17 UE v. Jader

SUPREME COURT REPORTS ANNOTATED VOLUME 325 02/05/2019, 10)57 PM
804 SUPREME COURT REPORTS ANNOTATED

University of the East vs. Jader
*
G.R. No. 132344. February 17, 2000.
UNIVERSITY OF THE EAST, petitioner, vs. ROMEO A.

JADER, respondent.
Civil Law; 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 whether he or she had already
complied with all the requirements for the conferment of a degree or
whether they would be included among those who will graduate.
·The Court takes judicial notice of the traditional practice in
educational institutions wherein the professor directly furnishes
his/her students their grades. It is the contractual obligation of the
school to timely inform and furnish sufficient notice and
information to each and every student as to whether he or she had
already complied with all the requirements for the conferment of a
degree or whether they would be included among those who will
graduate. Although commencement exercises are but a formal
ceremony, it nonetheless
________________
* FIRST DIVISION.
805
VOL. 325, FEBRUARY 17, 2000 805
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is not an ordinary occasion, since such ceremony is the educational

institutionÊs way of announcing to the whole world that the
students included in the list of those who will be conferred a degree
during the baccalaureate ceremony have satisfied all the
requirements for such degree. Prior or subsequent to the ceremony,
the school has the obligation to promptly inform the student of any
problem involving the latterÊs grades and performance and also
most importantly, of the procedures for remedying the same.
Same; Same; Absence of good faith must be sufficiently
established for a successful prosecution by the aggrieved party in a
suit for abuse of right under Article 19 of the Civil Code.·Petitioner,
in belatedly informing respondent of the result of the removal
examination, particularly at a time when he had already
commenced preparing for the bar exams, 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 a
suit for abuse of right under Article 19 of the Civil Code. Good faith
connotes an honest intention to abstain from taking undue
advantage of another, even though the forms and technicalities of
the law, together with the absence of all information or belief of
facts, would render the transaction unconscientious.
Same; Same; The negligent act of a professor who fails to
observe the rules of the school, for instance by not promptly
submitting a studentÊs grade, is not only imputable to the professor
but is an act of the school, being his employer.·The college dean is
the senior officer responsible for the operation of an academic
program, enforcement of rules and regulations, and the supervision
of faculty and student services. He must see to it that his own
professors and teachers, regardless of their status or position
outside of the university, must comply with the rules set by the
latter. The negligent act of a professor who fails to observe the rules
of the school, for instance by not promptly submitting a studentÊs
grade, is not only imputable to the professor but is an act of the
school, being his employer.
Same; Same; Want of care to the conscious disregard of civil
obligations coupled with a conscious knowledge of the cause
naturally calculated to produce them would make the erring party
liable.·Educational institutions are duty-bound to inform the
students of their academic status and not wait for the latter to
inquire from the
806
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. Want of care to the
conscious disregard of civil obligations coupled with a conscious
knowledge of the cause naturally calculated to produce them would
make the erring party liable.
Same; Same; The modern tendency is to grant indemnity for
damages in cases where there is abuse of right, even when the act is
not illicit.·Petitioner cannot pass on its blame to the professors to
justify its own negligence that led to the delayed relay of
information to respondent. When one of two innocent parties must
suffer, he through whose agency the loss occurred must bear it. The
modern tendency is to grant indemnity for damages in cases where
there is abuse of right, even when the act is not illicit. If mere fault
or negligence in oneÊs acts can make him liable for damages for
injury caused thereby, with more reason should abuse or bad faith
make him liable. A person should be protected only when he acts in
the legitimate exercise of his right, that is, when he acts with
prudence and in good faith, but not when he acts with negligence or
abuse.
Same; Same; While petitioner was guilty of negligence and thus
liable to respondent for the latterÊs actual damages, Court holds that
respondent should not have been awarded moral damages.·While
petitioner was guilty of negligence and thus liable to respondent for
the latterÊs actual damages, we hold that respondent should not
have been awarded moral damages. We do not agree with the Court
of AppealsÊ findings that respondent suffered shock, trauma and
pain when he was informed that he could not graduate and will not
be allowed to take the bar examinations. At the very least, it
behooved on respondent to verify for himself whether he has
completed all necessary requirements to be eligible for the bar
examinations. As a senior law student, respondent should have
been responsible enough to ensure that all his affairs, specifically
those pertaining to his academic achievement, are in order. Given

