CHILD

PROTECTION
POLICY:
SCHOOL SETTING

TEACHERS=SECOND PARENTS
AND MORE
What does the law say when
it comes to roles and
responsibilities of the:
school
its administrators; and
teachers
with
respect
to
their
students?

ART. 218, FAMILY CODE

The
school,
its
administrators and teachers, or
the
individual,
entity
or
institution engaged in child
care
shall
have
SPECIAL
PARENTAL AUTHORITY 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.

ART. 218, EXPLAINED

The teacher referred to

must be the teacher-incharge (Amadora vs. Court
of Appeals, 160 SCRA 274)

ART. 218, EXPLAINED

the protective custody of the
school heads and teachers is
mandatorily substituted for that
of the parents
provide proper supervision of
the students activities during
the whole time that they are in
attendance in the school
take the necessary precautions
to protect the students in their
custody
from
dangers
and
hazards that would be reasonably
anticipated (St. Josephs College

v. Miranda, 622 SCRA 253)

ART. 218, EXPLAINED

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
in the enjoyment of a legitimate
student privilege
the responsibility of the school
authorities over the student
continues. (Amadora vs. Court of Appeals,
160 SCRA 274, St. Francis High School vs.
Court of Appeals, 194 SCRA 341)

ART. 218, EXPLAINED

the general rule is that the
authority of the school is coextensive with its territorial
jurisdiction,
or
its
school
ground EXCEPT:
a) In cases of violations of school
policies or regulations occurring
in connection with a school
sponsored activity off -campus;
and
b) In cases where the misconduct
of the student involves his status
as a student or aff ects the good
name or reputation of the school.

(Angeles vs. Sison, 112 SCRA 26)

ART. 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
subsidiarily liable

ART. 219, EXPLAINED

This means that the:

ARE ALL LIABLE.

IS THERE A DEFENSE?

ART. 219, FAMILY CODE

Concept of pater familias

The respective liabilities of
those
referred
to
in
the
preceding paragraph shall not
apply if it is proved that they
exercised the proper diligence
required under the particular
circumstances.

ART. 219, EXPLAINED

The school can show that it
exercised proper measure in
selecting the head or its
teachers and the appropriate
supervision over them in the
custody and instruction of
pupils pursuant to its rules
and
regulations
for
the
maintenance
of
discipline
among them. (Amadora vs.

Court of Appeals, 160 SCRA

274)

ART. 219, EXPLAINED

A
reasonably
prudent
person
would
have
foreseen
that
bringing
children to an excavation
site, and more so, leaving
them
there
all
by
themselves, may result in
an accidentMoreover, a
teacher who stands in
loco parentis to his pupils
would have made sure
that
the
children
are
protected from all harm in
his company. (Ylarde vs.
Aquino, 163 SCRA 697)

ART. 219, FAMILY CODE

However, for petitioner [St.

Marys Academy] to be liable,
there must be a fi nding that the
act or omission considered as
negligent was the proximate
cause of the injury caused
because the negligence must
have a causal connection to the
accident.
(St.
Marys

Academy vs. Carpitanos, 376

SCRA 473)

ART. 233, FAMILY CODE

In

no

case

shall
the
school
administrator,
teacher
or individual engaged in
child care and exercising
special
parental
authority,
infl ict
corporal
punishment
upon the child.

SEC. 131,
2010 MANUAL OF REGULATION
FOR PRIVATE SCHOOLS
No physically harmful
punishment
shall
be
applied. No disciplinary
sanction shall be imposed
upon any student except
for
valid
causes
as
defi ned in the school
rules and regulations, and
in accordance with due
process as provided for in
this
Manual
or
its
implementing
rules
as
promulgated
by
the
Secretary.

SEC. 134,
2010 MANUAL OF REGULATION
FOR PRIVATE SCHOOLS
When the off ense
is serious, the teaching
personnel
or
school
offi cials shall submit a
report concerning the
violation to the school
head who may cause the
institution
to
appropriate disciplinary
action against the erring
student, if warranted by
the circumstances of the
case.

ART. 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 relationship
between the parties, is
called a quasi-delict and
is
governed
by
the
provisions
of
this
Chapter.

ART. 2180, CIVIL CODE

The obligation imposed by
Article 2176 is demandable
not only for ones own acts
or omissions, but also for
those of persons for whom
one is responsible.
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

ART. 2180, EXPLAINED

Principle
Liability

of

Vicarious

One is not only liable for

his own-quasi-delictual acts
but also for those persons
for whom he is responsible
under the law

ART. 2180, EXPLAINED

In any event, it should be noted that the liability
imposed by this article is supposed to fall directly on
the teacher or the head of the school of arts and
trades and not on the school itself.
If at all, the school, whatever its nature, may be held
to answer for the acts of its teachers or even of the
head
thereof
under
the
general
principle
of
respondeat superior, but then it may exculpate itself
from liability by proof that it had exercised the
diligence of a bonus pater familias.

ART. 2180, EXPLAINED

Under 2180:

=PRIMARY RESPONSIBILITY/
PRINCIPAL LIABILITY

=COMMAND RESPONSIBILTY;
since it exercises supervision
over its teachers
(Saludaga vs. FEU, 553 SCRA
741)

ART. 2180, EXPLAINED

Liability of the School:
The liability of the school
depends on who caused the
damage or injury:
If the culprit is a:

TEACHER: Apply St. Francis

High School vs. Court of
Appeals, 194 SCRA 341; the
school is liable as the
EMPLOYER
STRANGER: Apply PSBA vs.
Court of Appeals, 205 SCRA
729; the school is liable based
on its CONTRACT with the
STUDENT

ART. 2180, EXPLAINED

Whats the DEFENSE?

ART. 218/219 VS. ART. 2180,

ART. 218/219

ART. 2180

Family Code

Civil Code

Liability falls on teachers,

administrators and the school

Liability falls on teachers

primarily; but the school may be
held liable under command
responsibility

Student must be a minor

Student is not necessarily a

minor