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All the requisites for the application of the rule of res ipsa loquitur are present in the case
at bar, thus a reasonable presumption or inference of appellants negligence arises.
Claims for damages sustained by workers in the course of their employment could be filed
only under the Workmens Compensation Law. In availing its remedies, claimants are
deemed to have waived their right of the remedies provided by other laws. However, this is
an exception because private respondent was unaware of petitioners negligence when she
filed her claim for death benefits, otherwise, she would have opted to avail of a better
remedy than that of which she already had.
CUI vs. ARELLANO UNIVERSITY
G.R. No. L-15127
30 May 1961
FACTS:
Emeterio Cui enrolled in the defendant university where plaintiff finished his law studies up
to the first semester of his fourth year. Plaintiff was awarded with scholarship grants and his
tuition fees were returned to him at the end of each semester. Plaintiff left the defendants
law school and enrolled for the last semester of his fourth year at the College of Law of Abad
Santos University where he graduated.
He applied to take the bar examination in with which he needed the transcript of records
from defendant Arellano University. The defendant demanded that he had paid back the P1,
033.87, noting the contract that he signed stated that in consideration of the scholarship
granted to him by the University, he waives his right to transfer to another school without
having refunded to the defendant the equivalent of the scholarship cash.