G.R. No. L-47745 April 15 1988 [Parental Authority]
FACTS:
17 year old Alfredo Amadora was shot and killed by his
classmate Pablito Daffon inside the school campus. Daffon was convicted of homicide thru reckless
imprudence. The parents filed a civil action for damages under Article 2180 of
the Civil Code against the Colegio de San Jose Recoletos, its high school principal, the dean of boys,
the physics teacher, Daffon and two other students, through their respective
parents. The complaints against the students was later dropped. Upon appeal to
CA, the decision was reversed and all the defendants were completely absolved.
ISSUE:
Whether or not the school should be held liable for the acts
of its students.
RULING:
The responsibility of the school authorities over the
student continues even if the student should be doing nothing more than
relaxing in the campus in the company of his classmates and friends. Under the Article 2180 of the Family Code, it is the
teacher-in charge is the one who is imposed on the liability of his/her
students and not the school. As long as defendant can show that he had taken
the necessary precautions to prevent the injury complained of, he can exonerate
himself from the liability imposed by Art. 2180.