Republic of the Philippines

METROPOLITAN TRIAL COURT

Branch 12
Manila

JEDREK ATIENZA
Plaintiff Civil Case No. 463278
For: Damages
- versus -

DE LA SALLE – COLLEGE OF
SAINT BENILDE
Defendant

x-------------------------x

COMPLAINT

Plaintiff JEDREK ATIENZA, through the undersigned

counsel, unto this Honorable Court, most respectfully states:

THE PARTIES

1. Plaintiff Jedrek Atienza (hereinafter referred to as “Atienza”)

is of legal age, single, and a resident of 324 Annapolis Street,
Atlanta Bldg. San Juan City.

1.2. Defendant De La Salle – College of Saint Benilde (hereinafter

referred to as “DLS-CSB”) is an educational institution duly
accredited by the Commission on Higher Education, located in 2544
Taft Avenue, Malate, Manila.
 ALLEGATIONS

2. Atienza is a fourth year student of DLS-CSB under its

Business Administration course program. His grades are average,
but he never failed any subject in his four years in college.

A copy of his Transcript of Records is hereto attached as ANNEX

“A”.

2.1. Ever since his first year, Atienza has actively participated in
extracurricular activities offered by recognized student
organizations and sports teams. One of his involvements was being
a member of the DLS-CSB’s official Defense of the Ancients
(“DotA”) team. The DLS-CSB DotA team (hereinafter referred to as
the “Team”), like many other sports teams, would represent DLS-
CSB in official competitions against other schools and universities.
Atienza was one of the best players of their team.

Copies of his photographs, awards, and recognitions with the DLS-

CSB DotA Team is hereto attached as ANNEX “B-1 to B-8”.

2.1. During the third semester of Academic Year 2018-2019,

Atienza only had 7 academic units left to complete his program.
These units included a 1-unit course of Lasallian Recollection 4,
which is an out-of-school overnight retreat in Pampanga. Atienza
was enrolled in all of the subjects he needed in able to graduate,
which included the said retreat.

A copy of his Enrollment Assessment Form (EAF) for 3rd Semester

of A.Y. 2018-2019 is hereto attached as ANNEX “C”.

2
2.2. On March 2, 2019, the Team won the National DotA
competition where all schools and universities around the
Philippines participated. Because of this victory, the Team was
qualified to compete internationally in South Korea to represent
DLS-CSB and the Philippines against other educational
institutions and countries in Asia. The competition was set on April
13, 2019.

A copy of the official invitation by the 2019 Asian DotA

Championship addressed to the Team is hereto attached as ANNEX
“D”.

2.3. On March 11, 2019, unfortunately and unforeseeably, the

Pastoral Office of the DLS-CSB, vested with the authority to set the
date for Lasallian Formation 4, scheduled the said retreat on April
13, 2019. On the same date, Atienza promptly informed the said
Office of his conflict in schedule, considering that he would be in
South Korea for the Asian DotA Championship. The Pastoral
Office, however, was not able to provide him with a concrete
solution – not even an answer – to his dilemma. They, however,
assured him that there must be something that they can do but
Atienza needs to wait for confirmation.

2.4. On March 18-22, 2019, Atienza repeatedly went to the Pastoral

Office to inquire about his situation to no avail. It was only on April
5, 2019 that the Registrar’s Office of the DLS-CSB sent Atienza an
email. According to the Registrar’s Office, attendance during the
Lasallian Formation 4 is mandatory. No special retreat or make-up
of any kind shall be allowed. Moreover, there will be no
consideration of whatever concern. Students who fail to attend the
retreat would have to re-enlist the same course next school year.

3
A copy of the email of the Registrar’s Office is hereto attached as
ANNEX “E”.

2.5. On the same date, Atienza sent a reply to the email asking for
reconsideration. He also tried to call and set a meeting with the
Dean of Student Affairs on numerous times, to no avail. The
Pastoral Office, however, still assured Atienza that there still might
be a way for him to graduate even if he misses the retreat because
of the special circumstances surrounding his case.

