University of the East vs.

Jader He then filed a suit against UE

GR No. 132344 - February 17, praying for moral and exemplary
2000 damages arising from the latter’s
negligence. The trial court ruled in
FACTS: his favor and was granted for actual
Romeo Jader, a law student of damages. The Court of Appeals
the University of the East, failed to affirmed the trial court’s decision
take his regular examination in with modification. The CA awarded
Practice Court I in his first semester moral damages.
of his last school year. However, he On account of suffering moral
was able to remove the incomplete shock, mental anguish, serious
mark when the Dean of his college anxiety, besmirched reputation,
approved his application to take a wounded feelings and sleepless
removal examination. In the 2nd nights and ultimately for not being
semester, his name appeared in the able to take the bar exam.
tentative list of candidates for
graduation for the Decree of ISSUE:
Bachelor of Laws and in the Whether or not Jader may
th
invitation for the 35 Investiture and validly claim for damages.
Commencement Ceremonies, the
plaintiff’s name appeared. Thus, he RULING:
attended the investiture ceremonies In view of the foregoing issue,
and graduated. the Supreme Court emphatically
enunciated that moral damages
On April to September 1998, cannot be awarded to Romeo Jader.
he took a leave of absence from his It cannot believe that he suffered
work and enrolled at the pre-bar shock, trauma, and pain. Along this
review class in Far Eastern vein, the Supreme Court held Jader
University. To his dismay upon negligent. It opined that as a
knowing that he incurred a student, he should have been
deficiency, he dropped his review responsible enough to ensure that all
class and was not able to take the his affairs, especially those
bar examinations. appertaining to his academics, are in
order. If respondent was indeed
humiliated by his failure to take the and awarded the care and custody of
bar, he brought this upon himself by the minor to his mother. Petitioner
not verifying if he has satisfied all appealed before the CA. While the
the requirements. While the Court appeal was pending, the CA, upon
held the University of the East respondent’s motion issued a
negligent and therefore liable for resolution increasing the support to
actual damages in favor of Jader, the P20, 000. The CA dismissed the
latter was also held liable for petitioners appeal for lack of merit
negligence thereby no moral and affirmed the RTC decision.
damages can be awarded in his Petitioner motion for reconsideration
favor. was denied, hence this petition.

Noel Buenaventura vs. Court of

Appeals ISSUE:
G.R. Nos. 127358 - G.R. Nos. Whether or not co-ownership
127449; March 31, 2005 is applicable to valid marriages

FACTS: RULING:
Noel Buenaventura filed a Since the present case does
position for the declaration of nullity not involve the annulment of a
of marriage on the ground that both bigamous marriage, the provisions of
he and his wife were psychologically article 50 in relation to articles 41,
incapacitated. 42 and 43 of the Family Code,
providing for the dissolution of the
The RTC in its decision, absolute community or conjugal
declared the marriage entered into partnership of gains, as the case
between petitioner and respondent maybe, do not apply. Rather the
null and violation ordered the general rule applies, which is in case
liquidation of the assets of the a marriage is declared void ab initio,
conjugal partnership property; the property regime applicable to be
ordered petitioner a regular support liquidated, partitioned and
in favor of his son in the amount of distributed is that of equal co-
15,000 monthly, subject to ownership.
modification as the necessity arises,
 Since the properties ordered
to be distributed by the court a quo
were found, both by the RTC and the
CA, to have been acquired during the
union of the parties, the same would
be covered by the co-ownership. No
fruits of a separate property of one
of the parties appear to have been
included or involved in
distribution.
Delmo asked for a reconsideration of
the decision but the petitioner denied
it. Delmo, thus, appealed to the Office
of the Director of the Bureau of Public
Schools. The Director after due
investigation, rendered a decison to
allow Delmo to graduate with honors.
The Director sent the decision to the
said petitioner and ordered him not to
deprive Delmo of any honors due her
but the petitioner failed to do so even
after receiving subsequent telegrams
from the director ordering him to
execute the decision.

