Welcome, Guest
Username: Password: Remember me

TOPIC: School Accidents- Liability of Teachers/ School

School Accidents- Liability of Teachers/ School 6 years 11 months ago #151

good evening po im 26years of age.mother po ako ng isang grade four student which is accidentally nasaksak ng ballpen ang sariling leeg during school hours dahil sa pagkakasagi sa kanya ng classmate niya.ano po ba ang pwede naming gawin o may mgae legal action or karapatan po ba kami as a victim of that accident?sana po ay matulungan ninyo kami.
Last Edit: 6 years 11 months ago by Atty. Libayan.
The administrator has disabled public write access.

School Accidents- Liability of Teachers/ School 6 years 11 months ago #156

  • Atty. Libayan
  • Atty. Libayan's Avatar
  • OFFLINE
  • Administrator
  • Please contact us for all your legal needs.
  • Posts: 3361
  • Thank you received: 354
  • Karma: 49
This is an excerpt in THE LAW GOVERNING THE RELATIONSHIP BETWEEN TEACHERS AND STUDENTS by CAGLIOSTRO M. MARTINEZ and MARIA LOURDES A. SALES. It will help a lot in understanding your current situation. To wit:

As Substitute Parent

Under the New Civil Code, a teacher is considered a substitute parent or one who stands in loco parentis and as such, shall exercise substitute parental authority over his students(CIVIL CODE, art. 349, par. 2.). In view of this status, a teacher or professor is legally obliged to exercise reasonable supervision over the conduct of the student and to cultivate the best potentialities of the heart and mind of the pupil or student (CIVIL CODE, art. 349, par. 2; 350 and 352.).

The failure of the teacher to exercise reasonable supervision over the conduct of a student and which results in damage or injury to a third person or to the student himself, arising from the commission
by the student of a quasi-delict, raises a rebuttable presumption of negligence on the part of the teacher who may be held vicariously liable for the acts of the tortfeasor (CIVIL CODE, art. 2180, par. 7.) provided that, either the injured ,student or the student tortfeasor remains in the teacher's custody, and the school involved is an establishment of arts and trades.

Vicarious liability under Article 2180 of the New Civil Code is direct and not subsidiary, such that a teacher may be sued for damages by the injured party. The responsibility of teachers shall cease upon proof that they observed all the diligence of a good father of a family to prevent damage.

As clearly stated by Justice J.B.L. Reyes in his dissenting opinion in Exconde v. Capuno :10

the basis of the presumption of negligence in Article 1903 (now Art. 2180) is some culpa in vigilando that parents, teachers, etc. are supposed to have incurred in the exercise of their authority ... where the parent places the child under the effective authority of the teacher, the latter, and not the parent, should be the one answerable for the torts committed while under their custody, for the very reason that the parent is not supposed to interfere with the authority and supervision of the teacher while the child is under instruction.

Under Article 2180 of the New Civil Code, the school itself, as an employer, likewise, has to respond for the fault or negligence of its school head and teachers (Palisoc v. Brillantes, G.R. No. L-29025, October 4, 1971, 41 SCRA 548, 1971). But the school shall have the right to seek reimbursement of what it has to pay as damages from the negligent employee (CIVIL CODE, art. 2181.).

However, if damage or injury is a consequence of a criminal act committed by a student on a third person, including another student, Article 103 of the Revised Penal Code fixes the teacher's liability for damages as merely subsidiary. Such subsidiary liability presupposes the institution of a criminal action against the student as defendant.School Accidents- Liability of Teachers/ School
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
Last Edit: 6 years 11 months ago by Atty. Libayan.
The administrator has disabled public write access.
The following user(s) said Thank You: margie nazareno

School Accidents- Liability of Teachers/ School 6 years 11 months ago #157

thanks po for answering my messages.sana po ay may tagalog version kayo ng laws na ito upang mas maiintindihan ng mga pangkariniwang mamamayan na may ganito ring kaso.maraming salamat po at nakatulong po ito ng malaki
The administrator has disabled public write access.

School Accidents- Liability of Teachers/ School 6 years 11 months ago #158

  • Atty. Libayan
  • Atty. Libayan's Avatar
  • OFFLINE
  • Administrator
  • Please contact us for all your legal needs.
  • Posts: 3361
  • Thank you received: 354
  • Karma: 49
Wag po kayong mag alala, maglalagay po tayo ng translator dito, pansamantala, gumamit po muna kayo ng google translate.

You are welcome.
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
The administrator has disabled public write access.
The following user(s) said Thank You: margie nazareno
Time to create page: 0.050 seconds
Powered by Kunena Forum ::

CONTACT US NOW!

Philippine Lawyers

We go live to answer all your questions

Free Legal Advice Every Wednesdays and Fridays
at 6:00 pm

Facebook Event | YouTube Channel

Season One

Episode 1:  August 31, 2018

Facebook Video | YouTube Video

Episode 2:  September 7, 2018

Facebook Video | YouTube Video

Episode 3:  September 13, 2018

Facebook Video | YouTube Video

Episode 4:  September 21, 2018

Facebook Video | YouTube Live

Episode 5:  September 28, 2018

Facebook Video | YouTube Video

Episode 6:  October 5, 2018

Facebook Video | YouTube Video

Free Legal Advice

IMPORTANT NOTICE

If your predicament is urgent; or, when your case is already pending in court; please do not opt for the free legal advice. It is best to get in touch with a lawyer the soonest possible time. I answer all queries here personally but sometimes it may take time because of my busy schedule. Rest assured all will be answered but the time is indefinite. Thank you for understanding.

Ranny Randolf B. Libayan

OFFICE HOURS

9:00 AM TO 5:00 PM Monday to Friday

We are also open for appointments on weekends

It is best to contact us for an appointment if you decide to visit us so you will be given priority

SERVICES WE OFFER:

Philippine Law Firm

Representation

We will represent you in court, administrative, and other tribunal hearings.

Law Firm in Taguig

Notarization

We provide notarization and drafting of all kinds of legal documents.

Notary Public

Legal Consultation/ Retainer

We provide the best legal advice about anything legal whether it be via retainer or just one time.

Philippines Free Legal Advice

Free Legal Advice Online

We provide free online legal advice just proceed to the forums.