Of students' deaths and schools' liability

That tragic and sad shooting incident in Ateneo de Zamboanga, like the unfortunate student shooting in Tacloban, was another jolting reminder that the Philippine academic institutions are becoming so similar to the increasingly violent American school systems.

I was invited by a TV network with a legal forum hosted by my friend's daughter, Atty. Karen Jimeno and Atty. Mike Toledo, supposedly to discuss the legal issues surrounding tragedies involving deaths of students inside school campuses. Because of the inclement weather and due to the short notice, I had to beg off. But I remember that I gave a lecture on that issue before the entire academic communities of the University of Mindanao and San Pedro College in Davao and at St Paul University in Surigao City.

Under Article 218 of the 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. They are civilly liable for acts and omissions of unemancipated minors.

The liability is still attached while the minor child is under their supervision, instruction and custody and also to all authorized activities inside the premises of the school. However, the liabilities shall not apply if they are able to prove that they exercise the proper diligence required under a particular circumstance. Article 219 of the Code states that 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 the said minor shall be subsidiarily liable. All other cases not covered by Articles 218 and 219 of the Family Code shall be governed by the provisions of the Civil Code on quasi-delicts. Under  Article 2180 of the Civil Code, the obligation imposed by Article 2176 is demandable not only for one's own acts or omissions but also for those for whom one is responsible. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by minor children who live in their company.

The guardians, (the teachers during school hours and the school administrators) are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. Lastly, teachers or heads of establishments of arts and trades (this has been interpreted by the Supreme Court to include all schools, not only trade schools) shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.

In the case of Jose Amadora vs Court of Appeals, GR no L-47745, promulgated by the Supreme Court on April 15, 1988, Alfredo Amadora, a minor was shot dead inside the campus of Colegio de San Jose Recoletos three days before his high school graduation. The lower court awarded a large sum of money but the Court of Appeals and the Supreme Court reversed the decision. The school administration and the teachers were exonerated having proved that they exercised due diligence under the circumstances.

The minor assailant could not be charged criminally. But the parents could be sued under the Family Code. I have more than 20 similar cases to discuss. At the end of the day, cases like these are not merely legal issues. They are stories of human failures. All of us have failed, parents, teachers, school administrators, and even lawyers, judges, congressmen, senators, presidents and vice presidents.  They are all sad stories, but we all learn from our failures and all become better persons. Hopefully.