Diaz vs Encanto et. Al.

Jan 20, 2016

Laws applicable: Art. 19

Facts:
- Petitioner Diaz has been an associate professor of UP in the College of Mass Communication
(CMC) since 1963. In 1988, she applied for sabbatical leave with pay for one year.
- Cecilia Lazaro, Chair of the Broadcast Department initially recommended to CMC Dean Encanto
that Diaz’s sabbatical leave be granted.
- May 1988, in a letter, she indicated her unwillingness to teach, considering that she also drop
courses in the previous semester, thus deleting Diaz’ name by Lazaro, in the final schedule of
classes. Consequently, Encanto referred Diaz’ sabbatical application to the Sec. of UP,
recommending its denial. Encanto also requested Kalagayan to hold Diaz’ salary effective July 1,
1988 until further notice, considering her sabbatical leave has not yet been approved and that she
did not teach that semester.
- On July 4 1988. Tabujara recommended that Diaz be granted a leave without pay in order to
enable the CMC to hire a substitute. The next day, the UP’s Sec., referred to Abad, the VP of the
Academic Affairs, the fact of denial of such sabbatical request, for his own
comment/recommendation to the UP Pres. On July 8, 1988, Abad returned the Ref. Slip indicating
therein that Diaz had promised him to put down in writing, the historical backdrop as it were the
latest denial of her sabbatical leave, but she did not do so. On Diaz request to teach for that
semester, AY 1988-1989, The VC for Academic Affairs and HRDO Director instructed Encanto
that Diaz is considered AWOL until she officially reports for duty and is confirmed by the Dean of
CMC, and accomplishes Cert of Report for Duty
- On Nov. 8, 1988, Abad, then as OIC, issued a Memo to Diaz to confirm as valid Encanto’s
reason of shortage of teaching staff in denying her sabbatical leave, later he also informed diaz
of her lack of service during the 1st semester of AY 1988-1989, hence she is not entitled to be
paid. She cant also claim his salary on the 2nd semester of the said year, although she teaches
during that period, because she fails to submit the report of Duty Form.
-Diaz instituted a complaint against UP, Abueva, Encanto, Tabujara and Abad with the Pasig RTC
praying that the latter be adjudged, jointly and severally to pay her damages.
- She claims that they conspired together as joint tortfeasors, in not paying her salaries from July
1, 1988 in the 1st semester, for the entire period when her sabbatical application was left unsolved,
as well as the salaries she earned from teaching in the 2nd semester. She also claimed moral and
exemplary damages and attorney’s fees.
- The RTC held that Diaz was entitled to a sabbatical leave and that the delay in the resolution of
her application was unreasonable and unconsciounable and it was purely recommendatory in
nature. but the CA reversed it on appeal, ruling that there was neither negligence nor bad faith in
denying her application and withholding her salaries.

Issue:
-The issue in this case boils down to whether or not the respondentsacted in bad faith when they
resolved petitioner Diaz'sapplication for sabbatical leave and withheld her salaries.
Ruling:
-No, they did not act in bad faith. According to the complaint of Diaz it was based on the alleged
bad faith of the respondent in denying her application for sabbatical leave in relation on Art. 19
and 20. Abuse of right under Article 19 exists when the following elements are present: (1) there
is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent of prejudicing or
injuring another.
- The ombudsman and all three courts, starting from the RTC to this court, have already
established that a sabbatical leave is not a right and therefore petitioner Diaz cannot demand its
grant.
-the evidence showed no trace of bad faith or malice in the respondents denial of petitioner’s
application of sabbatical leave. They even processed her application in accordance with their
usual procedure, in fact Diaz was given a chance to support her application when she was asked
to submit certain documents.
-“the law affords no remedy for damages resulting from an act which does not amount to a legal
wrong”
Damnun absque injuria.