Title
Soliman, Jr. vs. Tuazon
Case
G.R. No. 66207
Decision Date
May 18, 1992
A student shot by a security guard sued his school for damages. The Supreme Court ruled the school could be liable for negligence or breach of contract, remanding the case for further proceedings.

Case Summary (G.R. No. 66207)

Factual Background

On March 22, 1983, Maximino Soliman, Jr., who was a regular student at Republic Central Colleges, initiated a civil action for damages against the Colleges, R.L. Security Agency Inc., and security guard Jimmy Solomon. The complaint detailed an assault whereby Solomon, in his capacity as a security guard, attacked Soliman with a firearm, resulting in severe injuries that required medical attention and a recovery period of three to four months.

Motion to Dismiss

In response, Republic Central Colleges filed a motion to dismiss the complaint, arguing that it could not be held liable as Solomon was not its employee but rather an employee of R.L. Security Agency Inc. The Colleges contended that Article 2180 of the Civil Code, which outlines vicarious liability, did not apply since Solomon was not a pupil, student, or apprentice of the school.

Trial Court's Decision

On November 29, 1983, the respondent Judge granted the motion to dismiss, ruling that the Colleges could not be held accountable for the actions of Solomon due to the absence of an employer-employee relationship. The petitioner attempted to have this decision reconsidered, but to no avail.

Legal Contentions

The petitioner filed a Petition for Certiorari and Prohibition, asserting that the trial judge abused discretion by disregarding Article 2180 and other related articles. Article 2180 states that employers are liable for damages caused by their employees during the scope of their duties. The petitioner emphasized that the security guard’s actions were connected to his employment, and therefore, the Colleges should be vicariously liable.

Employer-Employee Relationship

The ruling established the legal principle affirming that liability for the acts of security personnel lies with the agency that employs them. Since Solomon was exclusively employed by R.L. Security Agency, the Colleges, as the client, bore no vicarious liability for Solomon’s actions, despite the security guard's assignment to the school premises.

Referenced Jurisprudence

The court differentiated the current case from precedents wherein schools could be held liable under Article 2180 when the parties involved included students. The cited case of Palisoc v. Brillantes involved an assault between two students, allowing for the application of vicarious responsibility due to the school’s supervisory role. In contrast, Jimmy Solomon was not a student, eliminating the basis for vicarious liability against the Colleges.

Contractual Obligations

The court acknowledged that while institutions are obliged to provide a safe environment for students, liability for security-related incidents involving outsiders or employees of a separate agency may not be directly established without clear evidence of negligence in fulfilling contractual duties. In reference to the case of Philippine School of Business Administration v. Court of Appeals, it wa

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