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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.
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
En locoArticle
parentisteachers
become
the
Employers
shall
be 2176
liable for
the damages
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by their
(Philippine
Civil
Code)
employees
and
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acting
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of in
“Whoever,
by act
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causes
damage
another,
surrogate
parents
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students
ortoscope
pupils
their
tasks,oreven
though the
thereassigned
being fault
negligence,
is former
obligedare
to not
payengaged
for the in
schools
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business
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damage done. Such fault or negligence, if there is no prexxx xxx
xxxand
existing
contractual
relations
between
the parties,
called
It is based
on Article
2180
Articleis 2176
Lastly, teachers or heads of establishments of arts and trades
a of
quasi-delict
and
is governed
byPhilippines.
the provisions of this
the
Civil
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of
the
shall be liable for damages caused by their pupils and students
Chapter.”
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.
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
the2176
injury is(Philippine
foreseeableCivil Code)
Article
“Whoever,
by itact
or preventable
omission causes
damage
2. whether
was
if the
persontotoanother,
whom
there negligence
being fault isorattributed
negligence,
is obliged
to the
paytime
for the
was
present at
of the
damage
done. Such fault or negligence, if there is no preinjury.
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
“Art. 2180 (Civil Code). The obligation imposed by article
caused by the negligence of an employee
2176 is demandable not only for one’s own acts or
within thebutscope
of those
their of
assigned
there
omissions,
also for
persons tasks,
for whom
one is
may rise an assumption
that there was also a
responsible.
negligence on the partx of
xx the employer either in
Thethe
responsibility
treated
of in this article
cease when
selection of
the employee,
or inshall
supervision
theover
person
that they observed all
himherein
aftermentioned
selection,proved
or both.
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
andCode)
supervisory
“Art.protective
2180. (Civil
custody.
The law
schools are liable
Lastly,
teachers
or states
heads that
of establishments
of arts
as trades
long asshall
the student
is under
the control
and by
and
be liable
for damages
caused
influence
thestudents
school authorities
at thesotime
their
pupils of
and
or apprentices,
longofas
the occurrence
of the in
injury.
they remain
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
Article 218 (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.
Article 219 (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.
1
Article 221 (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 2176 (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 relation between
the parties, is called a quasi-delict and is governed
by the provisions of this chapter.
1
Article 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.
12
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/