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• School Liability for Torts

• Legal Requirements to Avoid Liability

• Concept of Parental Authority & Responsibility

• Best Practices & Red Flags

• Tort Law, concerns civil wrongs and addresses the duty, breach and injury sustained to one individual as a result of another’s conduct.

• An unlawful violation of private right, not created by contract, and which gives rise to an action for damages.

• Torts such as assault, battery, libel, slander, defamation, false arrest, malicious prosecution and invasion of privacy require proof of intent or willfulness; whereas simple negligence, as an unintentional tort, does not require such proof of intent or willfulness.

•Defendants in tort cases can either be natural or

artificial being. Corporations are civilly liable in

the same manner as natural persons.

•Any person who has been injured by reason of a

tortious conduct can sue the tortfeasor.

•The primary purpose of a tort action is to provide

compensation to a person who was injured by the

tortious conduct of the defendant.

•Preventive remedy is available in some cases.

En loco parentis- teachers become the

surrogate parents of the students or

pupils in schools (no limit of age)

It is based on Article 2180 and Article

2176 of the Civil Code of the

Philippines.

Art. 2180 (Civil Code)

The obligation imposed by article 2176 is demandable

not only for one’s own acts or omissions, but also for

those of persons for whom one is responsible.

xxx xxx xxx

Employers shall be liable for the damages caused by

their employees and household helpers acting within the

scope of their assigned tasks, even though the former

are not engaged in business or industry.

xxx xxx xxx

Lastly, teachers or heads of establishments of arts and

trades shall be liable for damages caused by their pupils

and students or apprentices, so long as they remain in

their custody.

The responsibility treated of in this article shall cease

when the persons herein mentioned prove that they

observed all the diligence of a good father of a family to

prevent damage.

Article 2176 (Philippine Civil Code)“Whoever, by act or omission causes damage to

another, there being fault or negligence, is obliged to

pay for the damage done. Such fault or negligence, if

there is no pre-existing contractual relations between

the parties, is called a quasi-delict and is governed

by the provisions of this Chapter.”

1. Liability by teachers, school administrators and educational

institutions arising from negligence

2. Liability by teachers, school administrators and schools for

injuries caused by persons in their custody or employment

arising from negligence

3. Liability by teachers and school administrators resulting to

reckless imprudence due to gross or inexcusable lack of

precaution

4. Subsidiary liability by employers, teachers and other

persons for crimes committed by their pupils, workmen,

apprentices, employees or servants in the discharge of their

duties

5. Liability by educational institutions for breach of contract in

ensuring that adequate steps are taken to protect students’

life and limb.

• Negligence is not necessarily implied whenever

someone is injured. The questions to be considered

are:

1. whether the injury is foreseeable

2. whether it was preventable if the person to whom

negligence is attributed was present at the time

of the injury.

Article 2176 (Philippine Civil Code)“Whoever, by act or omission causes damage to

another, there being fault or negligence, is obliged to

pay for the damage done. Such fault or negligence, if

there is no pre-existing contractual relations between

the parties, is called a quasi-delict and is governed

by the provisions of this Chapter.”

• Q: Aside from the teacher and head of the

school, can the school itself be made liable?

• A: In general, the liability of the teacher does not

extend to the school.

• Principle of Vicarious Liability:

• U.S- negligence of the employee is conclusively the

negligence of the employer

• Philippines- employer is not liable for the negligence of

the employee, students or apprentice

• Q: May a teacher escape liability for outings and

activities held outside the school but authorized

by the school?

• A: Art 218 of the Family Code states that

“authority and responsibility shall apply to all

authorized activities whether inside or outside

the premises of the school, entity or institution.”

• St. Francis School’s Case

• St. Mary’s Case

• Art. 2180 of the Civil Code, when injury is

caused by the negligence of an employee

within the scope of their assigned tasks,

there may rise an assumption that there

was also a negligence on the part of the

employer either in the selection of the

employee, or in supervision over him after

selection, or both.

“Art. 2180 (Civil Code). The obligation imposed by

article 2176 is demandable not only for one’s own

acts or omissions, but also for those of persons for

whom one is responsible.

x xx

The responsibility treated of in this article shall cease

when the person herein mentioned proved that they

observed all the diligence of a good father of a family

to prevent damage.”

• This is due to gross or inexusable lack of precaution in

doing or failing to do an act resulting in material damage

to another.

• Teachers and school administrators may also be held

criminally liable for imprudence (negligence) should they

be found guilty of inexcusable lack of precaution in doing

or failing to do an act which results in material damage to

another, taking into consideration their employment and

occupation, intelligence, physical condition and other

circumstances regarding persons, time and place in

determining the degree of care which is required in each

particular situation. Liability will be based on criminal

negligence (culpa criminal) under Article 365 of the

Revised Penal Code.

