a senior law student, he should have been responsible in ensuring that all his affairs specifically those in relation with his academic achievement are in order.

Before taking the bar examinations, it doesnt only entail a mental preparation on the subjects but there are other prerequisites such as documentation and submission of requirements which prospective examinee must meet.

WHEREFORE, the assailed decision of the Court of Appeals is AFFIRMED with MODIFICATION. Petitioner is ORDERED to PAY respondent the sum of Thirty-five Thousand Four Hundred Seventy Pesos (P35,470.00), with legal interest of 6% per annum computed from the date of filing of the complaint until fully paid; the amount of Five Thousand Pesos (P5,000.00) as attorney's fees; and the costs of the suit. The award of moral damages is DELETED.

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