these considerations, we fail to see how respondent could have
suffered untold embarrassment in attending the graduation rites,
enrolling in the bar review classes and not being able to take the
bar exams. 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.
807
VOL. 325, FEBRUARY 17, 2000 807

PETITION for review on certiorari of a decision of the

Court of Appeals.
The facts are stated in the opinion of the Court.

Puno and Puno for petitioner.
Thelma A. Jader for private respondent.
YNARES-SANTIAGO, J.:
May 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? This is the issue in the instant petition for
review premised on the following undisputed facts as
summarized by 1
the trial court and adopted by the Court of
Appeals (CA), to wit:
„Plaintiff was enrolled in the defendantsÊ College of Law from 1984

up to 1988. In the first semester of his last year (School year 1987-
1988), he failed to take the regular final examination in Practice
Court I for which he was given an incomplete grade (Exhibits Â2,Ê
also Exhibit ÂHÊ). He enrolled for the second semester as fourth year
law student (Exhibit ÂAÊ) and on February 1, 1988 he filed an
application for the removal of the incomplete grade given him by
Professor Carlos Ortega (Exhibits ÂH-2,Ê also Exhibit Â2Ê) whichÊ was
approved by Dean Celedonio Tiongson after payment of the required
fee. He took the examination on March 28, 1988. On May 30, 1988,
Professor Carlos Ortega submitted his grade. It was a grade of five
(5). (Exhibits ÂH-4,Ê also Exhibits Â2-L,Ê Â-NÊ).

„In the meantime, the Dean and the Faculty Members of the
College of Law met to deliberate on who among the fourth year
students should be allowed to graduate. The plaintiff Ês name
appeared in the Tentative list of Candidates for graduation for the
Degree of Bachelor of Laws (LL.B) as of Second Semester (1987-
1988) with the following annotation:
_________________
1 Court of Appeals (CA) Decision promulgated October 10, 1997 penned by

Justice Barcelona, with Justices Mabutas, Jr. and Aquino, concurring, pp. 5-6;
Rollo, pp. 12-13.
808

„JADER ROMEO A.
Def. Conflict of Laws·x-1-87-88, Practice Court I·Inc., 1-87-88. C-1 to

submit transcript with S.O. (Exhibits Â3,Ê Â3-C-1,Ê Â3-C-2Ê)
„The 35th Investitures & Commencement Ceremonies for the

candidates of Bachelor of Laws was scheduled on the 16th of April
1988 at 3:00 oÊclock in the afternoon, and in the invitation for that
occasion the name of the plaintiff appeared as one of the candidates.
(Exhibits ÂB,Ê ÂB-6,Ê ÂB-6-AÊ). At the foot of the list of the names of the
candidates there appeared however the following annotation:
ÂThis 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 (Exhibit ÂB-7-AÊ).
„The plaintiff attended the investiture ceremonies at F. dela Cruz

Quadrangle, U.E., Recto Campus, during the program of which he
went up the stage when his name was called, escorted by her (sic)
mother and his eldest brother who assisted in placing the Hood, and
his Tassel was turned from left to right, and he was thereafter
handed by Dean Celedonio a rolled white sheet of paper symbolical
of the Law Diploma. His relatives took pictures of the occasion
(Exhibits ÂCÊ to ÂC-6,Ê ÂD-3Ê to ÂD-11Ê).
„He tendered a blow-out that evening which was attended by

