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BASES:
b. Respondeat superior
c. Bonus paterfamilias.
Article 2180 (a) has been REPEALED by Art. 221 of the Family Code.
Now, parent(s) exercising parental authority is liable for the torts of
their children.
Despite the lowering of the age of majority from 21 to 18, parents are
still liable for the torts committed by their children below 21 years of
age. (Art 236, par 3 FC, as amended by RA 6809).
Parents:
Guardians:
Art 2180, par 4 may be unnecessary as Art 2180, par 5 already covers
the cases under par 4.
Employers
REQUISITES OF LIABILITY:
STATE
General Rule:
Exceptions:
A special agent is
No. A regular official is liable under Art 2176 for the damage he
causes. But as a rule, even if injury is caused in the course of the
performance of a governmental duty, no recovery can be had
from the government’s officers so long as they performed their
duty honestly and in good faith or that they did not act wantonly
or maliciously.
Art. 2180 must be read together with the provisions of the Family
Code, thus:
Art. 218. 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. 219. 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 subsidiarily liable.
All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts.
Who are liable?
1) School
2) Administrators
3) Teachers
4) Individual/entity/institution engaged in child care
What are the requisites for liability to attach under the Family Code?
REQUISITES:
What are the requisites for liability to attach under Article 2180?
REQUISITES:
b. if the tortfeasor is
a teacher/ employee
of the school, it is
liable as employer
under 2180 (5) of CC
(St. Francis vs. CA)
c. if the tortfeasor is a
stranger, it is liable
for breach of
contract. (PSBA vs.
CA)