FREE LEGAL ADVICE IN DEAR PAO COLUMN
Dear PAO,
My five-year-old child is a nursery student in a private school. During recess and while he was playing with his classmates inside the classroom, my son got injured when one of his classmates accidentally pierced him with a scissor on his right arm. He was rushed to the hospital where he was admitted for four days. Later, it was found out that the child got the scissor from the top of the desk of their teacher. The school denied responsibility for what happened claiming that they were not at fault and the incident happened during recess.
Ella
Dear Ella,
You can file an action for damages against the school, its administrators and the teacher of your child. The responsibility of the school is based on Articles 218 and 219 of the Family Code which grants the school, its administrators and teachers, special parental authority and responsibility over the minor child while under their supervision, instruction, or custody and makes them principally and solidarily liable for damages caused by the acts or omissions of the minor. “Principally and solidarily” means that they have the direct and primary responsibility to pay for damages caused by the minor under their custody.
The school, its administrators and teachers, as well as the parents and judicial guardians, may only deny liability if they can prove that they exercised the proper diligence re- quired under the circumstance. Diligence means the exercise of proper care based on the situation. It denotes the absence of negligence.
In your case, it can be argued that there was negligence on the part of the teacher when she left the scissor on the top of her desk, especially considering the fact that it was left within reach of five-year old students who do not understand the danger of handling a scissor without adult supervision. The teacher should have kept sharp or pointed objects where the students would not be able to reach them.
Likewise, the school may not deny liability on the ground that the incident happened during recess. Their responsibility starts the moment the students are placed under their supervision, instruction, or custody. In one case, the Supreme Court said that the custody of the school over the students remain as long as they are at attendance at the school, including recess time ( Amadora vs. Court of Appeals, G.R. No. L-47745 April 15, 1988 citing Palisoc vs. Brillantes).
I hope that we were able to enlighten you on the matter. Should you have further questions, I invite you to visit our office at the 5th Floor DOJ Agencies Bldg., NIA Road cor. East Ave., Diliman, Quezon City or any district office nearest your residence.