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Obligations and Contracts G.R. NO. 179337 April 30, 2008 JOSEPH SALUDAGA, petitioner, vs.

FAR EASTERN UNIVERSITY AND EDILBERTO C. DE JESUS, IN HIS CAPACITY AS PRESIDENT OF FEU, respondents. FACTS: y y y y y Joseph Saludaga was a sophomore law student of FEU when he was shot by Alejandro Rosete, one of the security guards on duty at the school premises on August 18, 1996. Saludaga was rushed to FEU-NRMF due to the wound he sustained. Rosete was brought to the police station where he explained that the shooting was accidental. He was eventually released as no formal complaint was filed. Saludaga then filed a complaint for damages against respondents on the ground that they breached their obligation to provide students with a safe and secure environment and an atmosphere conducive to learning. Respondents, in turn, filed a Third Party cComplaint against Galaxy Development and Management Corp., and Mariano Imperial, its president, to indemnify them for whatever would be adjudged in favor of petitioner, if any; and to pay for attorneys fees and cost of suit. Galaxy and Imperial filed a Fourth Party Complaint against AFP General Insurance. On November 10, 2004, the trial court rendered a decision holding FEU, Edilberto de Jesus, Galaxy and Imperial liable for damages. The Fourth Party Complaint was dismissed for lack of merit. Respondents appealed and the CA rendered a decision reversing the trial court decision. Saludaga filed a motion for reconsideration which was denied. Hence the petition for review on certiorari.

y y

y y

ISSUE/S: y y Whether or not respondents exercised due diligence in selecting Galaxy as the agency which would provide security services within the premises of respondent FEU Whether or not respondent is liable for damages

RULING: The petition is GRANTED. The decision of the trial court is AFFIRMED with MODIFICATIONS. Respondent FEU is ordered to pay actual, temperate and moral damages and attorneys fees and litigation expenses. The complaint against De Jesus is dismissed. Galaxy and Imperial are held to equally pay FEU the costs it paid.

Jocelyn H. Baylon

Obligations and Contracts RATIONALE/PERTINENT PROVISIONS: y Institutions of learning must also meet the implicit or built-in obligation of providing their students with an atmosphere that promotes or assists in attaining its primary undertaking of imparting knowledge. In culpa contractual, the mere proof of the existence of the contract and the failure of its compliance justify, prima facie, a corresponding right of relief. An act of God cannot be invoked to protect a person who has failed to take steps to forestall the possible adverse consequences of such loss. Article 1170: Those who in the performance of their obligations are guilty of fraud, negligence or delay, and those who in any manner contravene the tenor thereof, are liable for damages.

y y y

Jocelyn H. Baylon