Wednesday, March 07, 2012

Amadora vs. CA, 160 SCRA 315

Facts: A few days before graduation, Alfredo Amadora was shot and killed when his classmate, Pablito Daffron fired a gun in the auditorium of their school. Daffon was convicted of homicide thru reckless imprudence. Additionally, petitioners, 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 complaint against the students was later dropped.

Issue: Whether or not the school may be held liable for the acts of its students.

Held: As long as it can be shown that the student is in the school premises in pursuance of a legitimate student objective, in the exercise of a legitimate student right, and even in the enjoyment of a legitimate student right, and even in the enjoyment of a legitimate student privilege, the responsibility of the school authorities over the student constitutes.

Teachers shall be liable for the acts of their students. As long as the defendant can show that he had taken the necessary precautions to prevent the injury, he can exonerate himself from liability.
















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