Refund from unspent school graduation ceremony

Refund from unspent school graduation ceremony "As a mother of three kids, I survived senior high school by engaging in online selling with the help of my husband. Last year, I paid a certain sum of money to the private school where I enrolled as a graduation fee, which included payment for our pictorials, yearbook and graduation ceremony. I received our graduation pictures and the yearbook. However, because of the coronavirus quarantine imposed by the government, no graduation ceremony was ever held. May I recover in full what I have paid?Evelyn Dear Evelyn,At the outset, admission in school is governed by contract. This is elucidated by the Supreme Court in Regino vs Pangasinan Colleges (GR 156109, Nov. 18, 2004), through Chief Justice Artemio Panganiban, viz: “Upon enrolment, students and their school enter upon a reciprocal contract. The students agree to abide by the standards of academic performance and codes of conduct, issued usually in the form of manuals that are distributed to the enrollees at the start of the school term. Further, the school informs them of the itemized fees they are expected to pay.”Additionally, Article 22 of the Civil Code of the Philippines provides that “every person who, through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.” It is also explained by the Supreme Court in the case of Filinvest Land vs Abdul Backy, et al. (GR 174715, Oct. 11, 2012), penned by Chief Justice Diosdado Peralta that:“Unjust enrichment exists “when a person unjustly retains a benefit to the loss of another, or when a person retains money or property of another against the fundamental principles of justice, equity and good conscience.” There is unjust enrichment under Article 22 of the Civil Code when (1) a person is unjustly benefited, and (2) such benefit is derived at the expense of or with damages to another. Thus, xxx respondents have the duty to return the down payment as they no longer have the right to keep it.” You stated in your letter that you paid a certain amount of money to the school you were enrolled in as graduation fee, which covered payment for graduation pictorials, yearbook and graduation ceremony. You received the graduation pictures and yearbook. Sadly, no graduation ceremony was ever held due to the community quarantine. Unless provided otherwise in your contract, you may recover what you have paid, but only in so far as recovery for payment of graduation ceremony is concerned. When community quarantine was declared rendering graduation ceremony impossible, an obligation is created on the part of the school to return said amount as they have no right to keep it. Otherwise, the school would unjustly enrich itself at your expense. You may not recover the full amount you paid considering that you have already received your yearbook and graduation pictorials. You may begin by writing a letter to the school demanding for the refund/return of what you paid with respect to the graduation ceremony before seeking court’s intervention.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/