neighbors, friends and relatives who wished him good luck in the
forthcoming bar examination. There were pictures taken too during
the blow-out (Exhibits ÂDÊ to ÂD-1Ê).
„He thereafter prepared himself for the bar examination. He took
a leave of absence without pay from his job from April 20, 1988 to
September 30, 1988 (Exhibit ÂGÊ) and enrolled at the pre-bar review
class in Far Eastern University (Exhibits ÂF to ÂF-2Ê). Having
learned of the deficiency he dropped his review class and was not
2
able to take the bar examination.‰
Consequently, respondent sued petitioner for damages

alleging that he suffered moral shock, mental anguish,
serious
________________
2 A check with the AttorneyÊs List in the Court shows that private
respondent is not a member, of the Philippine Bar.
(http.//www.supremecourt.gov.ph).
809
VOL. 325, FEBRUARY 17, 2000 809

anxiety, besmirched reputation, wounded feelings and

sleepless nights when he was not able to take the 1988 bar
examinations arising from the latterÊs negligence. He
prayed for an award of moral and exemplary damages,
unrealized income, attorneyÊs fees, and costs of suit.
In its answer with counterclaim, petitioner denied
liability arguing mainly that it never led respondent to
believe that he completed the requirements for a Bachelor
of Laws degree when his name was included in the
tentative list of graduating students. After trial, the lower
court rendered judgment as follows:
WHEREFORE, in view of the foregoing judgment is hereby

rendered in favor of the plaintiff and against the defendant ordering
the latter to pay plaintiff the sum of THIRTY FIVE THOUSAND
FOUR HUNDRED SEVENTY PESOS (P35,470.00) with legal rate
of interest from the filing of the complaint until fully paid, the
amount of FIVE THOUSAND PESOS (P5,000.00) as attorneyÊs fees
and the cost of suit.
DefendantÊs counterclaim is, for lack of merit, hereby dismissed.
3
SO ORDERED.
which on appeal by both parties was affirmed by the Court

of Appeals (CA) with modification. The dispositive portion
of the CA decision reads:
WHEREFORE, in the light of the foregoing, the lower CourtÊs

Decision is hereby AFFIRMED with the MODIFICATION that
defendant-appellee, in addition to the sum adjudged by the lower
court in favor of plaintiff-appellant, is also ORDERED to pay
plaintiff-appellant the amount of FIFTY THOUSAND (P50,000.00)
PESOS for moral damages. Costs against defendant-appellee.
4
SO ORDERED.
_________________
3 Decision of Regional Trial Court (RTC-Manila Branch IX) dated

September 4, 1990 penned by Judge Edilberto Sandoval, pp. 8-9; RTC
Records, pp. 192-193; Rollo, pp. 8-9.
4 CA Decision, p. 24; Rollo, p. 31.
810

Upon the denial of its motion for reconsideration, petitioner

UE elevated the case to this Court on a petition for review
under Rule 45 of the Rules of Court, arguing that it has no
liability to respondent Romeo A. Jader, considering that the
proximate and immediate cause of the alleged damages
incurred by the latter arose out of his own negligence in not
verifying from the professor concerned the result of his
removal exam.
The petition lacks merit.
When a student is enrolled in any educational or
learning institution, a contract of education is entered into
between said institution and the student. The professors,
teachers or instructors hired by the school are considered

merely as agents and administrators tasked to perform the
schoolÊs commitment under the contract. Since the
contracting parties are the school and the student, the
latter is not duty-bound to deal with the formerÊs agents,
such as the professors with respect to the status or result of
his grades, although nothing prevents either professors or
students from sharing with each other such information.
The Court takes judicial notice of the traditional practice in
educational institutions wherein the professor directly
furnishes his/her students their grades. It is the
contractual obligation of the school to timely inform and
furnish sufficient notice and information to each and every
student as to whether he or she had already complied with
all the requirements for the conferment of a degree or
whether they would be included among those who will
graduate. Although commencement exercises are but a
formal ceremony, it nonetheless is not an ordinary occasion,
since such ceremony is the educational institutionÊs way of
announcing to the whole world that the students included
in the list of those who will be conferred a degree during
the baccalaureate ceremony have satisfied all the
requirements for such degree. Prior or subsequent to the
ceremony, the school has the obligation to promptly inform
the student of any problem involving the latterÊs grades
and performance and also most importantly, of the
procedures for remedying the same.
811
VOL. 325, FEBRUARY 17, 2000 811

