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Campus security and safety Law on Torts in Education Legal Requirements to Avoid Liability Teachers as Parents en loco parentis
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Campus security & safety
- 2. • School Liability for Torts • Legal Requirements to Avoid Liability • Concept of Parental Authority & Responsibility • Best Practices & Red Flags
- 4. • Tort Law, concerns civil wrongs and addresses the duty, breach and injury sustained to one individual as a result of another’s conduct. • An unlawful violation of private right, not created by contract, and which gives rise to an action for damages. • Torts such as assault, battery, libel, slander, defamation, false arrest, malicious prosecution and invasion of privacy require proof of intent or willfulness; whereas simple negligence, as an unintentional tort, does not require such proof of intent or willfulness.
- 5. •Defendants in tort cases can either be natural or artificial being. Corporations are civilly liable in the same manner as natural persons. •Any person who has been injured by reason of a tortious conduct can sue the tortfeasor. •The primary purpose of a tort action is to provide compensation to a person who was injured by the tortious conduct of the defendant. •Preventive remedy is available in some cases.
- 6. En loco parentis- teachers become the surrogate parents of the students or pupils in schools (no limit of age) It is based on Article 2180 and Article 2176 of the Civil Code of the Philippines. Art. 2180 (Civil Code) 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. xxx xxx xxx Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in business or industry. xxx xxx xxx 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 Article 2176 (Philippine Civil Code) “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 relations between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.”
- 7. 1. Liability by teachers, school administrators and educational institutions arising from negligence 2. Liability by teachers, school administrators and schools for injuries caused by persons in their custody or employment arising from negligence 3. Liability by teachers and school administrators resulting to reckless imprudence due to gross or inexcusable lack of precaution 4. Subsidiary liability by employers, teachers and other persons for crimes committed by their pupils, workmen, apprentices, employees or servants in the discharge of their duties 5. Liability by educational institutions for breach of contract in ensuring that adequate steps are taken to protect students’
- 8. • Negligence is not necessarily implied whenever someone is injured. The questions to be considered are: 1. whether the injury is foreseeable 2. whether it was preventable if the person to whom negligence is attributed was present at the time of the injury. Article 2176 (Philippine Civil Code) “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 relations between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.”
- 9. • Q: Aside from the teacher and head of the school, can the school itself be made liable? • A: In general, the liability of the teacher does not extend to the school. • Principle of Vicarious Liability: • U.S- negligence of the employee is conclusively the negligence of the employer • Philippines- employer is not liable for the negligence of the employee, students or apprentice
- 10. • Q: May a teacher escape liability for outings and activities held outside the school but authorized by the school? • A: Art 218 of the Family Code states that “authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.”
- 11. • St. Francis School’s Case • St. Mary’s Case
- 12. • Art. 2180 of the Civil Code, when injury is caused by the negligence of an employee within the scope of their assigned tasks, there may rise an assumption that there was also a negligence on the part of the employer either in the selection of the employee, or in supervision over him after selection, or both. “Art. 2180 (Civil Code). 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. x xx The responsibility treated of in this article shall cease when the person herein mentioned proved that they observed all the diligence of a good father of a family to prevent damage.”
- 13. • This is due to gross or inexusable lack of precaution in doing or failing to do an act resulting in material damage to another. • Teachers and school administrators may also be held criminally liable for imprudence (negligence) should they be found guilty of inexcusable lack of precaution in doing or failing to do an act which results in material damage to another, taking into consideration their employment and occupation, intelligence, physical condition and other circumstances regarding persons, time and place in determining the degree of care which is required in each particular situation. Liability will be based on criminal negligence (culpa criminal) under Article 365 of the
- 14. • As long as students are in attendance at school, including recess time, class time, etc., teachers should exercise protective and supervisory custody. The law states that schools are liable as long as the student is under the control and influence of the school authorities at the time of the occurrence of the injury. “Art. 2180. (Civil Code) 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.”
- 15. • In case the party causing the damage or injury to students are not members of the educational community, educational institutions may still become liable for breach of contractual obligation of providing students with an atmosphere that promotes or assists in attaining its primary undertaking of imparting knowledge. Hence, the school must ensure that adequate steps are taken to maintain peace and order within its campus premises and prevent its breakdown.
- 16. • Q: Will the school be held liable for the death of a student inside the school’s premises caused by outside assailants?
- 18. 1. The school must take appropriate precautions to prevent injury through care in enforcing discipline and observance of school rules and regulations upon students. 2. The school must impose sanctions, guidelines and prohibitions upon teachers and staff. 3. The teacher must prove that due diligence was observed in all things. As to the kind of due diligence, the last paragraph of Art 2180 is clear – “The persons must prove that they have observed all the diligence of a good father of a family to prevent damage”.
