UNIVERSITY OF THE EAST, petitioner, VS. ROMEO A.

JADER, respondent

GR No. 132344. February 17, 2000.

FACTS:

Romeo Jader, a law student of the University of the East, failed to take his regular examination
in Practice Court I in his first semester of his last school year. However, he was able to remove
the incomplete mark when the Dean of his college approved his application to take a removal
examination.

In the 2nd semester, his name appeared in the tentative list of candidates for graduation for the
Decree of Bachelor of Laws and in the invitation for the 35th Investiture and Commencement
Ceremonies, the plaintiff’s name appeared. Thus, he attended the investiture ceremonies and
graduated.

On April to September 1998, he took a leave of absence from his work and enrolled at the
pre-bar review class in Far Eastern University. To his dismay upon knowing that he incurred a
deficiency, he dropped his review class and was not able to take the bar examinations.

He then filed a suit against UE praying for moral and exemplary damages arising from the
latter’s negligence. The trial court ruled in his favor and was granted for actual damages. The
Court of Appeals affirmed the trial court’s decision with modification. The CA awarded moral
damages. On account of suffering moral shock, mental anguish, serious anxiety, besmirched
reputation, wounded feelings and sleepless nights and ultimately for not having to take the bar
exam.

ISSUE:

Whether or not Romeo Jader can validly claim for moral damages.

RULING:

In view of the foregoing issue, the Supreme Court emphatically enunciated that moral damages
cannot be awarded to Romeo Jader. It cannot believe that he suffered shock, trauma, and pain.
Along this vein, the Supreme Court held Jader negligent. It opined that as a student, he should
have been responsible enough to ensure that all his affairs, especially those appertaining to his
academics, are in order. 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. While the
Court held the University of the East negligent and therefore liable for actual damages in favor
of Jader, the latter was also held liable for negligence thereby no moral damages can be
awarded in his favor. The decision was affirmed with modification.