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 March 5, 2014
Site Owner: Atty. Howard Chan
Civil Law – Torts and Damages
– Article 2180 – Liability of
Schools of Arts and Trades and
Academic Schools – Liability
of Teachers and Heads of
School
In April 1972, while the high
school students of Colegio
de San Jose-Recoletos were  Public Attorney's Of ce, SFC, La
in the school auditorium, a Union
certain Pablito Daffon red a Justice Hall, Sevilla
gun. The stray bullet hit San Fernando City, La Union
Alfredo Amadora. Alfredo 2500
died. Daffon was convicted
of reckless imprudence
 074-888-2578
resulting in homicide. The  howard@uberdigests.info
parents of Alfredo sued the (mailto:howard@uberdigests.info)
school for damages under
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ra. The trial court ruled that

the principal, the dean of
boys, as well as the teacher-
in-charge are all civilly
liable. The school appealed
as it averred that when the
incident happened, the
school year has already

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ended. Amadora argued that
Any opinion, information or remark made on
even though the semester
this site, including any response to queries or
has already ended, his son
comments posted, should not be regarded as a
was there in school to
complete and authoritative statement of the
complete a school
law. This site is only meant as a resource to aid
requirement in his Physics
subject. The Court of Appeals
students and researchers on their legal
studies.
ruled in favor of the school.
The CA ruled that under the
This blog was started by the owner, Howard
last paragraph of Article
Chan, when he was still a law student. He
2180, only schools of arts
passed the 2014 bar exams and was admitted
and trades (vocational
to the bar on April 29, 2015. Thus, distinctions
schools) are liable not
must be made between posts, comments, and
academic schools like
opinions made by the author before and after
Colegio de San Jose-
admission to the bar.
Recoletos.

ISSUE: Whether or not
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and-exams/) Recoletos, an academic
school, is liable under Article
LAW MEMES 2180 of the Civil Code for
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the tortuous act of its
2014 BAR EXAM RESULTS students.
(http://www.uberdigests.info/2 HELD: Yes. The Supreme
bar-exam-results/)
Court made a re-
examination of the provision
About Uber Digests
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uber-digests/) Article 2180 which provides:
The author is now part of a law rm in the City
of Baguio (Licudine and Associates Law Of ce).
Any posts, comments, and opinions posted
herein by the author is in no way and should
never be construed as attributable to said law
of ce. (May 1, 2015 to May 30, 2016)
UPDATE: The author is now a Public Attorney
in the City of San Fernando, La Union. Any
posts, comments, and opinions posted herein
by the author is in no way and should never be
construed as attributable to the Public
Attorney's Of ce.

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it is time to update the
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The Supreme Court also
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ruled that such liability does
not cease when the school
year ends or when the
semester ends. Liability
applies whenever the
student is in the custody of
the school authorities as
long as he is under the
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school and within its
premises, whether the
semester has not yet begun
or has already ended at the
time of the happening of the
incident. As long as it can be
shown that the student is in
the school premises in
pursuance of a legitimate
student objective, in the
exercise of a legitimate
student right, and even in
the enjoyment of a
legitimate student right, and
even in the enjoyment of a
legitimate student privilege,
the responsibility of the
school authorities over the
student continues. Indeed,
even if the student should
be doing nothing more than
relaxing in the campus in
the company of his
classmates and friends and
enjoying the ambience and
atmosphere of the school, he
is still within the custody
and subject to the discipline
of the school authorities
under the provisions of
Article 2180.
At any rate, the REMEDY of
the teacher, to avoid direct
liability, and for the school,
to avoid subsidiary liability,
is to show proof that he, the
teacher, exercised the
necessary precautions to
prevent the injury
complained of, and the
school exercised the
diligence of a bonus pater
familias.
 In this case however, the
Physics teacher in charge
was not properly named, and
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