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.
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