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    Emetrio Cui V Arellano U

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    Lau Nunez
    Emetrio Cui received scholarship grants totaling 1,033.87 pesos from Arellano University while studying there. When he transferred to another university to finish his degree, Arellano University refused to provide his transcript of records unless he repaid the scholarship amount. The issue was whether Cui had to repay the scholarship. The court ruled that Arellano University's policy requiring repayment of scholarships if a student transfers is against public policy and individual rights. The court ordered Arellano University to pay Cui the 1,033.87 pesos scholarship amount plus interest.

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    Emetrio Cui V Arellano U

    Uploaded by

    Lau Nunez
    16 views2 pages
    Emetrio Cui received scholarship grants totaling 1,033.87 pesos from Arellano University while studying there. When he transferred to another university to finish his degree, Arellano University refused to provide his transcript of records unless he repaid the scholarship amount. The issue was whether Cui had to repay the scholarship. The court ruled that Arellano University's policy requiring repayment of scholarships if a student transfers is against public policy and individual rights. The court ordered Arellano University to pay Cui the 1,033.87 pesos scholarship amount plus interest.

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    Emetrio Cui v Arellano U

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    Emetrio Cui received scholarship grants totaling 1,033.87 pesos from Arellano University while studying there. When he transferred to another university to finish his degree, Arellano University refused to provide his transcript of records unless he repaid the scholarship amount. The issue was whether Cui had to repay the scholarship. The court ruled that Arellano University's policy requiring repayment of scholarships if a student transfers is against public policy and individual rights. The court ordered Arellano University to pay Cui the 1,033.87 pesos scholarship amount plus interest.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    16 views2 pages

    Emetrio Cui V Arellano U

    Uploaded by

    Lau Nunez
    Emetrio Cui received scholarship grants totaling 1,033.87 pesos from Arellano University while studying there. When he transferred to another university to finish his degree, Arellano University refused to provide his transcript of records unless he repaid the scholarship amount. The issue was whether Cui had to repay the scholarship. The court ruled that Arellano University's policy requiring repayment of scholarships if a student transfers is against public policy and individual rights. The court ordered Arellano University to pay Cui the 1,033.87 pesos scholarship amount plus interest.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Emetrio Cui v Arellano University

    CITATION: GR NO. L15127, May 30, 1961 | 112 Phil 135

    FACTS:

    Emetrio Cui took his preparatory law course at Arellano University.  He then enrolled in its
    College of Law from first year (SY1948-1949) until first semester of his 4th year.  During these
    years, he was awarded scholarship grants of the said university amounting to a total of
    P1,033.87.  He then transferred and took his last semester as a law student at Abad Santos
    University.   To secure permission to take the bar, he needed his transcript of records from
    Arellano University.  The defendant refused to issue the TOR until he had paid back the
    P1,033.87 scholarship grant which Emetrio refunded as he could not take the bar without
    Arellano’s issuance of his TOR.

    On August 16, 1949, the Director of Private Schools issued Memorandum No. 38 addressing all
    heads of private schools, colleges and universities.  Part of the memorandum states that “the
    amount in tuition and other fees corresponding to these scholarships should not be
    subsequently charged to the recipient students when they decide to quit school or to transfer to
    another institution.  Scholarships should not be offered merely to attract and keep students in a
    school”.

    ISSUE: Whether or not Emetrio Cui can refund the P1,033.97 payment for the scholarship grant
    provided by Arellano University.

    HELD:

    The memorandum of the Director of Private Schools is not a law where the provision set therein
    was advisory and not mandatory in nature.  Moreover, the stipulation in question, asking
    previous students to pay back the scholarship grant if they transfer before graduation, is
    contrary to public policy, sound policy and good morals or tends clearly to undermine the
    security of individual rights and hence, null and void.      

      
    The court sentenced the defendant to pay Cui the sum of P1,033.87 with interest thereon at the
    legal rate from Sept.1, 1954, date of the institution of this case as well as the costs and
    dismissing defendant’s counterclaim.

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