Tuesday, June 26, 2012

Cui vs Arellano University

GR No. L-15127


Facts: The petitioner was a law student in the respondent university and was a scholar in the said university therefore he did not pay his tuition because of his scholarship grant. When he was reaching his 4th year, to follow where his uncle, former Dean of the College of Law in the respondent University transferred to another school, petitioner felt the need to transfer and leave the respondent University. After graduating and he was about to take the Bar exams, he was obtaining his Transcript of records from the respondent university where the university is collecting from him the total amount of his tuition because he transferred, therefore the University is asking for the payment. Director of Private Schools issued a Memorandum, where on the second paragraph clearly stated that scholarship grants need not to be reimbursed when a granted student transfer. The respondent University alleged that the Memorandum be declared null and void.




Issue(s): Whether the contract entered by the petitioner and respondent void?




Held: The Court in in lieu with the lower court in saying that it in the affirmative. Thus, The nature of the issue before us, and its far reaching effects, transcend personal equations and demand a determination of the case from a high impersonal plane. Neither do we deem it essential to pass upon the validity of said Memorandum No. 38, for, regardless of the same, we are of the opinion that the stipulation in question is contrary to public policy and, hence, null and void. The aforesaid memorandum merely incorporates a sound principle of public policy. 
                 

No comments:

Post a Comment