Petitioner, in belatedly informing respondent of the result

of the removal examination, particularly at a time when he
had already commenced preparing for the bar exams,
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 a suit for abuse of
right under Article 19 of the Civil Code. Good faith
connotes an honest intention to abstain from taking undue
advantage of another, even though the forms and
technicalities of the law, together with the absence of all

information or belief
5
of facts, would render the transaction
unconscientious. It is the school that has access to those
information and it is only the school that can compel its
professors to act and comply with its rules, regulations and
policies with respect to the computation and the prompt
submission of grades. Students do not exercise control,
much less influence, over the way an educational
institution should run its affairs, particularly in
disciplining its professors and teachers and ensuring their
compliance with the schoolÊs rules and orders. Being the
party that hired them, it is the school that exercises
general supervision and exclusive control over the
professors with respect to the submission of reports
involving the studentsÊ standing. Exclusive control means
that no other person or entity had any control over 6
the
instrumentality which caused the damage or injury.
The college dean is the senior officer responsible for the
operation of an academic program, enforcement of rules
and regulations,
7
and the supervision of faculty and student
services. He must see to it that his own professors and
teachers, regardless of their status or position outside of
the university, must comply with the rules set by the latter.
The negligent act of a professor who fails to observe the
rules of the school,
_______________
5 Tolentino, New Civil Code of the Philippines, Vol. I, (1960 ed.) citing
Wood v. Conrad, 2, S.B. 83, 5d N.W. 95.
6 Mahowald v. Minnesota Gas Co. (Minn) 344 NW2d 856. See also
Jackson v. H.H. Robertson Co., 118 Ariz 29, 574 P2d 82; Cummins v. West
Linn, 21 Or. App 643, 536 P2d 455.
7 Hawes and Hawes, „The Concise Dictionary of Education,‰ p. 62,
1982 ed. cited in Sarmiento, Manual, p. 164.
812

for instance by not promptly submitting a studentÊs grade,
is not only imputable to the professor but is an act of the

school, being his employer.
Considering further, that the institution of learning
involved herein is a university which is engaged in legal
education, it should have practiced what it inculcates in its
students, more specifically the principle of good dealings
enshrined in Articles 19 and 20 of the Civil Code which
states:
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.
Article 19 was intended to expand the concept of torts by

granting adequate legal remedy for the untold number of
moral wrongs which is impossible for8 human foresight to
provide specifically in statutory law. In civilized society,
men must be able to assume that others will do them no
intended injury that others will commit no internal
aggressions upon them; that their fellowmen, when they
act affirmatively will do so with due care which the
ordinary understanding and moral sense of the community
exacts and that those with whom they deal in the general
course of society will act in good faith. The ultimate thing
in the theory of liability is 9justifiable reliance under
conditions of civilized society. Schools and professors
cannot just take students for granted and be indifferent to
them, for without the latter, the former are useless.
Educational institutions are duty-bound to inform the
students of their academic status and not wait for the
latter to
________________
8 PNB v. CA, 83 SCRA 237 (1978) cited in Sea Commercial Company v.