2.6. Thus, relying on the assurance made by the Pastoral Office in

good faith, Atienza flew to South Korea on April 12, 2019. The Team
thereafter bagged the gold medal in the Asian DotA Championship.

2.7. On April 16, 2019, Atienza went to the Pastoral Office once
again to verify his case. The Pastoral Office stood by their
assurances and even congratulated Atienza and the team for
winning the competition. Atienza, relieved by such assurances,
proceeded with his normally with his academic life.

2.8. On May 11, 2019, the semester has finally ended. Atienza
successfully passed all his academic subjects. On the said date, he
likewise visited the Dean of the College of Business to verify that
he has indeed finished all the required units for his program, which
the Dean and the Academic Officer confirmed.

A copy of Atienza’s grades from the online platform of DLS-CSB, as

authenticated by the Academic Officer of the College of Business, is
hereto attached as ANNEX “F”.

4
2.9. On May 20, 2019, the Official List of Graduating Students for
June 22, 2019 was released by the Registrar’s Office. Atienza’s
name was reflected therein.

A copy of the Official List of Graduating Students 3rd Semester, A.Y.

2018-19 is hereto attached as ANNEX “G”.

3. Atienza, necessarily, was expecting to graduate and march on

June 22, 2019 at the PICC Convention Center. Atienza and his
family have already announced the good news to the whole clan,
neighborhood, and community. A massive tarpaulin with Atienza’s
graduation picture, together with his Councilor father’s picture,
was displayed outside their house and in the Barangay Hall. In fact,
they have reserved a ballroom in Shangri-La Hotel in Bonifacio
Global City for Atienza’s after-graduation party to be attended by
at least 150 guests.

A copy of the non-refundable reservation invoice is hereto attached

as ANNEX “H”.

3.1. However, on May 27, 2019, less than a month before the
graduation, Atienza received an email from the Registrar’s Office of
DLS-CSB informing him that he will not graduate because he failed
a 1-unit subject, which was Lasallian Formation 4. Atienza
immediately went to the Chancellor’s Office, but was again referred
to the Registrar’s Office. The Dean of the Student Affairs reiterated
that the completion of the Lasallian Formation 4 was mandatory.
Mere absence therein will render a student a failing mark,
regardless of any excuse. Atienza pleaded for reconsideration from
the Dean of Student Affairs, the Chancellor, and the President, all
to no avail. All he received as a reply from them was, “It is the policy.

5
There is nothing else you can do. You have no one to blame but
yourself.”

3.2. On June 3, 2019, it has reached Atienza’s knowledge that

another student, Bingsoo Won, who similarly missed Lasallian
Formation 4 because he was overseas, was allowed to graduate.
When Atienza inquired about it with the Registrar’s Office, they
only said that Won’s situation was different from him as the latter’s
excuse was not “playing games”.

CAUSE OF ACTION

4. DLS-CSB, through its collective words and actions towards

Atienza, abused its rights in enforcing academic policies, which is a
clear violation of Article 19 of the New Civil Code thereby allowing
Atienza to recover damages under Article 21 thereof.

4.1. DLS-CSB, in its utter lack of compassion, consideration, and

care for its student, has led Atienza, a hardworking student who
merely represented his alma mater internationally, to believe that
he will be part of the graduating class of June 2019 through the
representations and assurances of the Pastoral Office and the
posting and publication of the Official List of Graduates.

4.2. DLS-CSB, tainted with evident bad faith, knowingly,

willfully, and maliciously delayed the information that Atienza has
received a failing mark on his Lasallian Formation 4, despite the
fact that he has verified his completion of units with the Dean of
the College of Business and the Academic Officer, when Atienza
had the right to be promptly informed thereof.

6
4.3. DLS-CSB, in its most apparent bad faith and discrimination,
maliciously allowed another student who similarly failed to attend
the Lasallian Formation 4 for likewise being overseas to graduate,
without any specific basis thereof but only based on their whimsical
prejudices.

