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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The month of July of every year is declared as the Schools Safety Month, as per Proclamation No. 115-A, series of 1966.
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. (Article 218, Family Code)
Did you know that under Proclamation No, 115-A, series of 1966, the year 1967 and every year thereafter is declared as “Safety and Accident Prevention Year”?
Each month of the year is devoted to a particular field of safety and prevention, wherein July is designated as the Schools Safety Month.
Under the Family Code of the Philippines, the school exercises special parental authority over minor students under their supervision, instruction and custody.
Article 218 of the Family Code provides:
“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.”
Further, the Family Code provides that the school, its administrators and teachers, or the individual, entity or institution engaged in child care shall be principally and solidarily liable for damages caused by the acts or omissions of the minor student. However, liability shall not apply if it is proved that they exercised proper diligence required under the particular circumstances. (Article 219, Family Code)
Under the Civil Code of the Philippines, 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. (Article 2180, Civil Code)
Necessarily, the schools and other learning institutions have the duty to maintain peace and safety within its premises. In the case of Joseph Saludaga v. Far Eastern University (G.R. No. 179337, April 30, 2008), citing the case of Philippine School of Business Administration v. Court of Appeals (G.R. No. 84698, February 4, 1992), the Supreme Court ruled that the school must ensure that adequate steps are taken to maintain peace and order within the campus premises.
Jurisprudence says:
“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.
Institutions of learning must also meet the implicit or “built-in” obligation of providing their students with an atmosphere that promotes or assists in attaining its primary undertaking of imparting knowledge. Certainly, no student can absorb the intricacies of physics or higher mathematics or explore the realm of the arts and other sciences when bullets are flying or grenades exploding in the air or where there looms around the school premises a constant threat to life and limb. Necessarily, the school must ensure that adequate steps are taken to maintain peace and order within the campus premises and to prevent the breakdown thereof.” (Emphasis supplied.)
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