Академический Документы
Профессиональный Документы
Культура Документы
By:
Honoridez, Kvyn
Lim, Roceli
Moreno, Raisa
Omar, Sharine
Regalado, Katrina
Villalon, John Rey
Outline
Legal Provisions
-Article 2180 of the Civil Code
-Article 218 of the Family Code
Cases
-Amadora Case, GR No. L-47745
-University of the East Case, GR No. 132344
-Palisoc Case, GR No. L-29025
-St. Marys Academy Case, GR No. 143363
Legal Provisions
Article 2180 of the Civil Code
The obligation imposed by Article 2176 is
demandable not only for ones own acts or
omissions, but also for those of persons for whom
one is responsible.
xxxxx
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 218 of the Family Code
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.
Art. 2180 of the Civil Code Art. 218 of the Family Code
GR: Applies to teachers of academic The school, its administrators and
or non-academic institutions. teachers, or the individual, entity or
Exception: In the case of institution engaged in child care is liable
establishments of arts and trades,
the head thereof shall be liable.
The student must be under the The minor must be under their
custody of the teacher in charge supervision, instruction or custody
Liability for damages is direct and Liability for damages is principal and
primary solidary
Applies only when inside the school Applies to all authorized activities
premises whether inside or outside the school
premises
Amadora vs Court of Appeals, GR No.
L-47745, April 15, 1988
Facts:
Like any prospective graduate,
Alfredo Amadora was looking
forward to the commencement
exercises where he would ascend
the stage and in the presence of his
relatives and friends receive his high
school diploma. These ceremonies
were scheduled on April 16, 1972.
As it turned out, though, fate would intervene and
deny him that awaited experience. On April 13,
1972, while they were in the auditorium of their
school, the Colegio de San Jose-Recoletos, a
classmate, Pablito Damon, fired a gun that mortally
hit Alfredo, ending all his expectations and his life as
well. The victim was only seventeen years old.
The parents filed a case for damages against the
school, the dean and the physics teacher, invoking
Art. 2180 of the Civil Code.
Art. 2180
xxxxx
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.
Arguments
Parents allegations: The petitioners contend that
their son was in the school to show his physics
experiment as a prerequisite to his graduation;
hence, he was then under the custody of the
private respondents.
The school was also not held liable since only the
teacher or the head of the school of arts and trades is
made responsible for the damage caused by the
student or apprentice.
University of the East vs Romeo A. Jader,
GR No. 132344, February 17, 2000
Facts:
In this case, Romeo had graduated
with a degree of Bachelor of Laws
at the University of the East. He
joined the commencement rights
and was able to climb at the stage
to get his diploma. But prior to
this he had a failing grade in his
Practice Court and was allowed to
take a removal exam. Since his
grades are not submitted yet by
the professor his name was part of
the tentative list of graduates.
However, when he is already enrolled at a pre-bar review class,
he was informed that he had failed his Practice Court I. So
technically, he did not finish his studies and should not have
graduated.