Professional Documents
Culture Documents
160, APRIL 15, 1988 315 should apply to the words pupHs and students and heads
Amadora vs. Court of Appeals of establishments of arts and trades to the
word apprentices.
No. L-47745. April 15, 1988. *
Padilla Law Office for respondents. In its decision, which is now the subject of this
petition for certiorari under Rule 45 of the Rules of
CRUZ, J.: Court, the respondent
________________
Like any prospective graduate, Alfredo Amadora was
looking forward to the commencement exercises where 1 Rollo, pp. 63, 157.
Ibid., p. 38.
he would ascend the stage and in the presence of his
2
3 Id., p. 23.
relatives and friends receive his high school diploma, 4 Id., p. 31. Climaco, J., ponente, with Pascual and Agcaoili, JJ.
Jose-Recoletos, its rector, the high school principal, the The basic undisputed facts are that Alfredo Amadora
dean of boys, and the physics teacher, together with went to the San Jose-Recoletos on April 13, 1972, and
Daffon and two other students, through their respective while in its auditorium was shot to death by Pablito
parents, The complaint against the students was later Daffon, a classmate. On the implications and
dropped. After trial, the Court of First Instance of Cebu consequences of these facts, the parties sharply
held the remaining defendants liable to the plaintiffs in disagree.
the sum of P294,984.00, representing death The petitioners contend that their son was in the
compensation, loss of earning capacity, costs of school to finish his physics experiment as a prerequisite
litigation, funeral expenses, moral damages, exemplary to his graduation; hence, he was then under the custody
damages, and attorneys fees. On appeal to the
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of the private respondents. The private respondents
submit that Alfredo Amadora had gone to the school Lastly, teachers or heads of establishments of arts and
only for the purpose of submitting his physics report trades shall be liable for damages caused by their pupils and
and that he was no longer in their custody because the students or apprentices so long as they remain in their
semester had already ended. custody.
There is also the question of the identity of the gun Three cases have so far been decided by the Court in
used which the petitioners consider important because connection with the above-quoted provision, to
of an earlier incident which they claim underscores the wit: Exconde v. Capuno, Mercado v. Court of
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negligence of the school and at least one of the private Appeals, and Palisoc v. Brillantes. These will be briefly
8 9
respondents. It is not denied by the respondents that on reviewed in this opinion for a better resolution of the
April 7, 1972, Sergio Damaso, Jr., the dean of boys, case at bar.
confiscated from Jose Gumban an unlicensed pistol but In the Exconde Case, Dante Capuno, a student of the
later returned it to him without making a report to the Balintawak Elementary School and a Boy Seout,
principal or taking any further action. As Gumban was
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attended a Rizal Day parade on instructions of the city
one of the companions of Daffon when the latter fired school supervisor. After the parade, the boy boarded a
the gun that killed Alfredo, the petitioners contend that jeep, took over its wheel and drove it so recklessly that
this was the same pistol that had been confiscated from it turned turtle, resulting in the death of two of its
Gumban and that their son would not have been killed passengers. Dante was found guilty of double homicide
if it had not been returned by Damaso. The respondents with reckless imprudence. In the separate civil action
say, however, that there is no proof that the gun was filed against them, his father was held solidarily liable
the same firearm that killed Alfredo. with him in damages under Article 1903 (now Article
Resolution of all these disagreements will depend on 2180) of the Civil Code for the tort committed by the 15-
the interpretation of Article 2180 which, as it happens, year old boy.
is invoked This decision, which was penned by Justice Bautista
________________ Angelo on June 29,1957, exculpated the school in
an obiter dictum (as it was not a party to the case) on
5 Id., pp. 3031. the ground that it was not a school of arts and trades.
Id., pp. 23, 272.
Justice J.B.L. Reyes, with whom Justices Sabino
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321
VOL. 160, APRIL 15, 1988 321 Padilla and Alex Reyes concurred, dissented, arguing
that it was the school authorities who should be held
Amadora vs. Court of Appeals
liable. Liability under this rule, he said, was imposed on
by both parties in support of their conflicting positions.
(1) teachers in general; and (2) heads of schools of arts
The pertinent part of this article reads as follows:
and trades in particular. The modifying clause of
establishments of arts and trades should apply only to with him. The Court declared through Justice
heads and not teachers. Teehankee:
Exconde was reiterated in the Mercado Case, and The phrase used in the cited article'so long as (the
with an elaboration. A student cut a classmate with a students) remain in their custody'means the protective
razor blade during recess time at the Lourdes Catholic and supervisory custody that the school and its heads and
School in Quezon City, and the parents of the victim teachers exercise over the pupils and students for as long as
they are at attendance in the school, including recess time.
sued the culprits parents for damages. Through Justice
There is nothing in the law that requires that for such
Labrador, the Court declared in
liability to attach, the pupil or student who commits the
________________
tortious act must live and board in the school, as erroneously
7 101 Phil. 843. held by the lower court, and the dicta in Mercado (as well as
8 108 Phil. 414. in Exconde) on which it relied, must now be deemed to have
9 41 SCRA 548.
been set aside by the present decision.
322 This decision was concurred in by five other
322 SUPREME COURT REPORTS ANNOTATED members, including Justice J.B.L. Reyes, who stressed,
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Amadora vs. Court of Appeals in answer to the dissenting opinion, that even students
another obiter (as the school itself had also not been already of age were covered by the provision since they
sued) that the school was not liable because it was not were equally in the custody of the school and subject to
an establishment of arts and trades. Morever. the its discipline. Dissenting with three others, Justice 11
custody requirement had not been proved as this Makalintal was for retaining the custody interpretation
contemplates a situation where the student lives and in Mercado and submitted that the rule should apply
boards with the teacher, such that the control, direction only to torts committed by students not yet of age as the
and influences on the pupil supersede those of the school would be acting only in loco parentis.
parents. Justice J.B.L. Reyes did not take part but the In a footnote, Justice Teehankee said he agreed with
other members of the court concurred in this decision Justice
promulgated on May 30,1960. ________________
In Palisoc vs. Brillantes, decided on October 4, 1971,
Concepcion, C.J., Reyes, Barredo, Villamor, and Makasiar, JJ.
a 16year old student was killed by a classmate with fist
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