CAMPUS SECURITY & SAFETYReporter: Audrey Anne C. Rejas

Campus Security & Safety• School Liability for Torts• Legal Requirements to Avoid Liability• Concept of Parental Authority &

Responsibility• Best Practices & Red Flags

School Liability for Torts

Torts• 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.

Notes on Torts:

•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.

School Liability for Torts

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 xxxEmployers 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 xxxLastly, 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.”

En Loco Parentis provides for1. Liability by teachers, school administrators and

educational institutions arising from negligence2. 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.

1. Liability by Teachers and School Administrators• 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

Sample Cases:

2. Liability by Educational Institutions and Administrators for Damages caused by Employees

• 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 xxThe 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.”

3. Liability by Teachers and Administrators due to Reckless Imprudence

• 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.

4. Liability by Teachers for Damages Caused by Students

• 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.”

5. Liability by Educational Institutions Arising from Breach of Contract

• 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?

Defense Against Liability

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”.

Waivers• 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.”

Teacher as a Special ParentAcc. 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.1

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.

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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.

1 2

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.

References:• 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/