University of the East v. Jader
G.R. No. 132344
February 17, 2000
UNIVERSITY OF THE EAST, petitioner,
vs.
ROMEO A. JADER, respondent
Facts:
Romeo Jader was a law student at the University of the East from 1984 to 1988. In his first semester of his fourth year, he failed to take the regular examination in Practice Court I for which he was given an incomplete grade. He enrolled for the second semester and on February 1, 1988, he filed an examination for the removal of his incomplete grade, which was approved by the dean. He took the examination but was given a grade of 5 (failing).
The dean and the faculty members of the university deliberated as to who among their graduating students would be allowed to graduate. Jader’s name was in the tentative list of candidates for graduation. The invitation for the commencement exercises also included his name, but at the foot of the list, the following was written:
This is a tentative list Degrees will be conferred upon these candidates who satisfactorily complete requirements as stated in the University Bulletin and as approved of the Department of Education, Culture and Sports
During the ceremony, Jader’s name was called, and he received a rolled white sheet of paper symbolical of the law diploma. After graduation, he took a leave of absence without pay from his job to prepare for the bar examination and enrolled in a pre-bar review class. When he learned the deficiency in his requirements for graduation, he dropped his review class and was not able to take the bar exam.
Jader filed a case in the trial court, and the latter granted him the amount of Php35,470 as well as Php5,000 for attorney’s fees. At the Court of Appeals, the decision of the trial court was upheld, but the CA added the award for moral damages amounting to Php50,000.
Issues:
1. Can the University of the East be held liable for actual damages?
2. Is the university liable to pay Jader moral damages?
Ruling:
1. Yes. Educational institutions are duty-bound to inform the students of their academic status and not wait for the latter to inquire from the former. The conscious indifference of a person to the rights or welfare of the person/persons who may be affected by his act or omission can support a claim for damages. The university could not just give the grades at any time because law students have a deadline to meet in the submission of requirements for taking the bar. It was guilty of negligence and for violating Articles 19 and 20 of the Civil Code, which provide
Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.
2. No. The Supreme Court did not agree with the findings of the Court of Appeals that Jader suffered shock, trauma, and pain when he was informed that he could not graduate. It was his duty to verify for himself whether he has completed all necessary requirements to be eligible for the bar examinations. If respondent was indeed humiliated by his failure to take the bar, he brought this upon himself by not verifying if he has satisfied all the requirements including his school records, before preparing himself for the bar examination.
The Court affirmed the CA’s decision with modification. It granted Jader the actual damages of Php35,470 with legal interest of 6 percent per annum computed from the date of the complaint until fully paid, as well as Php5,000 for attorney’s fees. The award for moral damages, however, was deleted.
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