Ue vs jader

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.