Ledesma vs. CA, GR No.

54598, April 15, 1988

FACTS:
 Violeta Delmo was the elected treasurer of a state college organization.
 In her capacity as treasurer (and in good faith), she extended loans from
the club’s funds to some students.
 Ledesma, the school president, informed Delmo that said act was against
school rules, which led to Delmo’s removal as a member of the club and as
one of the candidates for Magna Cum Laude.
 Delmo appealed to the Office of the Director of the Bureau of Public
Schools.
 Before the graduation ceremonies, the President received the Director’s
decision not to deprive the student of any honors or citation from the
school however; he mistook the instruction and resent the decision back
to the Office of the Director.
 The President received another telegram from the Director ordering him
to furnish Delmo with a copy of the decision. In turn, Ledesma sent a
letter to the Director informing him that he had already sent the decision
back.
 On the day of the graduation, the President received another telegram
with the same decision. Seeing that it was impossible by this time to
include Delmo in the program as one of the honor students, he let her
graduate as a plain student.
 To delay the matter further, he asked the Director to reconsider the
decision, as he believed that Delmo should not graduate with honors. s
 Months after the ceremonies, the President finally instructed the
Registrar to enter into Delmo’s records the honor, “Magna Cum Laude.”

ISSUE:
 W/N Ledesma is liable for damages under Art. 27 of the Civil Code of the
Philippines.

RULING:
 Yes. The president’s failure to graduate a student with honors and his
blatant disregard of the student’s rights show his neglect of duty without
just cause thus, rendering him liable for damages under Art. 27 of the Civil
Code.

NOTE: Delmo passed away during the pendency of the action.