Teachers may be accountable for student offense—SC
Teachers may be liable for student damage if they were found negligent, the Supreme Court said.
Gil Apolinario, the principal of Brgy. Palale Elementary School in Sta. Margarita, Samar, was found liable after instructing a then 15-year-old student to cut down a banana plant as part of a school activity, which “fell and struck” a bypasser who was riding a motorcycle, causing him to fall on the cemented highway.
The victim suffered from "post-traumatic brain swelling" and "diffuse cerebral contusion," causing his death.
According to the family of the victim, Apolinario was "negligent" and there were no "necessary precautions to ensure the safety of passing motorists and pedestrians."
Moreover, the student testified that he only saw Francisco after "when the banana plant was about to fall" and that Apolinario "did not help" the victim after he fell. This was refuted by Apolinario, who said that he inspected the incident after he was informed about it. The court dismissed his claims for lack of basis.
The principal was then found negligent by the Regional Trial Court and Court of Appeals, ruling that he “remained responsible even though the incident occurred outside regular school hours.”
The Civil Code states that “a person who causes harm to another due to fault or negligence must pay for the damage done.”
“Under the principle of vicarious liability, this obligation also applies to teachers-in-charge and school heads who are primarily responsible for their students’ actions while under their supervision, unless they can show that they took proper precautions,” Hernando said in the written decision.
The SC said teachers and principals are responsible for the students they supervise, even outside school hours when giving assignments. They act like parents and must keep students safe.
In this case, the principal didn't ensure student safety, therefore, the Court made him pay P355,000 in damages and litigation expenses to the heirs of the motorcycle driver.
