Ue VS - Jader
Ue VS - Jader
Ue VS - Jader
Jader
GR. No. 132344
FACTS:
Romeo Jader graduated at UE College of law from 1984-88. During his last year, 1stsemester, he
failed to take the regular final examination in Practical Court 1where he was given an incomplete
grade remarks. He filed an application for removal of the incomplete grade given by Prof. Carlos
Ortega on February 1, 1988 which was approved by Dean Celedonio Tiongson after the payment of
required fees. He took the exam on March 28 and on May 30, the professor gave him a grade of 5.
The commencement exercise of UE College of law was held April 16, 1988, 3PM. In the invitation, his
name appeared. In preparation for the bar exam, he took a leave of absence from work from April
20- Sept 30, 1988. He had his pre-bar class review in FEU. Upon learning of such deficiency, he
dropped his review classes and was not able to take the bar exam.
Jader sued UE for damages resulting to moral shock, mental anguish, serious anxiety, besmirched
reputation, wounded feelings, sleepless nights due to UE’s negligence.
ISSUE: Whether UE should be held liable for misleading a student into believing JADER satisfied all the
requirements for graduation when such is not the case. Can he claim moral damages?
HELD:
SC held that petitioner was guilty of negligence and this liable to respondent for the latter’s actual
damages. Educational institutions are duty-bound to inform the students of their academic status and
not wait for the latter to inquire from the former. However, respondent should not have been
awarded moral damages though JADER suffered shock, trauma, and pain when he was informed that
he could not graduate and will not be allowed to take the bar examinations as what CA held because
it’s also respondent’s duty to verify for himself whether he has completed all necessary requirements
to be eligible for the bar examinations. As a senior law student, he should have been responsible in
ensuring that all his affairs specifically those in relation with his academic achievement are in order.
Before taking the bar examinations, it doesn’t only entail a mental preparation on the subjects but
there are other prerequisites such as documentation and submission of requirements which
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 attorney's fees; and the
costs of the suit. The award of moral damages is DELETED.