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The victim, Alfredo Amadora, was shot and killed by his classmate Pablito Damon while in their school auditorium shortly before graduating. Amadora's parents filed a civil suit against the school, its administrators, and teachers, claiming they were negligent. The Court of Appeals ruled against the parents, finding the school was not liable under Article 2180 of the Civil Code since it was an academic rather than trade school, and the student was no longer in the school's custody. The Supreme Court disagreed, finding Article 2180 applies to all schools, and students remain in a school's custody as long as they are under its control and influence, whether the semester has ended or not. The school could be liable for

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89 views2 pages

CASE DIGESTS Statcon

The victim, Alfredo Amadora, was shot and killed by his classmate Pablito Damon while in their school auditorium shortly before graduating. Amadora's parents filed a civil suit against the school, its administrators, and teachers, claiming they were negligent. The Court of Appeals ruled against the parents, finding the school was not liable under Article 2180 of the Civil Code since it was an academic rather than trade school, and the student was no longer in the school's custody. The Supreme Court disagreed, finding Article 2180 applies to all schools, and students remain in a school's custody as long as they are under its control and influence, whether the semester has ended or not. The school could be liable for

Uploaded by

Lorille Leones
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Amadora v.

CA
160 SCRA 315 (1988) [Per J. Cruz, En Banc]

FACTS:

Alfredo Amadora, a student in Colegio De San Jose-Recoletos, was about to graduate in high
school on April 16, 1972. On April 13, 1972, while they were in the auditorium of their school, his
classmate, Pablito Damon, fired a gun to Alfredo which caused to the latter’s death. Daffon was
convicted of homicide thru reckless imprudence. The victim's parents also filed a civil action for
damages under Article 2180 of the Civil Code against the Colegio de San Jose-Recoletos, its rector
the high school principal, the dean of boys, and the physics teacher, together with Daffon and two
other students, through their respective parents. The Court of Appeals ruled that Article 2180 was
not applicable in the case as the Colegio de San Jose-Recoletos was not a school of arts and trades
but an academic institution of learning. It also held that the students were not in the custody of the
school at the time of the incident as the semester had already ended, that there was no clear
identification of the fatal gun and that in any event the school and the teacher had exercised the
necessary diligence in preventing the injury. The parents of the victim contended that their son was
in the school to show his physics experiment as a prerequisite to his graduation; hence, he was then
under the custody of the private school and physic teacher. They also underscore the negligence
Sergio Damaso, dean of the boys, on the case when he had confiscated a pistol from Jose Gumban
on April 7, 1982 on which the former still returned afterwards. They claimed that this was the same
gun used to kill Alfredo and if it was not returned to the student, it will not be able to kill their son.

ISSUE:

Whether or not the provision of Article 2180 of the Civil Code be interpreted to be limited only to
school of arts and trades? How should the clause “so long as they remain their custody” in the said
provision be interpreted?

HELD:

The provision in question should apply to all schools, academic as well as non-academic.
Article 2180 provides that, “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”. For academic schools such as Colegio De San Jose-Recoletos, responsibility for the tort
committed by the student will attach to the teacher in charge of such student as a general rule. In
the case of establishments of arts and trades, it is the head who shall be held liable for the tort
committed. In other words, teachers in general shall be liable for the acts of their students except
where the school is technical in nature, in which case it is the head thereof who shall be answerable.
The Court followed the canon of reddendo singula singulis on which "teachers" should apply to the
words "pupils and students" and "heads of establishments of arts and trades" to the word
"apprentices." The Court further ruled that the student is 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. Custody does not connote immediate and actual
physical control but refers more to the influence exerted on the child and the discipline instilled in
him as a result of such influence.
Belo v. PNB
G.R 134330, March 1, 2001 [Per J. De Leon, Jr., Second Division]

FACTS:

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