Issue:

Ledesma vs. CA
Whether or not the President of

Facts: the West Visayas College is liable for

damages under Article 27 of the Civil
Violets Delmo as treasure of an Code?
organization named Student
Leadership Club extended loans from Ruling:

the funds of the club to some of the

The court dismissed the petition
students of the school. The petitioner,
for lack of merit and affirmed the
Ledesma, claims that the said act of
appellate court’s decision. Violeta
extending loans was against school
Delmo went through a painful ordeal
rules and regulations. Thus, the
which was brought about by the
petitioner, as President of the School,
petitioner's neglect of duty and
sent a letter to Delmo informing her
callousness thus, moral damages are
that she was being dropped from the
but proper. Moral damages include
membership of the club and that she
physical suffering, mental anguish,
would not be a candidate for any
fright, serious anxiety, besmirched
award or citation from the school.
reputation, wounded feelings, moral
shock, social humiliation, and similar Ponente: J. Romero
injury. Though incapable of pecuniary
computation, moral damages may be
recovered if they are the proximate FACTS:
result of defendant's wrongly act or
omission. It was the petitioner's duty Rogelio Bayotas y Cordova was
to enforce the said decision. He could charged with Rape and eventually
have done so considering that he Pending appeal of his conviction,
received the decision and he Bayotas died at the National Bilibid
undoubtedly read the whole of it which Hospital due to cardio respiratory
consisted of only three pages. arrest Consequently, the Supreme
Moreover, the petitioner should have Court in its Resolution dismissed the
had the decency to meet with Mr. criminal aspect of the appeal.
Delmo, the girl's father, and inform However, it required the Solicitor
the latter, at the very least of the General to file its comment with
decision. This, the petitioner likewise regard to Bayotas' civil liability arising
failed to do, and not without the from his commission of the offense
attendant bad faith. Based on the charged.
undisputed facts, exemplary damages
are also in order. The rationale behind ISSUE:
exemplary or corrective damages is,
as the name implies, to provide an Whether or not article 30 of the civil
example or correction for the public code may apply on this case.
good.
HELD:

NO. Article 30 cannot apply as civil

PEOPLE V BAYOTAS liability arised from the criminal
proceeding and not on a separate civil
G.R. No. 102007 September 2, 1994 action. And so accused pending
Plaintiff-appellee: People of the appeal would extinguish his criminal
Philippines liability and civil liability upon his
Accused-appellant: Rogelio Bayotas y death before final judgment.
Cordova
 Zalamea vs. CA been proved. Foreign laws do not
prove themselves nor can the courts
Facts:
take judicial notice of them. Like any

The petitioners-spouses Zalamea, and other fact, they must be alleged and

their daughter purchased 3 airline proved. Written law may be evidenced

tickets from the Manila agent of by an official publication thereof or by

respondent TransWorld Airlines, Inc. a copy attested by the officer having

for a flight to New York to Los Angeles. the legal custody of the record, or by

The tickets of petitioners-spouses his deputy, and accompanied with a

were purchased at a discount of 75% certificate that such officer has

while that of their daughter was a full custody. The certificate may be made

fare ticket. All three tickets by a secretary of an embassy or

represented confirmed reservations. legation, consul general, consul, vice-

The petitioners were placed on the consul, or consular agent or by any

wait list because the number of officer in the foreign service of the

passengers who had checked in before Philippines stationed in the foreign

them had already taken all the seats country in which the record is kept,

available on the flight. TransWorld and authenticated by the seal of his

Airlines, Inc.'s refused to office. No official publication of the

accommodate them despite Code of Federal Regulations of the

possession of confirmed tickets. Thus, Civil Aeronautics Board allowing

they were constrained to book in overbooking was presented as

another flight. evidence. Thus, respondent court's

finding that overbooking is specifically
Issue: allowed by the US Code of Federal
Regulations has no basis in fact.
Whether or not the U.S. law
authorizing overbooking has been
proven by the respondent exculpating
it from damages?

Ruling:

The U.S. law or regulation allegedly

authorizing overbooking has never