- 19. • Q: Can a teacher or school escape responsibility by asking parents to file a waiver during field trips and outings? • A: This issue is closely related to liabilities outside school and Art 218 is clear that “authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.”
- 20. Acc. To the Family Code and Civil Code of the Philippines
- 21. The school, its administrators and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. Article 218 (Family Code)
- 22. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiariliy liable. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised proper diligence required under the particular circumstances. All other cases not covered by this and the preceding article shall be governed by the provisions of the Civil Code on quasi-delicts. Article 219 (Family Code)
- 23. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law Article 221 (Family Code)
- 24. 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 a quasi-delict and is governed by the provisions of this chapter. 1 Article 2176 (Civil Code)
- 25. 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. xxx xxx xxx Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in business or industry. xxx xxx xxx 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 Article 2180 (Civil Code)
- 26. Clearly, a teacher or school personnel required to exercise special parental responsibility (in loco parentis) but who fails to observe all the diligence of a good father of a family in the custody and care of the pupils and students, shall be held liable for gross neglect of duty.
- 27. • Sarmiento U.P. (2006) Students’ Rights & Wrongs: A Comprehensive Sourcebook on Legal Rights of Students and the Limitations. Philippines. • Bauzon, P.T. (2012) Handbook in Legal Bases of Education. 2nd Ed. Mandaluyong City: National Bookstore • Civil Code of the Philippines with Republic Act No. 386 As Amended. 6th Ed. Manila: Central Book Supply, Inc. • The Family Code of the Philippines. Manila, Philippines • http://lexetjurispart1.blogspot.com/
Editor's Notes
- I will be presenting the liability of the school for student injury arising out of the acts or omissions of teachers, instructors, professors, and school officials.
- 1st- Tort- wrong acts Last- For example, a science teacher allows a student to operate lab equipment unsupervised while he/she attempts to gain a quiet moment to finish a lesson plan. The student’s lack of supervision and instruction results in injury to other students watching. The teacher can be held individually liable for the students’ injuries and risks a court award of monetary damages.
- 1st- The whole discussion is anchored on the principle of en loco parents where teachers become the surrogate parents of the students or pupils in schools, regardless of age. More than 18 is still under the ‘parentage’ of the school.
- Thus, a teacher may be held liable for an injury that may have occurred in his or her absence if his or her presence would have prevented the injury. Otherwise, a teacher may not be reasonably held liable if the injury could not have been prevented or would have happened regardless of whether he or she was present at the time of the occurrence of the injury.
- But this does not mean that the school will not always be held liable. St. Francis= Ferdinand Castillo died of drowning during a school picnic. School was NOT held responsible. Not an official picnic. The petitioners did their best and exercised diligence of a good father of a family to prevent any untoward incident or damages to all the students who joined the picnic...the petitioners were both PE instructors and scout masters who have knowledge of First Aid application and swimming St. Mary=Student died because his classmate, a 15 year-old was allowed to drive the jeep during promotion of their school in a public school. The private individual was held responsible because the steering wheel’s detachment from the jeep was the cause of the accident. “For a school to be held liable, there must be a finding that the act or omission considered as negligent was the proximate cause of the injury caused because the negligence must have a causal connection to the accident.” In this particular case, the negligence of the school was only a remote cause, so the school was exculpated.
- In the Case of Filamer Christina University vs. Intermediate Appellate Court (1992), the SC held Filamer liable with its employee. A janitor with student’s license, Funtecha, met an accident while using the School’s vehicle. The school was held liable due to lack of rules and restrictions on the part of the school, and it was on the act of furthering his master’s business.
- However, a school cannot act as insurer of its students against all risks. It must avoid liability by proving that its breach of contractual obligation was not due to its negligence.
- a school may avoid liability by proving that a breach of contractual obligation to students was not due to its negligence, constitutes an exception to the general rule that the defense of a good father of a family is not a complete defense in liability for breach of contract (culpa contractual).
- The quoted laws are the bases for holding school personnel liable for gross neglect of duty due to fault and/or negligence that may be the proximate cause for injury, damage or death of not only a student/pupil, but also of other school personnel or third parties. Hence, in addition to being administratively liable for gross neglect of duty and hence justifies his/her termination, the school personnel shall also be held principally and solitarily liable for damages of the injury and/or damage done.
- It should be noted that teachers and administrators are held to a higher standard of care than the ordinary man on the street. The teacher or administrator is under the duty to possess more than the “ordinary” amount of intelligence in relation to students and their care.