CA, G.R. No. 122823, November 25, 1999; 319 SCRA 210.
9 Dean Roscoe Pound, Introduction to the Philosophy of Law.
813
VOL. 325, FEBRUARY 17, 2000 813

inquire from the former. The conscious indifference of a

person to the rights or welfare of the person/persons who
may be affected10
by his act or omission can support a claim
for damages. Want of care to the conscious disregard of
civil obligations coupled with a conscious knowledge of the
cause naturally calculated
11
to produce them would make the
erring party liable. Petitioner ought to have known that
time was of the essence in the performance of its obligation
to inform respondent of his grade. It cannot feign ignorance
that respondent will not prepare himself for the bar exams
since that is precisely the immediate concern after
graduation of an LL.B. graduate. It failed to act seasonably.
Petitioner cannot just give out its studentÊs grades at any
time because a student has to comply with certain
deadlines set by the Supreme Court on the submission of
requirements for taking the bar. PetitionerÊs liability arose
from its failure to promptly inform respondent of the result
of an examination and in misleading the latter into
believing that he had satisfied all requirements for the
course. Worth quoting is the following disquisition of the
respondent court:
„It is apparent from the testimony of Dean Tiongson that

defendant-appellee University had been informed during the
deliberation that the professor in Practice Court I gave plaintiff-
appellant a failing grade. Yet, defendant-appellee still did not
inform plaintiff-appellant of his failure to complete the
requirements for the degree nor did they remove his name from the
tentative list of candidates for graduation. Worse, defendant-
appellee university, despite the knowledge that plaintiff-appellant
failed in Practice Court I, again included plaintiff-appellantÊs name
in the „tentative‰ list of candidates for graduation which was
prepared after the deliberation and which became the basis for the
commencement rites program. Dean
_______________
10 Texas Pacific & Oil Co. v. Robertson, 125 Tex 4, 79 SW2d 830, 98 ALR 262.
11 See Helms v. Universal Atlas Cement Co., (CA5 Tex) 202 F2d 421 cert de
346 US 858, 98 L ed 372, 74 S Ct 74; Otto Kuehne Preserving Co. v. Allen (CA8
Mo) 148 F 166; See also Alabama G.S.R. Co. v. Hill, 93 Ala 514, 9 So 722;
Richmond & P.R. Co. v. Vance, 93 Ala 144, 9 So 574.
814

Tiongson reasons out that plaintiff-appellantÊs name was allowed to

remain in the tentative list of candidates for graduation in the hope
that the latter would still be able to remedy the situation in the
remaining few days before graduation day. Dean Tiongson, however,
did not explain how plaintiff-appellant Jader could have done
something to complete his deficiency if defendant-appellee
university did not exert any effort to inform plaintiff-appellant of
12
his failing grade in Practice Court I.‰
Petitioner cannot pass on its blame to the professors to

justify its own negligence that led to the delayed relay of
information to respondent. When one of two innocent
parties must suffer, he 13
through whose agency the loss
occurred must bear it. The modern tendency is to grant
indemnity for damages in cases where14there is abuse of
right, even when the act is not illicit. If mere fault or
negligence in oneÊs acts can make him liable for damages
for injury caused thereby, with more reason should abuse
or bad faith make him liable. A person should be protected
only when he acts in the legitimate exercise of his right,
that is, when he acts with prudence and in 15
good faith, but
not when he acts with negligence or abuse.
However, while petitioner was guilty of negligence and
thus liable to respondent for the latterÊs actual damages,
we hold that respondent should not have been awarded
moral damages. We do not agree with the Court of AppealsÊ
findings that respondent suffered shock, trauma and pain
when he was informed that he could not graduate and will
not be allowed to take the bar examinations. At the very
least, it behooved on respondent to verify for himself
whether he has completed all necessary requirements to be
eligible for the bar examinations. As a senior law student,
respondent should have been responsible enough to ensure
that all his affairs,
________________
12 CA Decision, pp. 222-23; Rollo, pp. 29-30.

