Case Digest (G.R. No. L-47745)
Facts:
Jose S. Amadora et al. v. Honorable Court of Appeals et al., G.R. No. L-47745, April 15, 1988, Supreme Court En Banc, Cruz, J., writing for the Court.The petitioners are the parents of Alfredo Amadora, who was fatally shot on April 13, 1972, inside the auditorium of Colegio de San Jose‑Recoletos. The shooter was classmate Pablito Daffon, who was later criminally convicted for homicide through reckless imprudence. The petitioners sued in a civil action for damages under Article 2180 of the Civil Code against the school, its rector, the high‑school principal, the dean of boys, the physics teacher, Daffon and other students (the latter claims were later dropped).
At trial before the Court of First Instance of Cebu the school and the individual school officials were held liable and damages of P294,984.00 were awarded to the petitioners. On appeal, the Court of Appeals reversed and absolved all defendants, reasoning (inter alia) that Article 2180 did not apply because the Colegio was an academic (not an arts‑and‑trades) school, that custody had ended since the semester had closed, that the fatal firearm had not been clearly identified, and that the defendants had exercised necessary diligence.
Among the factual disputes were whether Alfredo was on school premises for a legitimate student purpose (completing/submitting a physics requirement) and therefore still "in custody" of the school, and whether an earlier confiscated but returned unlicensed pistol (taken from Jose Gumban by Dean Sergio P. Damaso, Jr. on April 7, 1972) was the same weapon used to kill Alfredo. The Court of Appeals' absolution prompted the petitioners' Rule 45 petition for certiorari to the Supreme Court.
The Court reviewed prior decisions construing Article 2180—Exconde v. Capuno (101 Phil. 843), Mercado v. Court of Appeals (108 Phil. 414), and Palisoc v. Brillantes...(Subscriber-Only)
Issues:
- Does Article 2180 of the Civil Code apply to academic schools, and if so, which school officials (teachers or heads of establishments of arts and trades) are made liable?
- What is the scope and temporal extent of the "custody" of pupils/students under Article 2180—i.e., when is a student considered "in the custody" of school authorities?
- On the facts of this case, are the Colegio, its rector, principal, dean of boys, or the physics teacher liable under Article 2180 for Alfredo Amadora’s death?
- May the petitioners hold the dean of boys liable by proving that the pistol...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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