ARTICLE 19 (PERFORMANCE OF DUTY) AND 20 (WILFULLY OR NEGLIGENTLY CAUSE DAMAGE TO

ANOTHER)

UE VS JADER

FACTS:

1. Respondent Romeo Jader sued petitioner UE for damages for the moral shock, mental
anguish, serious anxiety, besmirched reputation, wounded feelings and sleepless nights he
suffered when he was not able to take the 1988 bar examinations arising from the latter’s
negligence.

2. Jader alleged that he got an incomplete grade in Practice Court 1. He took the removals
exam for said subject but he was belatedly inform that it was a 5. The graduation ceremony
invitation included his name as one of the candidates but the invitation had a footnote that
the list is tentative and still subject to the completion of requirements. Jader attended the
ceremony, he marched with his parents, was given a symbolic diploma, took pictures,
tendered a blow-out attended by neighbors, friends, and relatives, took a leave of absence
without pay from work, and enrolled at a pre-bar review class.

3. In its answer, petitioner denied liability arguing mainly that it never led Jader to believe that
he completed the requirements for an LLB degree when his name was included in the
tentative list of graduating students.

ISSUE:

May a university be held liable for damages for misleading a student into believing that the latter
had satisfied all the requirements for graduation?

HELD:

Yes, it may be held liable.

Articles 19 and 20 of the Civil Code states that 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 and every person who, contrary to law, willfully or negligently causes damage to another, shall
indemnify the latter for the same.

Educational institutions are duty-bound to inform the students of their academic status and not wait
for the latter to inquire from the former. Petitioner ought to have known that time was of the
essence in the performance of its obligation to inform respondent of his grade. It cannot feign
ignorance that respondent will not prepare himself for the bar exams since that is precisely the
immediate concern after graduation of an LL.B. graduate.

Hence petitioner is liable for its failure to promptly inform respondent of the result of an
examination and in misleading the latter into believing that he had satisfied all requirements for the
course.