Dear Atty. Kathy,

My daughter in elementary school told me that her seatmate has been slapping her hands because she did not want to lend her new pencil case that she just got for her birthday.

I asked my daughter why she told me only now, and she said that she tried to report what happened every day to their class adviser, Ms. A, who said she could not do anything since she did not personally witness the incidents.

I went to the school to complain, however, the headmistress told me that there was no penalty given to the seatmate even if she admitted the slapping, because based on their investigation, what happened was only playful teasing.

I appealed to the headmistress to do something because my daughter is now too scared to go to school, since she is afraid that that her seatmate will keep slapping her.

However, the headmistress said the decision is final. I feel that the school is not doing enough to provide a safe learning environment for my daughter.

I am suffering from anxiety because of this situation. Could the school be made liable for damages then?

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Dear Patricia,

In a recent case, the Supreme Court has ruled that when an academic institution accepts students for enrollment, there is established a contract between them, resulting in bilateral obligations which both parties are bound to comply with.

For its part, the school undertakes to provide the student with an education that would presumably suffice to equip him with the necessary tools and skills to pursue higher education or a profession. On the other hand, the student covenants to abide by the school’s academic requirements and observe its rules and regulations.

Moreover, academic institutions have an obligation of providing a conducive atmosphere for learning, where there are no constant threats to life and limbs of the students. Thus, the school must ensure the maintenance of peace and order within the campus, and that adequate steps are taken to maintain peace and order within the campus premises and to prevent the breakdown thereof.

Nevertheless, jurisprudence has also cautioned that a school is not an insurer of all risks. The institution or school may still avoid liability by proving that the breach of its contractual obligation to the students was not due to its negligence.

Based solely on your narration, it appears that the class adviser did not do anything about the slapping incidents; the school did not inform you about the slapping incidents right away despite your daughter’s reports; the headmistress did not address your daughter’s fear in facing her seatmate again; and no disciplinary action was imposed against the seatmate, despite admitting to the slapping incidents.

Thus, subject to proof that the school was not negligent in handling the slapping incidents, it appears that the school is at fault for failing to exercise the required diligence, prudence, and foresight to avoid the happening of the slapping incidents and to address the incident after it had happened.

Under Article 1170 of the Civil Code, liability for damages arises when those in the performance of their obligations are guilty of negligence. Moreover, moral damages may be awarded for breaches of contract where the defendant acted in bad faith, to enable the injured party to obtain means that will serve to alleviate his or her moral suffering by reason of the defendant’s culpable action.

In addition, Article 2232 of the Civil Code provides that in contracts, the court may award exemplary damages if the defendant acted in a wanton, reckless, oppressive, or malevolent manner, by way of example or correction for the public good.

Attorney’s fees may also be awarded when exemplary damages are awarded and when it is just and equitable to do so, upon the discretion of the court.

Considering the apparent negligence exhibited by the school, and subject to proof of mental anguish suffered by you and your daughter, the Court may hold the school liable for moral damages, exemplary damages and attorney’s fees.