The Supreme Court (SC) has ruled that teachers can be held liable to pay damages for negligence in cases of injuries and even deaths caused by their students under their supervision.
Under the Civil Code, the SC said “a person who causes harm to another due to fault or negligence must pay for the damage done.”
“Under the principle of vicarious liability, this obligation also applies to teachers-in-charge and school heads who are primarily responsible for their students’ actions while under their supervision, unless they can show that they took proper precautions,” the SC also said in a decision written by Associate Justice Ramon Paul L. Hernando.
Vicarious liability, “also known as imputed liability, means holding one person responsible for the actions of another due to a special relationship, such as employer-employee or parent-child, where the former is held liable for the latter's negligence or wrongdoing.”
The SC pointed out that school heads and teachers carry this obligation while their students are in their custody “because they stand in loco parentis (in the place of a parent) to their pupils and are thus called upon to exercise reasonable supervision over the conduct of the child.”
A press briefer issued by the SC’s Office of the Spokesperson, the High Court upheld the liability of Gil Apolinario, the principal of Barangay Palale Elementary School in Sta. Margarita, Samar, for damages arising from the death of Francisco De Los Santos in 1998.
It said the incident involved a 15-year-old student who, under Apolinario’s instruction, cut down a banana plant near the school and beside a highway.
The plant fell and struck De Los Santos, who was passing by on a motorcycle, leading to his death. De Los Santos’ family filed a complaint for damages against Apolinario.
The family argued that Apolinario failed to ensure proper safety measures, such as warning signs or supervision while instructing the student to cut the plant.
The ruling of the regional trial court (RTC) which found Apolinario negligent was affirmed by the Court of Appeals (CA). The RTC and the CA said that Apolinario was negligent even while the incident that took De Los Santos’ life occurred outside of the regular school hours.
Apolinario appealed the ruling before the SC which modified the rulings of the RTC and the CA on the award of damages.
The press briefer stated: “The SC found that Apolinario failed to exercise due diligence. He did not take the necessary precautions to ensure the safety of the students and other people in the immediate vicinity who may be affected. He should have instructed the student to install early warning devices along the highway or requested another adult to assist and supervise him and warn oncoming motorists.”
The SC directed Apolinario to pay De Los Santos’ heirs P355,000 in damages and litigation expenses.
The dispositive portion of the SC decision:
“Accordingly, the Petition for Review on Certiorari is party granted. The May 28, 2014 Decision and the June 24, 2015 Resolution of the Court of Appeals in CA G.R. CV No. 03433 are affirmed with modification.
“Petitioner Gil Apolinario is ordered to pay respondent heirs of Francisco De los Santos the following: (a) P250,000 as temperate damages; (b) P50,000 as civil indemnity; (c) P50,000 as moral damages; and (d) P5,000 as litigation expenses.
“Interest at the rate of six percent per annum shall be imposed on all damages awarded from the finality of this Decision until fully paid. So ordered.”