G.R. No. 66207 - Soliman, Jr. vs. Tuazon

Petitioner Maximino Soliman, Jr., represented by his judicial guardian Virginia C. Soliman, filed a complaint for damages on March 22, 1983, alleging serious injury.
The incident occurred on August 13, 1982, when petitioner, a regular enrolled student at Republic Central Colleges, was allegedly attacked on campus by a security guard.

It was alleged that security guard Jimmy B. Solomon, while performing his duties on the school premises, in a wanton, reckless, and malevolent manner, assaulted petitioner using a .38 Caliber Revolver with intent to cause his death.
The projectile shot inflicted significant injuries on petitioner’s abdomen, which, according to medical opinion, required confinement and hindered his ability to attend classes and perform regular work for a period of three to four months.

Alleged that the security guard’s actions were wrongful and sought compensation for the damages sustained, including loss of health and inability to attend classes.
Sought the application of various provisions of the Civil Code, especially Article 2180 along with Articles 349, 350, and 352, to establish liability.

Argued that the school was not liable since the security guard was not an employee of the school but of R.L. Security Agency Inc.
Claimed that the provisions of Article 2180, particularly relating to the liability for acts committed by pupils, students, or apprentices, were inapplicable because the security guard was neither a pupil, student, nor apprentice.

The trial court, presided over by Judge Ramon Tuazon of the Regional Trial Court Branch LXI in Angeles City, granted the motion to dismiss by ruling that the school could not be held liable for the wrongful acts of a security guard who was employed by a separate security agency.
Petitioner moved for reconsideration, which was denied, prompting the filing of a Petition for Certiorari and Prohibition challenging the trial court’s decision.

Article 2180 of the Civil Code – establishing vicarious liability for acts committed by persons for whom one is legally responsible, including employees and persons under substitute parental authority.
Articles 349, 350, and 352 of the Civil Code – relating to the supervision and responsibilities of teachers, professors, and heads of establishments over their subordinates, pupils, students, or apprentices.
Jurisprudence from cited cases such as Palisoc v. Brillantes and PSBA v. Court of Appeals, which discuss the limits and applicability of vicarious liability and contractual obligations in a school setting.

Whether Republic Central Colleges can be held liable for the wrongful acts of its security guard, given that the guard was employed by R.L. Security Agency Inc. rather than by the school.
Whether the petitioner’s cause of action may extend beyond the exclusive application of Article 2180 of the Civil Code, particularly in light of implied contractual obligations between the school and its students.
Whether the trial court erred in dismissing the complaint solely on the ground that the guard was not a direct employee of the school, thereby overlooking alternative bases for liability under other provisions of law.
Whether the school's duty to provide a safe learning environment, stemming from an implied contract with its students, could establish liability despite the security guard being an independent contractor.