CAMPUS SECURITY & SAFETY

A REVIEW ON EXISTING LAWS GOVERNING THE

RELATIONSHIP BETWEEN TEACHERS AND STUDENTS
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.
1-Tort- wrong acts
2. For example, a science teacher allows a student
to operate lab equipment unsupervised while
he/she attempts to gain a quiet moment to finish a
lesson plan. The student’s lack of supervision and
instruction results in injury to other students
watching. The teacher can be held individually
liable for the students’ injuries and risks a court
award of monetary damages.
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.
 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
School Liability for Torts
persons for whom one is responsible.
xxx xxx xxx
En locoArticle
Employers parentis-
shall liable teachers
be2176 (Philippine
for the damagesbecome
Civil the
Code)
caused by their
surrogate
employees
“Whoever, by parents
and household
act of the
helpers
or omission students
acting
causes within or
damage to pupils
the scope of in
another,
their assigned
schools
there being(no tasks,
fault oreven
limit ofthough
age)the
negligence, former to
is obliged arepay
notfor
engaged
the
in business
damage or industry.
done. Such fault or negligence, if there is no pre-
It is based
existing on Article
contractual xxx xxx
relations 2180 xxxandthe
between Article
parties,2176
is
Lastly,
of teachers
the Civil orCode
heads ofof establishments
the of arts and trades
Philippines.
called a quasi-delict and is governed by the provisions of
shall be liable for damages caused by their pupils and students
this 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.
 En Loco Parentis provides for
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.
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
Article 2176 (Philippine Civil Code)
2. whether it was preventable if the person to whom
“Whoever, by act or omission causes damage to another,
negligence is attributed was present at the time of the
thereinjury.
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.”
 Sample Cases:
St. Francis School’s Case
St. Mary’s Case
2. Liability by Educational Institutions
and Administrators for Damages
caused by Employees
Art. 2180 of the Civil Code, when injury is caused
“Art.
by the2180 (Civil Code).
negligence of The obligation imposed
an employee by article
within the
2176ofistheir
scope demandable
assigned nottasks,
only for one’smay
there ownrise
acts an
or
omissions, butthat
assumption also there
for those
wasofalso
persons for whom one
a negligence on is
the part of the employer responsible.
either in the selection
x xx
of the employee, or in supervision over him after
The responsibility treated of in this article shall cease
selection, or both.
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
“Art. 2180.exercise protective and
(Civil Code)
supervisory
Lastly, teacherscustody.
or headsThe law states that of arts
of establishments
schools
and tradesare liable
shall as longforasdamages
be liable the student is by
caused
under
their theand
pupils control and or
students influence of theso long as
apprentices,
school authorities at the time of
they remain in their custody.” the
occurrence of the injury.
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.
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 Parent
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.
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
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