Ledesma vs.

Court of Appeals
160 SCRA 449 GR No. L-54598 April 15, 1988
Nature of Action:
This is a petition to reverse the decision of Court of Appeals subjecting the
petitioner liable for damages under Article 27 of the Civil Code for failure to graduate a
student with honors.
Facts:

The late Violeta Delmo was then elected as the treasurer of an organization
named Student Leadership Club in West Visayas College. In her capacity, Delmo
extended loans from the funds of the club to some of the students of the school.

The petitioner claimed that her actions were against school regulations and
therefore dropped Delmo from the membership of the club and stripped her off of
any awards or citation shes entitled from the school.

April 13, 1966, the Director of the Bureau of Public Schools rendered a decision
that directs Ledesma to give the honors to Delmo. On April 27, 1966, Ledesma
received the mail carrying the decision and all the records of the case but he
mailed it back on April 28, 1966. And then he sent a night letter on April 29, 1966
to Director Bernandino informing that he had returned the decision, four days
before the graduation day.

On May 5, 1966, Ledesma wrote the Director asking for reconsideration to the
decision but the Director denied the request.

On July 12, 1966, the petitioner finally instructed the Registrar of the School to
enter into the scholastic records of Delmo the honor, Magna Cum Laude.

On July 30, 1966, Delmo filed an action for damages against the petitioner.
However, she passed away during the pendency of the case. Her parents being
her sole and only heirs filed an amended and supplemental complaint.

The trial court awarded Php 20,000 to the estate of Violeta Delmo and Php
10,000 to her parents for moral damages; Php 5,000 for nominal damages; Php
10,000 for exemplary damages and Php 2,000 attorneys fees. On appeal, the
Court of Appeals affirmed this decision.

Issue:
Whether or Not the respondent Court of Appeals erred in affirming the trial
courts finding that petitioner is liable for damages under Article 27 of the Civil Code
Held:
No. The Court found no reason to reverse the decision of both trial and appellate
court. It was cleared that Violeta Delmo suffered from the petitioners negligence and
abuse of power. Thus, under Article 27 of the Civil Code of the Philippines, which
provides that any person suffering from material or moral loss because of a public
servant or employee refuses or neglects, without just cause, to perform his official duty
may file an action for damages and other relief against the latter, without prejudice to
any disciplinary administrative action that may be taken, it is only proper that the
petitioner be held liable for moral damages.

However, the court found the amount of Php 10,000 to be awarded to spouses
Delmo inappropriate because they are already entitled to what will be given to late
Violeta as her sole heirs. The court modified the decision insofar as moral damages are
awarded to the spouses in their own behalf. The petition was dismissed for lack of merit.