7. G.R. No. L-47745 April 15, 1988 JOSE S. AMADORA, LORETA A. AMADORA, JOSE A. AMADORA JR., NORMA A.

YLAYA PANTALEON A. AMADORA, JOSE A. AMADORA III, LUCY A. AMADORA, ROSALINDA A. AMADORA, PERFECTO A. AMADORA, SERREC A. AMADORA, VICENTE A. AMADORA and MARIA TISCALINA A. AMADORA, petitioners vs. HONORABLE COURT OF APPEALS, COLEGIO DE SAN JOSE-RECOLETOS, VICTOR LLUCH SERGIO P. DLMASO JR., CELESTINO DICON, ANIANO ABELLANA, PABLITO DAFFON thru his parents and natural guardians, MR. and MRS. NICANOR GUMBAN, and ROLANDO VALENCIA, thru his guardian, A. FRANCISCO ALONSO, respondents. Facts: Like any prospective graduate, Alfredo Amadora was looking forward to the commencement exercises where he would ascend the stage and in the presence of his relatives and friends receive his high school diploma. As it turned out, though, fate would intervene and deny him that awaited experience. While they were in the auditorium of their school, the Colegio de San Jose-Recoletos, a classmate, Pablito Damon, fired a gun that mortally hit Alfredo, ending all his expectations and his life as well. Daffon was convicted of homicide thru reckless imprudence. Additionally, the herein petitioners, as the victim's parents, 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. After trial, the CIF of Cebu held the remaining defendants liable to the plaintiffs. On appeal to the respondent court, however, the decision was reversed and all the defendants were completely absolved. Issue: Whether or not teachers or heads of establishments of arts and trades shall be liable for the death of Alfredo Amadora. Ruling: The Court has come to the conclusion that the provision in question (Art. 2180) should apply to all schools, academic as well as non-academic. Following the canon of reddendo singular singuli, where the school is academic, responsibility for the tort committed by the student will attach to the teacher in charge of such student. This is the general rule. Reason: Old academic schools, the heads just supervise the teachers who are the ones directly involved with the students. Where the school is for arts and trades, it is the head and only he who shall be held liable as an exception to the general rule. Reason: Old schools of arts and trades saw the masters or heads of the school personally and directly instructed the apprentices. Therefore, the heads are not liable. The teacher-in-charge is not also liable because theres no showing that he was negligent in enforcing discipline against the accused or that he waived observance of the rules and regulations of the school, or condoned their non-observance. Also, the fact that he wasnt present cant be considered against him because he wasnt required to report on that day. Classes had already ceased.

8. G.R. No. L-29025 October 4, 1971 Spouses MOISES P. PALISOC and BRIGIDA P. PALISOC, plaintiffs-appellants, vs. ANTONIO C. BRILLANTES and TEODOSIO V. VALENTON, owner and President, respectively, of a school of arts and trades, known under the name and style of "Manila Technical Institute" (M.I.T.), VIRGILIO L. DAFFON and SANTIAGO M. QUIBULUE, defendants-appellees.

Torts and Damages Liability of teachers/heads of establishments of arts and trades

FACTS: In March 1966, while Dominador Palisoc (16 years old) was watching Virgilio Daffon and Desiderio Cruz work on a machine in their laboratory class in the Manila Technical Institute (a school of arts and trades), Daffon scolded Palisoc for just standing around like a foreman. This caused Palisoc to slightly slap the face of Daffon and a fistfight ensued between the two. Daffon delivered blows that eventually killed Palisoc. The parents of Palisoc sued Daffon, the school president (Teodosio Valenton), the instructor (Santiago Quibulue), and the owner (Antonio Brillantes). The basis of the suit against Valenton, Quibulue, and Brillantes was Article 2180 of the Civil Code. The lower court, as well as the CA, ruled that only Daffon is liable for damages and that Valenton, Quibulue, and Brillantes are not liable because under Article 2180, they are only liable so long as they [the students] remain in their custody. And that this means, as per Mercado vs Court of Appeals, that teachers or heads of establishments are only liable for the tortious acts of their students if the students are living and boarding with the teacher or other officials of the school which Daffon was not. ISSUE: Whether or not the ruling in the Mercado Case still applies. HELD: No. The SC abandoned the ruling in the Mercado Case as well as the ruling in the Exconde

Case as they adopted Justice JBL Reyes dissenting opinion in the latter case. Valenton and Quibulue as
president and teacher-in-charge of the school must be held jointly and severally liable for the quasi-

delict of Daffon. The unfortunate death resulting from the fight between the students could have been
avoided, had said defendants but complied with their duty of providing adequate supervision over the activities of the students in the school premises to protect their students from harm, whether at the hands of fellow students or other parties. At any rate, the law holds them liable unless they relieve themselves of such liability, in compliance with the last paragraph of Article 2180, Civil Code, by (proving) that they observed all the diligence of a good father of a family to prevent damage. In the light of the factual findings of the lower courts decision, said defendants failed to prove such exemption from liability. The SC reiterated that there is nothing in the law which prescribes that a student must be living and boarding with his teacher or in the school before heads and teachers of the school may be held liable for the tortious acts of their students.