Case Digest (G.R. No. 54598)
Facts:
Jose B. Ledesma v. Hon. Court of Appeals, Spouses Pacifico Delmo and Sancha Delmo, G.R. No. 54598, April 15, 1988, Supreme Court Third Division, Gutierrez, Jr., J., writing for the Court.
An exclusive student organization at West Visayas College, the Student Leadership Club, elected Violeta Delmo as treasurer. Acting pursuant to a club resolution authorizing the treasurer to extend loans, Delmo advanced funds to some students. As President of the College, petitioner Jose B. Ledesma maintained that such loans contravened school rules and, by letter, removed Delmo from club membership and barred her from candidacy for any award or citation from the school.
Delmo sought reconsideration; when denied, she appealed to the Director of the Bureau of Public Schools. After investigation, the Director rendered a decision (dated April 13, 1966) finding that Delmo had acted in good faith and directing that she not be deprived of any award, citation, or honor if otherwise entitled thereto. The Director criticized the club adviser for negligence in not securing proper approval of the club’s constitution and by‑laws.
Petitioner received the Director’s decision and records by mail on April 27, 1966, and returned the records—and, reportedly by mistake, the decision—by mail the same day. The Director then telegraphed petitioner to furnish Delmo a copy; petitioner replied by night letter that he had returned the decision. On May 3 (commencement day) the Director telegraphed again ordering that Delmo not be deprived of honors; because the printed program could not be altered, Delmo was allowed to graduate only as an ordinary student that day. Petitioner sought reconsideration from the Director on May 5; it was denied. On July 12, 1966 petitioner directed the registrar to enter “Magna Cum Laude” in Delmo’s scholastic records.
On July 30, 1966 Delmo (a minor) and her parents filed suit for damages against petitioner; after Delmo’s death her parents proceeded as sole heirs. The Court of First Instance of Iloilo found petitioner liable under ...(Pro-only)
Issues:
- Was the petitioner liable for damages under Article 27 of the New Civil Code for failing to allow Violeta Delmo to graduate with hono...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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