8/9/2019 28.UE vs. Jader

1/3

G.R. No. 132344 February 17, 2000

UNIVERSITY OF THE EAST, petitioner,vs.ROMEO A. A!ER,respondent.

YNARES"SANTIAGO, J.:

May an educational institution be held liable for damages for misleading a student intobelieving that the latter had satisfied all the requirements for graduation when such isnot the case? This is the issue in the instant petition for review premised on thefollowing undisputed facts as summarized by the trial court and adopted by the Courtof Appeals CA!,"to wit#

$laintiff was enrolled in the defendants% College of &aw from "'() up to "'((. *n thefirst semester of his last year +chool year "'(-"'((!, he failed to tae the regularfinal e/amination in $ractice Court * for which he was given an incomplete grade0/hibits 121, also 0/hibit 131!. 3e enrolled for the second semester as fourth year lawstudent 0/hibit 1A1! and on 4ebruary ", "'(( he filed an application for the removal ofthe incomplete grade given him by $rofessor Carlos 5rtega 0/hibits 13-21, also0/hibit 121! which was approved by 6ean CeledonioTiongson after payment of therequired fee. 3e too the e/amination on March 2(, "'((. 5n May 78, "'((,$rofessor Carlos 5rtega submitted his grade. *t was a grade of five 9!. 0/hibits 13-)1, also 0/hibits 12-&1, 12-:1!.1wphi1.nt

*n the meantime, the 6ean and the 4aculty Members of the College of &aw met todeliberate on who among the fourth year students should be allowed to graduate. Theplaintiff%s name appeared in the Tentative &ist of Candidates for graduation for the6egree of ;achelor of &aws &&.;! as of +econd +emester "'(-"'((! with thefollowing annotation#

/-"-(-((, $ractice Court * *nc., "-(-(( C-" to submittranscript with +.5. 0/hibits 171, 17-C-"1, 17-C-21!.

The 79th *nvestitures Commencement Ceremonies for the candidates of ;achelorof &aws was scheduled on the "@th of April "'(( at 7#88 o%cloc in the afternoon, andin the invitation for that occasion the name of the plaintiff appeared as one of thecandidates. 0/hibits 1;1, 1;-@1, 1;-@-A1!. At the foot of the list of the names of thecandidates there appeared however the following annotation#

This is a tentative list 6egrees will be conferred upon these candidates whosatisfactorily complete requirements as stated in the niversity ;ulletin and asapproved of the 6epartment of 0ducation, Culture and +ports 0/hibit 1;--A1!.

The plaintiff attended the investiture ceremonies at 4. dela Cruz Buadrangle, .0.,=ecto 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 the3ood, and his Tassel was turned from left to right, and he was thereafter handed by6ean Celedonio a rolled white sheet of paper symbolical of the &aw 6iploma. 3isrelatives too pictures of the occasion 0/hibits 1C1 to 1C-@1, 16-71 to 16-""1!.

3e tendered a blow-out that evening which was attended by neighbors, friends andrelatives who wished him good luc in the forthcoming bar e/amination. There werepictures taen too during the blow-out 0/hibits 161 to 16-"1!.

3e thereafter prepared himself for the bar e/amination. 3e too a leave of absencewithout pay from his ob from April 28, "'(( to +eptember 78, "'(( 0/hibit 1D1! andenrolled at the pre-bar review class in 4ar 0astern niversity. 0/hibits 141 to 14-21!.3aving learned of the deficiency he dropped his review class and was not able to taethe bar e/amination.2

Consequently, respondent sued petitioner for damages alleging that he suffered moralshoc, mental anguish, serious an/iety, besmirched reputation, wounded feelings andsleepless nights when he was not able to tae the "'(( bar e/aminations arising fromthe latter%s negligence. 3e prayed for an award of moral and e/emplary damages,unrealized income, attorney%s fees, and costs of suit.

*n its answer with counterclaim, petitioner denied liability arguing mainly that it neverled respondent to believe that he completed the requirements for a ;achelor of &awsdegree when his name was included in the tentative list of graduating students. Aftertrial, the lower court rendered udgment as follows#

E30=045=0, in view of the foregoing udgment is hereby rendered in favor of theplaintiff and against the defendant ordering the latter to pay plaintiff the sum ofT3*=TF 4*G0 T35+A:6 45= 3:6=06 +0G0:TF $0+5+ $79,)8.88! withlegal rate of interest from the filing of the complaint until fully paid, the amount of 4*G0T35+A:6 $0+5+ $9,888.88! as attorney%s fees and the cost of suit.

6efendant%s counterclaim is, for lac of merit, hereby dismissed.

+5 5=60=06.7

which on appeal by both parties was affirmed by the Court of Appeals CA! withmodification. The dispositive portion of the CA decision reads#

E30=045=0, in the light of the foregoing, the lower Court%s 6ecision is herebyA44*=M06 with the M56*4*CAT*5: that defendant-appellee, in addition to the sumadudged by the lower court in favor of plaintiff-appellant, is also 5=60=06 to payplaintiff-appellant the amount of 4*4TF T35+A:6 $98,888.88! $0+5+ for moraldamages. Costs against defendant-appellee.

+5 5=60=06.)

8/9/2019 28.UE vs. Jader

2/3

pon the denial of its motion for reconsideration, petitioner 0 elevated the case tothis Court on a petition for review under =ule )9 of the =ules of Court, arguing that ithas no liability to respondent =omeo A.

8/9/2019 28.UE vs. Jader

3/3

$ractice Court *, again included plaintiff-appellant%s name in the 1tentative list ofcandidates for graduation which was prepared after the deliberation and whichbecame the basis for the commencement rites program. 6ean Tiongson reasons outthat plaintiff-appellant%s name was allowed to remain in the tentative list of candidatesfor graduation in the hope that the latter would still be able to remedy the situation inthe remaining few days before graduation day. 6ean Tiongson, however, did note/plain how plaintiff appellant