Photo from Pexels | Mikhail Nilov
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
In 2007, Rhys Palaganas (Rhys) was enrolled as a grade school student at Mother Goose School in Dagupan City, Pangasinan. He was classmates with Noel Fernandez (Noel) and Mark Dy (Mark).
On January 19, 2007, Noel lost his mechanical pencil during Music class. Rhys found Noel’s pencil and brought it home. Few days after, Noel noticed that Rhys was using his mechanical pencil during Filipino class. Noel allowed Rhys to use the pencil because Rhys had no pencil at that time. However, Rhys forgot to return the pencil at the end of the day.
The antecedent facts are as follows:
In 2007, Rhys Palaganas (Rhys) was enrolled as a grade school student at Mother Goose School in Dagupan City, Pangasinan. He was classmates with Noel Fernandez (Noel) and Mark Dy (Mark).
On January 19, 2007, Noel lost his mechanical pencil during Music class. Rhys found Noel’s pencil and brought it home. Few days after, Noel noticed that Rhys was using his mechanical pencil during Filipino class. Noel allowed Rhys to use the pencil because Rhys had no pencil at that time. However, Rhys forgot to return the pencil at the end of the day.
In their computer class on January 26, 2007, Rhys again forgot to bring the mechanical pencil and return it to Noel. Mark suddenly punched Rhys’s left arm three times, Noel followed up with two more punches, then Mark for another three punches, and Noel for another three punches. In total, Rhys was punched six times by Mark and five times by Noel. Mr. Gerald Gomez (Gomez), the teacher at that time, was in the comfort room during the incident.
Rhys then reported the incident to his Hekasi teacher but the latter did not do anything on the matter. It was only on February 1, 2007, when one of Rhys’s classmates saw his bruises and reported the matter to their class adviser, a certain teacher named Cecil. Teacher Cecil reported the incident to the parents of the students involved.
On February 2, 2007, Samuel and Villa went to Mother Goose School to complain but they were ignored. On February 7, 2007, Samuel sent a request letter for an investigation to the school principal, Mrs. Julia Palaroan (Palaroan). When it appeared that no investigation was forthcoming, Samuel sent a second request letter for an investigation on February 26, 2007 to Mrs. Palaroan. On March 5, 2007, a reinvestigation was conducted by Mother Goose School. The investigation yielded the same conclusion that there was only teasing or rough play among Rhys, Noel, and Mark. No disciplinary action was taken against Mark.
Rhys’s parents, Samuel and Villa, filed a Complaint for Damages against Calixto Fernandez (Calixto), father of Noel; Bernabe Dy, Jr., father of Mark; Mother Goose School, represented by its Director for Academic Affairs, Dr. Aurora Samson-Reyna; and Mrs. Palaroan, Mr. Gomez, and Mr. Gallardo (Calixto, et al). Samuel alleged that the fathers of Noel and Mark are liable for the damages caused by their children while Mother Goose School and its teachers were liable for negligence. In response, Calixto alleged that the boys were only playing.
The issue to be resolved in this case is whether or not Mother Goose School may be held liable in its handling of the punching incident among its pupils.
The Supreme Court ruled that Mother Goose School is liable, not on the basis of law or quasi-delict, but for the breach of its contractual obligation to provide and maintain a safe learning environment for its students.
The Court cited the landmark case of Philippine School of Business Administration v. CA, wherein the Court elaborated on the nature of the contractual relationship between the school and its students as a consequence of their bilateral obligations:
“When an academic institution accepts students for enrollment there is established a contract between them, resulting in bilateral obligations which both parties are bound to comply with.xxx”
In Saldaluga vs. Far Eastern University, the Court found that FEU breached its student-school contract for a safe learning environment due to its negligence when a sophomore law student was shot inside the campus by the school’s security guard, to wit:
“It is settled that in culpa contractual, the mere proof the existence of the contract and the failure of its compliance justify, prima facie, a corresponding right of relief. In the instant case, we find that, when petitioner was shot inside the campus by no less the security guard who was hired to maintain peace and secure the premises, there is a prima facie showing that respondents failed to comply with its obligation to provide a safe and secure environment to its students. xxx”
Based on the foregoing facts, there is preponderant evidence to support a finding of gross negligence on the part of Mother Goose School when it failed to address the harm committed and when it negligently handled the case after the punching incident. Consequently, Mother Goose School failed to exercise the diligence of a good father of the family in providing a safe learning environment to its students.
Since Mother Goose School’s negligence arose from an existing contractual obligation, its defense that it exercised due diligence in the selection and hiring of employees under Article 2180 of the Civil Code is devoid of merit.
Source:
Mother Goose Special School System, Inc. vs. Spouses Samuel Palaganas and Villa Palaganas
G.R. No. 267331. January 20, 2025
SC Holds School Liable for Negligence in Bullying Incident
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
All rights reserved.