13 Ohio Farmers, Ins. Co. v. Norman, (App) 122 Ariz 330, 594 P2d
1026.
14 Sea Commercial Company v. CA, G.R. No. 122823, November 26,
1999, 319 SCRA 210.
15 Tolentino, Civil Code, 1990 ed., Vol. I, p. 61.
815
VOL. 325, FEBRUARY 17, 2000 815

specifically those pertaining to his academic achievement,

are in order. Given these considerations, we fail to see how
respondent could have suffered untold embarrassment in
attending the graduation rites, enrolling in the bar review
classes and not being able to take the bar exams. 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.
Certainly, taking the bar examinations does not only entail
a mental preparation on the subjects thereof; there are also
prerequisites of documentation and submission of
requirements which the 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 attorneyÊs fees; and the
costs of the suit. The award of moral damages is
DELETED.
SO ORDERED.
Davide, Jr. (C.J., Chairman), Kapunan and Pardo,

JJ., concur.
Puno, J., No part.
Judgment affirmed with modification.
Note.·The law explicitly authorizes the award of moral

damages in breaches of contract where the defendant acted
fraudulently or in bad faith. (Del Rosario vs. Court of
Appeals, 267 SCRA 158 [1997])
··o0o··
816
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SUPREME COURT REPORTS ANNOTATED VOLUME 325 02/05/2019, 10)57 PM

804 SUPREME COURT REPORTS ANNOTATED

UNIVERSITY OF THE EAST, petitioner, vs. ROMEO A.

Civil Law; Damages; It is the contractual obligation of the

VOL. 325, FEBRUARY 17, 2000 805

University of the East vs. Jader

is not an ordinary occasion, since such ceremony is the educational

806 SUPREME COURT REPORTS ANNOTATED

University of the East vs. Jader

former. The conscious indifference of a person to the rights or

those pertaining to his academic achievement, are in order. Given

VOL. 325, FEBRUARY 17, 2000 807

PETITION for review on certiorari of a decision of the

The facts are stated in the opinion of the Court.

May an educational institution be held liable for damages

„Plaintiff was enrolled in the defendantsÊ College of Law from 1984

(5). (Exhibits ÂH-4,Ê also Exhibits Â2-L,Ê Â-NÊ).

1 Court of Appeals (CA) Decision promulgated October 10, 1997 penned by

808 SUPREME COURT REPORTS ANNOTATED

Def. Conflict of Laws·x-1-87-88, Practice Court I·Inc., 1-87-88. C-1 to

„The 35th Investitures & Commencement Ceremonies for the

ÂThis is a tentative list. Degrees will be conferred upon these candidates

„The plaintiff attended the investiture ceremonies at F. dela Cruz

„He tendered a blow-out that evening which was attended by

Consequently, respondent sued petitioner for damages

VOL. 325, FEBRUARY 17, 2000 809

anxiety, besmirched reputation, wounded feelings and

WHEREFORE, in view of the foregoing judgment is hereby

which on appeal by both parties was affirmed by the Court

WHEREFORE, in the light of the foregoing, the lower CourtÊs

3 Decision of Regional Trial Court (RTC-Manila Branch IX) dated

810 SUPREME COURT REPORTS ANNOTATED

Upon the denial of its motion for reconsideration, petitioner

teachers or instructors hired by the school are considered

VOL. 325, FEBRUARY 17, 2000 811

Petitioner, in belatedly informing respondent of the result

technicalities of the law, together with the absence of all

812 SUPREME COURT REPORTS ANNOTATED

for instance by not promptly submitting a studentÊs grade,

is not only imputable to the professor but is an act of the

Article 19 was intended to expand the concept of torts by

8 PNB v. CA, 83 SCRA 237 (1978) cited in Sea Commercial Company v.

VOL. 325, FEBRUARY 17, 2000 813

inquire from the former. The conscious indifference of a

„It is apparent from the testimony of Dean Tiongson that

814 SUPREME COURT REPORTS ANNOTATED

Tiongson reasons out that plaintiff-appellantÊs name was allowed to

Petitioner cannot pass on its blame to the professors to

that all his affairs,

12 CA Decision, pp. 222-23; Rollo, pp. 29-30.

VOL. 325, FEBRUARY 17, 2000 815

specifically those pertaining to his academic achievement,

Davide, Jr. (C.J., Chairman), Kapunan and Pardo,

Puno, J., No part.

Judgment affirmed with modification.

Note.·The law explicitly authorizes the award of moral

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