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    Cui vs. Arellano Univ

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    gregoriomanueldon.patrocinio
    The document discusses a case between plaintiff Meterio Cui and defendant Arellano University. Cui received scholarships from Arellano University but transferred to another school before graduating. Arellano University refused to provide transcripts needed to take the bar exam until Cui refunded the scholarship money. Cui argued the contract waiving his right to transfer without refund was invalid. The court ruled the waiver was not valid and against public policy, ordering Arellano University to refund Cui.

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    Cui vs. Arellano Univ

    Uploaded by

    gregoriomanueldon.patrocinio
    35 views1 page
    The document discusses a case between plaintiff Meterio Cui and defendant Arellano University. Cui received scholarships from Arellano University but transferred to another school before graduating. Arellano University refused to provide transcripts needed to take the bar exam until Cui refunded the scholarship money. Cui argued the contract waiving his right to transfer without refund was invalid. The court ruled the waiver was not valid and against public policy, ordering Arellano University to refund Cui.

    Original Description:

    Case Digest

    Original Title

    CUI VS. ARELLANO UNIV

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    The document discusses a case between plaintiff Meterio Cui and defendant Arellano University. Cui received scholarships from Arellano University but transferred to another school before graduating. Arellano University refused to provide transcripts needed to take the bar exam until Cui refunded the scholarship money. Cui argued the contract waiving his right to transfer without refund was invalid. The court ruled the waiver was not valid and against public policy, ordering Arellano University to refund Cui.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views1 page

    Cui vs. Arellano Univ

    Uploaded by

    gregoriomanueldon.patrocinio
    The document discusses a case between plaintiff Meterio Cui and defendant Arellano University. Cui received scholarships from Arellano University but transferred to another school before graduating. Arellano University refused to provide transcripts needed to take the bar exam until Cui refunded the scholarship money. Cui argued the contract waiving his right to transfer without refund was invalid. The court ruled the waiver was not valid and against public policy, ordering Arellano University to refund Cui.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    METERIO CUI, plaintiff-appellant,

    vs.
    ARELLANO UNIVERSITY, defendant-appellee

    Issue: Whether or not the provision of the contract between plaintiff and the defendant, whereby
    the former waived his right to transfer to another school without refunding to the latter the
    equivalent of his scholarships in cash, is valid.

    Facts:

    Herein plaintiff, METERIO CUI, after finishing his preparatory law course enrolled in the
    College of Law of the defendant University wherein he finished his law studies up to and including
    the first semester of the fourth year.

    Plaintiff enrolled for the last semester of his law studies in the defendant university but
    failed to pay his tuition fees because his uncle accepted his new employment at the College of Law
    of Abad Santos University, plaintiff then left the defendant's law college and enrolled for the last
    semester of his fourth year law in the college of law of the Abad Santos University where he
    graduated.

    In order to take the bar the plaintiff petitioned the latter to issue to him the needed
    transcripts but the defendant refused until after he had paid back the whole amount of tuition fees
    paid by plaintiff to defendant and refunded to him by the latter from the first semester up to and
    including the first semester of his last year in the college of law or the fourth year. Allegedly the
    petitioner entered into a agreement with the respondents university wherein "In consideration of
    the scholarship granted to him by the University he waives his right to transfer to another school
    without having refunded to the University (defendant) the equivalent of the scholarship cash.

    In the instant case the petitioner seeks to recover the sum he paid under protest questioning
    thereby the validity of the subject contract.

    Ruling:

    No, the provision of the contract between plaintiff and the defendant, whereby the former
    waived his right to transfer to another school without refunding to the latter the equivalent of his
    scholarships in cash, is not valid. In the courts opinion the stipulation in question is contrary to public
    policy and, hence, the waiver is null and void.

    If Arellano University understood clearly the real essence of scholarships and the motives
    which prompted this office to issue Memorandum No. 38, s. 1949, it should have not entered into a
    contract of waiver with Cui on September 10, 1951, which is a direct violation of our Memorandum
    and an open challenge to the authority of the Director of Private Schools because the contract was
    repugnant to sound morality and civic honesty.

    Hence, being contrary to public policy, morals or good custom the waiver, from which the
    act of the respondents could be legally based, was declared in valid. The appealed decision was
    reversed and the respondent ordered to refund the petiotioner.

    Doctrine:

    A waiver of right to transfer to another school without refunding to the source school the equivalent
    of his scholarships in cash, is not valid for being contrary to public policy, morals or good custom.

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