G.R. No.

L-54598 April 15, 1988

JOSE B. LEDESMA, petitioner,

vs.

HON. COURT OF APPEALS, Spouses PACIFICO DELMO and SANCHA

DELMO (as private respondents), respondents.

FACTS:

The late Violeta Delmo was then elected as the treasurer of an organization named
Student Leadership Club in West Visayas College. In her capacity, Delmo extended loans
from the funds of the club to some of the students of the schools. The petitioner claimed
that her actions were against school regulations and therefore the latter dropped Delmo
from the membership of the club and stripped her off of any awards or citation she is
entitled from the school. Respondent Delmo asked for a reconsideration of the decision
but the petitioner denied it. Therefore, the former appealed to the Office of the Director
of the Bureau of Public Schools.

On April 13, 1966, the Director of the Bureau of Public Schools rendered a decision that
directs the petitioner to give the honors to Delmo but the petitioner refused to obey the
directives and let the Delmo graduated as a plain student instead of being awarded as
Magna Cum Laude.

Later, Ms Delmo, a minor, was joined by her parents and filed a case for damages against
the petitioner before the Court of First Instance of Iloilo.

The trial court after hearing rendered judgment against the petitioner and in favor of the
spouses Delmo.

On appeal, the Court of Appeals affirmed the decision of the CFI.

ISSUE:
Whether or not the Court of Appeals erred in affirming the trial court’s findings that
petitioner is liable for damages under Article 27 of the New Civil Code.

RULINGS:

No. The Court of Appeals did not make a mistake in affirming the trial court’s findings
that petitioner was liable for damages under Article 27 of the New Civil Code.

Article 27 of the Civil Code provides that “Any person suffering material or moral loss
because a public servant or employee refuses or neglects, without just cause, to perform
his duty may file an action for damages and other relief against the latter, without
prejudice to any disciplinary administrative action that may be taken.”

In the instant case, the action of Court of Appeals was correct in affirming the trial
court’s findings that petitioner was liable for damages under Article 27 of this Code. It is
because it cannot be disputed that Violeta Delmo went through a painful ordeal which
was brought about by the petitioner’s neglect of duty and callousness. Thus, moral
damages were incurred.

The court found no reason why the findings of the trial and appellate courts should be
reversed. Therefore, the Supreme Court ruled against the petitioner and in favor of the
respondents.