“Teachers shall be freed of liability arising from the tortious acts of their students if they can prove that they observed all the diligence of a good father of a family to prevent damage”
“A teacher-in-charge’s civil liability for quasi-delicts committed by pupils in their custody is anchored in Articles 2176 and 2180 of the Civil Code.”
“Under [the concept of vicarious liability], school heads and teachers are liable for the tortious acts of their pupils while they remain in their custody…” (Apolinario v. Heirs of de los Santos, G.R. 219686, Nov. 27, 2024)
“[T]hey stand in loco parentis to their pupils and are thus called upon to exercise reasonable supervision over the conduct of the child. A student is deemed in the custody of the school authorities as long as he is under the control and influence of the school and within its premises, whether the semester has not yet begun or has already ended.” (op. cit.)
“However,… teachers shall be freed of liability arising from the tortious acts of their students if they can prove that they observed all the diligence of a good father of a family to prevent damage. As long as the defendant can show that he had taken the necessary precautions to prevent the injury complained of, he can exonerate himself/herself from the liability…”(op. cit.)
“In addition, Articles 218 and 219 of the Family Code provide that the school, its administrator, and teachers have special parental authority and responsibility over the minor child while under their supervision, instruction, and custody, and are thus principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor.”
“In turn, the parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable for damages.”
“When the parent places the child under the effective authority of the teacher, the teacher should be the one answerable for the torts committed by the pupil while under his/her custody…” (op. cit.)
“[A] claim for damages on the basis of quasi-delict…can be sustained [when] the following requisites are present: (1) damage to plaintiff; (2) negligence, by act or omission, of [the] defendant…; and (3) connection of cause and effect between such negligence and damage.” (op. cit.)
In the case of Apolinario v. Heirs of de los Santos, “Rico Villahermosa (Rico), the 16- year old son of Teresita Villahermosa (Teresita), was cutting down [a] banana plant on the side of Maharlika Highway upon the instruction and under the supervision of [Gil] Apolinario, his school principal. The banana plant fell and hit Francisco De Los Santos (Francisco) who was driving his motorcycle…” (op. cit.)
“As a result, Francisco fell from his motorcycle and unto the cemented highway” causing head injuries which resulted to his death. Clearly, all the requisites are present:
“First,… the Heirs [of de los Santos] incurred damages when Francisco sustained injuries and passed away from the incident.”
“Second, Rico was negligent when he cut the banana plant without taking the necessary precautions, such as setting up early warning devices to adequately advise motorists… requesting the assistance of an adult in directing motorists that may be affected. Third, Rico’s act of… [not] taking the necessary precautions resulted in the injuries and death of Francisco…”
“Moreover, Apolinario falls squarely within the definition of a teacher-in charge contemplated in Article 2176 of the Civil Code. The teacher-in charge is the one designated by the dean, principal, or other administrative superior to exercise supervision over the pupils in the specific classes or sections to which they are assigned.”
“While Apolinario is the principal of the school, it is clear from the record that he closely supervised the pintakasi and his pupil Rico, and in fact directly instructed Rico to cut down the plant immediately prior to the incident.”
“Finally, Apolinario failed to show that he exercised the diligence of a good father of a family to prevent the injuries and death of Francisco.”
“As the principal of the school who supervised the activity, Apolinario is expected to take the necessary precautions to ensure not just the safety of the participants but likewise third persons in the immediate vicinity who may be affected by the pintakasi, and to take due care in supervising and instructing those participating in the activity in the execution of their tasks, especially for minor participants.” (op. cit.)