Civil Code: Article 6 Digested Cases

D.M. CONSUNJI vs. COURT OF APPEALS
GR No. 137873
April 20, 2001


FACTS:             On November 2, 1990, Jose Juego, a construction worker of D.M. Consunji, Inc., fell 14 floors from the Renaissance Tower, Pasig City to his death. On May 9, 1991, Jose Juego´s widow, filed in the RTC of Pasig a complaint for damages against the deceased´s employer, D.M. Consunji, Inc. The employer raised, among other defenses, the widow´s prior availment of the benefits from the State Insurance Fund. The RTC rendered a decision in favor of the widow Maria Juego, ordering the defendant to pay plaintiff. On appeal by D.M. Consunji, the CA affirmed the decision of the RTC in toto. Hence, this petition.

Issue: Whether or not the petitioner (Consunji) is negligent and should be liable.

Held:   
The decision of the CA is affirmed.   
The claims for damages sustained by workers in the course of their employment could be filed only under the Workmen´s Compensation Law, to the exclusion of all further claims under other laws. The CA held that the case at bar came under exception because private respondent was unaware of petitioner´s negligence when she filed her claim for death benefits from the State Insurance Fund.



EMETRIO CUI vs. ARELLANO UNIVERSITY
2 SCRA 205
May 30, 1961
 Facts:
            Cui was a law scholar at the Arellano University; he paid the tuition fees but it was returned to him at the end of every semester. Before Arellano awarded the scholarship grant, Cui was made to sign a contract covenant and agreement saying that he waives his right to transfer to another school in consideration of the scholarship grant and if he transfers, he shall pay the tuition fees awarded to him while being a scholar. He transferred to another school to finish his last term in law school. When he was about to take the Bar, his TOR at Arellano was not issued unless he pays the amount of the tuition fees that were returned to him when he was still their scholar. He paid under protest.

Issue:
            Whether or not the provision of the contract between plaintiff and the defendant, whereby the former waived his right to transfer to another school without refunding to the latter the equivalent of his scholarship grants in cash, is valid or not.

Held:
            The waiver signed by Cui was void as it was contrary to public policy; it was null and void.
            Scholarship grants, as pointed out by the Director of the Bureau of Private Schools in Memorandum No. 38, are awarded in recognition of merit and not to attract and keep brilliant students in school for their propaganda value. To look at such grants as a business scheme designed to increase the business potential of an educational institution is not only inconsistent with sound public policy but also good morals. Consequently, the waiver signed by the student, waiving his right to transfer to another school unless he refunds to the university the equivalent of his scholarship grants, is null and void.
            WHEREFORE, the decision appealed from is hereby reverse and another one shall be entered sentencing the defendant to pay to the plaintiff the sum of P1,033.87, with interest thereon at the legal rate from September 1, 1954, date of the institution of this case, as well as the costs, and dismissing defendant’s counterclaim. It is so ordered.