4.4. DLS-CSB, through its false representations, lack of care, and

discrimination towards Atienza, has caused the latter sleepless
nights, anxiety, extreme embarrassment, wounded feelings, and
besmirched reputation.

4.5. DLS-CSB, has not only caused injured feelings and sufferings
towards Atienza, but also led Atienza and his family to spend
money in non-refundable reservations pursuant to the expected
graduation.

4.6. DLS-CSB, being an educational institution supposedly

protecting and teaching students values such as honesty, integrity,
fairness, and compassion, plaintiff is compelled to ask for relief to
take necessary actions to deter other educational institutions from
humiliating, misleading, and discriminating its own students.

7
 PRAYER

WHEREFORE, it is humbly prayed for of this Honorable

Court that judgment be rendered ordering defendant DLS-CSB to
pay plaintiff Atienza:

(a) The amount of P200,000 as actual damages, with legal interest

until fully paid;
(b) The amount of P300,000 as and for exemplary damages;
(c) The amount of P500,000 as and for moral damages;
(d) The amount of P150,000 as and for attorney’s fees and litigation
expenses.

Other relief, just and equitable consistent under the

circumstances are likewise prayed for.

Pasig City for Manila, August 27, 2019.

NAVARRO, COQUIA, AND GERONIMO LAW OFFICE

Counsel for Plaintiff
12 Flr. Philippine Stock Exchange Center,
th

Tektite East Tower, Exchange Rd., Ortigas Center

Pasig City

By:

KYLE DOMINIQUE L. NAVARRO

IBP LIFETIME NO. 014510/2-24-16
PTR NO. 49900562/1-14-16/Mla.
Roll No. 38488
MCLE Compliance No. V0000678/8-25-15
Tel. No. 524-4611

8
Republic of the Philippines )
San Juan City ) S.S.

VERIFICATION/CERTIFICATION OF NON-FORUUM
SHOPPING

I, JEDREK ATIENZA, Filipino, of legal age, married and a

resident of 324 Annapolis Street, Atlanta Bldg. San Juan City,
after having duly sworn to in accordance with law, do hereby depose
and state:

1. That I am the plaintiff in the above-entitled case;

2. That I have caused the preparation and filing of the foregoing
Complaint and have read the allegations contained therein;
3. That the allegations in the said complaint are true and correct
of my own knowledge and authentic records;
4. I hereby certify that I have not commenced any other action
or proceeding involving the same issues in the Supreme
Court, Court of Appeals, or any other tribunal or agency;
5. That If I should thereafter learn that the same or similar
action or proceedings has been filed or is pending before the
Supreme Court, Court of Appeals, or any other tribunal or
agency, I shall undertake to inform the Honorable Court of
this fact within five (5) days therefrom.
6. That I have executed this Verification/Certification to attest
to the truth of the foregoing facts and to comply with the
requirements of the law and rules of procedure.

9
 IN WITNESS WHEREOF, I have hereunto affixed my signature
this 27th day of August 2019 in Pasig City.

JEDREK ATIENZA
Affiant

SUBSCRIBED AND SWORN to before me this 27th day of

August 2019 in San Juan City, with Driver’s License No. B02-
008394, valid until December 10, 2023. and I hereby certify that I
personally examined the affiant herein and that I am fully satisfied
that she voluntarily executed the foregoing petition and she
understood all the allegations herein.

THEODORE M. MOSBY
Notary Public
Until December 31, 2023
Roll of Attorney No. 001524
IBP Pasig City Chapter
MCLE Compliance No. V, 11-19-10
I.B.P. O.R. No. 000140, 01-04-20
P.T.R. No. 0001723, 01-04-20
Add.: 1623 North Tower, GA Tower,
Ortigas, Pasig City

Doc. No. 111

Page No. 24
Book No. 2
Series of 2019

10