Case Digest: Salvosa v. IAC

Salvosa v. IAC

G.R. No. 70458 [October 5, 1988]

Facts of the Case:

Baguio Colleges Foundation is an academic institution. However, it is also an institution of arts and trade because BCF has a full-fledged technical-vocational department offering Communication, Broadcast and Teletype Technician courses as well as Electronics Serviceman and Automotive Mechanics courses.

Within the premises of the BCF is an ROTC Unit. The Baguio Colleges Foundation ROTC Unit had Jimmy B. Abon as its duly appointed armorer.  As armorer of the ROTC Unit, Jimmy B. Abon received his appointment from the AFP. Not being an employee of the BCF, he also received his salary from the AFP,  as well as orders from Captain Roberto C. Ungos. Jimmy B. Abon was also a commerce student of the BCF.

On 3 March 1977, at around 8:00 p.m., in the parking space of BCF, Jimmy B. Abon shot Napoleon Castro a student of the University of Baguio with an unlicensed firearm which the former took from the armory of the ROTC Unit of the BCF.  As a result, Napoleon Castro died and Jimmy B. Abon was prosecuted for, and convicted of the crime of Homicide.

Subsequently, the heirs of Napoleon Castro sued for damages, impleading Jimmy B. Abon and the BCF .

Issue:

WON BCF is subsidiarily liable.

Ruling of the Case:

Under the penultimate paragraph of Art. 2180 of the Civil Code, teachers or heads of establishments of arts and trades are liable for “damages caused by their pupils and students or apprentices, so long as they remain in their custody.” The rationale of such liability is that so long as the student remains in the custody of a teacher, the latter “stands, to a certain extent, in loco parentis as to the student and is called upon to exercise reasonable supervision over the conduct of the student.” Likewise, “the phrase used in [Art. 2180 — ‘so long as (the students) remain in their custody means the protective and supervisory custody that the school and its heads and teachers exercise over the pupils and students for as long as they are at attendance in the school, including recess time.” Jimmy B. Abon cannot be considered to have been “at attendance in the school,” or in the custody of BCF, when he shot Napoleon Castro. Logically, therefore, petitioners cannot under Art. 2180 of the Civil Code be held solidarity liable with Jimmy B. Abon for damages resulting from his acts.