Culpa contractual

Dear Atty. Nico,

My son was bullied in school. It happened last week in the classroom when his classmate tried to ask for a piece of paper because of a surprise quiz in Math, but my son refused.

After class, the former punched him in the face and called him foul names in front of their other classmates. Due to the punch, my son sustained a bruised lip.

He reported the incident to both his subject as well as class advisers but they did nothing. I complained with the school administrator. However, the conclusion of the matter was that it was only rough play and part of their growing up process.

My question is: May I hold the school liable for its handling of the punching incident between my son and his classmate?

Thank you very much for your help.

Hannah

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Dear Hannah,

In a Supreme Court decision, it was held that an educational institution may be subjected to liability due to breach of its contractual obligation (culpa contractual) to provide and maintain a safe learning environment.

Culpa contractual is the fault or negligence in the performance of a pre-existing obligation. It is governed by Articles 1170 to 1174 of the Civil Code. The mere proof of the existence of the contract and the failure of its compliance justify, prima facie, a corresponding right of relief.

In the landmark case of Philippine School of Business Administration v CA, the Court eloquently explained the nature of the contractual relationship between the school and its students resulting in bilateral obligations: 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. Likewise, said institutions have a “built-in” 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.

In the facts given, it can be inferred that the school should be primarily faulted for failing to exercise the required diligence, prudence, and foresight to avoid the happening of the assault and to address the incident after it had happened. The said school’s lack of capacity to address bullying was made vivid by how it negligently responded to the incident.

Despite the discovery, both teachers did not act upon the report of your son. Worse, the school made it appear that same was a mere petty affair between children.

Atty. Nico A. Antonio