Dear Atty. Angela,

My son was riding a motorcycle and got struck by a huge banana plant when it was cut and fell on him along the highway near a school. He was declared dead on arrival upon reaching the hospital. In the investigation, it was found that the teacher directed the high school students to cut down the said tree, despite knowing that it was beside the highway and could lead to unwanted accidents. I want to file a case for damages against the school and the high school teacher for his negligence. Do I have a legal basis?

Myrna

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Dear Myrna,

Yes, you could file a tort case against the teacher. Under the Civil Code, 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.

In the case of Gil Apolinario v. Heirs of Francisco Delos Santos, G.R. No. 219686 (2024), the Supreme Court affirmed the rulings of the RTC and the CA, confirming that teachers and school heads are responsible for students’ actions while under their supervision. It was emphasized that even outside school hours, educators must exercise due diligence when assigning tasks to students.

Here, it could be argued that the high school teacher failed to exercise diligence. He did not take the necessary precautions to ensure the safety of the students and other people in the vicinity who may be affected. He should have instructed that an early warning device be installed along the highway or requested another adult to assist and supervise the students.

School heads and teachers carry this obligation while their students are in their custody mainly because they stand in loco parentis (in the place of a parent) to their pupils and must exercise reasonable supervision over them. As there was blatant negligence on the teacher’s part to exercise due diligence, he shall be made liable for civil damages.

Atty. Angela Antonio