UNIVERSITY OF THE EAST vs. ROMEO A.

JADER, respondent
G.R. No. 132344 February 17, 2000
Facts:
Romeo Jader was a law student at the University of the East from 1984 to 1988. In his first
semester of his fourth year, he failed to take the regular examination in Practice Court I for
which he was given an incomplete grade. He enrolled for the second semester and on February 1,
1988, he filed an examination for the removal of his incomplete grade, which was approved by
the dean.

Jader’s name was in the tentative list of candidates for graduation. He was able to attend the
graduation ceremonies on April 16, 1988. After graduation, he took a leave of absence without
pay from his job to prepare for the bar examination and enrolled in a pre-bar review class. On
May 20, 1988, his professor in practice court submitted the grade where he got a grade of 5.0
(failing). As a result, he dropped his bar review classes and was not able to take the bar exams.

Jader subsequently filed a complaint for moral and exemplary damages against the university.
The trial court granted him the amount of Php35,470 as well as Php5,000 for attorney’s fees.

Issues:
1. Can the University of the East be held liable for actual damages?
2. Is the university liable to pay Jader moral damages?

Ruling:
1. Yes. Educational institutions are duty-bound to inform the students of their academic status
and not wait for the latter to inquire from the former. The conscious indifference of a person to
the rights or welfare of the person/persons who may be affected by his act or omission can
support a claim for damages. The university could not just give the grades at any time because
law students have a deadline to meet in the submission of requirements for taking the bar. It was
guilty of negligence and for violating Articles 19 and 20 of the Civil Code, which provide

Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.

Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another
shall indemnify the latter for the same.

2. No. The Supreme Court did not agree with the findings of the Court of Appeals that Jader
suffered shock, trauma, and pain when he was informed that he could not graduate. It was his
duty to verify for himself whether he has completed all necessary requirements to be eligible for
the bar examinations. If respondent was indeed humiliated by his failure to take the bar, he
brought this upon himself by not verifying if he has satisfied all the requirements including his
school records, before preparing himself for the bar examination. The award for moral damages
was deleted.