• As long as students are in attendance at

school, including recess time, class time,

etc., teachers should exercise protective

and supervisory custody. The law states

that schools are liable as long as the

student is under the control and influence

of the school authorities at the time of the

occurrence of the injury.

“Art. 2180. (Civil Code)

Lastly, teachers or heads of establishments of

arts and trades shall be liable for damages

caused by their pupils and students or

apprentices, so long as they remain in their

custody.”

• In case the party causing the damage or injury to

students are not members of the educational

community, educational institutions may still

become liable for breach of contractual obligation

of providing students with an atmosphere that

promotes or assists in attaining its primary

undertaking of imparting knowledge. Hence, the

school must ensure that adequate steps are

taken to maintain peace and order within its

campus premises and prevent its breakdown.

• Q: Will the school be held liable for the

death of a student inside the school’s

premises caused by outside assailants?

1. The school must take appropriate precautions

to prevent injury through care in enforcing

discipline and observance of school rules and

regulations upon students.

2. The school must impose sanctions, guidelines

and prohibitions upon teachers and staff.

3. The teacher must prove that due diligence was

observed in all things. As to the kind of due

diligence, the last paragraph of Art 2180 is clear

– “The persons must prove that they have

observed all the diligence of a good father of a

family to prevent damage”.

• Q: Can a teacher or school escape responsibility

by asking parents to file a waiver during field

trips and outings?

• A: This issue is closely related to liabilities

outside school and Art 218 is clear that “authority

and responsibility shall apply to all authorized

activities whether inside or outside the premises

of the school, entity or institution.”

Acc. To the Family Code and Civil

Code of the Philippines

The school, its administrators and teachers, or

the individual, entity or institution engaged in

child care shall have special parental authority

and responsibility over the minor child while

under their supervision, instruction or custody.

Authority and responsibility shall apply to all

authorized activities whether inside or outside

the premises of the school, entity or institution.

Article 218 (Family Code)

Those given the authority and responsibility under the

preceding Article shall be principally and solidarily liable

for damages caused by the acts or omissions of the

unemancipated minor. The parents, judicial guardians

or the persons exercising substitute parental authority

over said minor shall be subsidiariliy liable.

The respective liabilities of those referred to in the

preceding paragraph shall not apply if it is proved that

they exercised proper diligence required under the

particular circumstances.

All other cases not covered by this and the preceding

article shall be governed by the provisions of the Civil

Code on quasi-delicts.

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Article 219 (Family Code)

Parents and other persons exercising parental

authority shall be civilly liable for the injuries and

damages caused by the acts or omissions of their

unemancipated children living in their company and

under their parental authority subject to the

appropriate defenses provided by law

Article 221 (Family Code)

Whoever by act or omission causes damage to

another, there being fault or negligence, is

obliged to pay for the damage done. Such fault

or negligence, if there is no pre-existing

contractual relation between the parties, is

called a quasi-delict and is governed by the

provisions of this chapter.

1

Article 2176 (Civil Code)

The obligation imposed by article 2176 is demandable not

only for one’s own acts or omissions, but also for those of

persons for whom one is responsible.xxx xxx xxx

Employers shall be liable for the damages caused by their

employees and household helpers acting within the scope of

their assigned tasks, even though the former are not engaged

in business or industry.xxx xxx xxx

Lastly, teachers or heads of establishments of arts and trades

shall be liable for damages caused by their pupils and

students or apprentices, so long as they remain in their

custody.

The responsibility treated of in this article shall cease when

the persons herein mentioned prove that they observed all the

diligence of a good father of a family to prevent damage.

Article 2180 (Civil Code)

Clearly, a teacher or school personnel

required to exercise special parental

responsibility (in loco parentis) but who fails

to observe all the diligence of a good father

of a family in the custody and care of the

pupils and students, shall be held liable for

gross neglect of duty.

• Sarmiento U.P. (2006) Students’ Rights & Wrongs: A

Comprehensive Sourcebook on Legal Rights of Students

and the Limitations. Philippines.

• Bauzon, P.T. (2012) Handbook in Legal Bases of

Education. 2nd Ed. Mandaluyong City: National Bookstore

• Civil Code of the Philippines with Republic Act No. 386

As Amended. 6th Ed. Manila: Central Book Supply, Inc.

• The Family Code of the Philippines. Manila, Philippines

• http://lexetjurispart1.blogspot.com/