Dear Atty. Nico,

I am currently a principal of a public school somewhere in Sulu and, someone filed a civil action against me for damages. Allegedly, the aggrieved party blames me for the death of her father, who happened to be a victim of an accident (a coconut tree fell on the latter as he was about to ride his bicycle, causing him severe head injuries).

Apparently, it was due to an order I gave to a student in our school (to cut down the same in preparation for an upcoming event). May I be held liable for the accident?

Marcelo

Dear Marcelo,

Based on the provisions of the Civil Code as well as a decided case by the Supreme Court, you may be held civilly liable for the said accident.

A teacher-in-charge’s civil liability for quasi-delicts committed by pupils in their custody is anchored in Articles 2176 and 2180 of the Civil Code:

Art. 2176. 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 relation between the parties, is called quasi-delict and is governed by the provisions of this Chapter.

Art. 2180. The obligation imposed by article 2176 is demandable not only for one’s 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.

The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.

In the case of Apolinario v Heirs of De Los Santos, the Supreme Court explained that under the concept of vicarious liability or imputed negligence, school heads and teachers are liable for the tortious acts of their pupils while they remain in their custody because they stand in loco parentis to their pupils and are thus called upon to exercise reasonable supervision over the conduct of the child.

A student is deemed in the custody of the school authorities as long as he is under the control and influence of the school and within its premises, whether the semester has not yet begun or has already ended.

However, pursuant to Article 2180 of the Civil Code, teachers shall be freed of liability arising from the tortious acts of their students if they can prove that they observed all the diligence of a good father of a family to prevent damage.

As long as the defendant can show that he had taken the necessary precautions to prevent the injury complained of, he can exonerate himself/herself from the liability imposed by Article 2180.

Applying the legal principles mentioned to the given facts, you may be held accountable civilly for the accident namely because:

1) The plaintiff (the aggrieved party) incurred damages when her father died from the incident;

2) The student, whom you ordered to cut the tree, was negligent in doing so without taking the necessary precautions and;

3) The action of the said student resulted in the demise of her father, without which damages would not have happened.

In addition, despite the fact that you are the principal of the school, it cannot be denied that you supervised the school event and that the order, to cut down the tree, was given by you.

Atty. Nico A. Antonio