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The Supreme Court ruled that Baguio Colleges Foundation (BCF) and its president cannot be held solidarily liable for damages caused by Jimmy Abon shooting and killing another student. According to Article 2180 of the Civil Code, schools can only be held liable for actions of students who are in the school's custody at the time. However, Abon was not considered to be in BCF's custody when the shooting occurred in the evening, beyond school hours and recess time. Additionally, Abon was employed and taking orders from the ROTC commander of the AFP, not BCF, so he was not under the supervision of BCF when the incident happened. Therefore, BCF and its president did not meet the requirements
The Supreme Court ruled that Baguio Colleges Foundation (BCF) and its president cannot be held solidarily liable for damages caused by Jimmy Abon shooting and killing another student. According to Article 2180 of the Civil Code, schools can only be held liable for actions of students who are in the school's custody at the time. However, Abon was not considered to be in BCF's custody when the shooting occurred in the evening, beyond school hours and recess time. Additionally, Abon was employed and taking orders from the ROTC commander of the AFP, not BCF, so he was not under the supervision of BCF when the incident happened. Therefore, BCF and its president did not meet the requirements
The Supreme Court ruled that Baguio Colleges Foundation (BCF) and its president cannot be held solidarily liable for damages caused by Jimmy Abon shooting and killing another student. According to Article 2180 of the Civil Code, schools can only be held liable for actions of students who are in the school's custody at the time. However, Abon was not considered to be in BCF's custody when the shooting occurred in the evening, beyond school hours and recess time. Additionally, Abon was employed and taking orders from the ROTC commander of the AFP, not BCF, so he was not under the supervision of BCF when the incident happened. Therefore, BCF and its president did not meet the requirements
SALVOSA VS IAC [[BENJAMIN SALVOSA and BAGUIO COLLEGES pupils and students for as long as they are at attendance
as long as they are at attendance in the school, including
FOUNDATION, petitioners, vs. THE INTERMEDIATE APPELLATE COURT, recess time." EDUARDO B. CASTRO, DIOMEDES B. CASTRO, VIRGINIA B. CASTRO and RODOLFO B. CASTRO., respondents.]] The Court used the explanation given by the respondent court in ruling that the Abon was under the custody of the petitioner: GR NO 70458 October 5, 1988 it is true that Abon was not attending any class or school function at the time of the shooting incident, which was at about 8 o'clock in the evening; but considering that Abon was employed as an armorer FACTS: and property custodian of the BCF ROTC unit, he must have been attending night classes and Baguio Colleges Foundation (BCF, hereafter) is an academic institution and also therefore that hour in the evening was just about dismissal time for him or soon thereafter. The time an institution of arts and trade. Its brochure shows that BCF has a full-fledged interval is safely within the "recess time" that the trial court spoke of and envisioned by the Palisoc case, technical-vocational department offer Communication, Broadcast and Teletype Technician courses as well as Electronics Serviceman and Automotive Mechanics courses. These courses divest BCF of the nature or character of being purely or But in the Palisoc case, it was explained that a student not "at attendance in the exclusively an academic institution. school" cannot be in "recess" thereat. A "recess," as the concept is embraced in the phrase "at attendance in the school," contemplates a situation of temporary Within the premises of the BCF is an ROTC Unit, which is under the 5th control of adjournment of school activities where the student still remains within call of his the AFP. ROTC, by way of accommodation to the AFP, is provided by the BCF an mentor and is not permitted to leave the school premises, or the area within which office and an armory located at the basement of its main building. the school activity is conducted. Recess by its nature does not include dismissal. Likewise, the mere fact of being enrolled or being in the premises of a school The BCF ROTC Unit had Jimmy B. Abon as its duly appointed armorer. He was without more does not constitute "attending school" or being in the not employed by the BCF - he receives salary from the AFP and orders from "protective and supervisory custody' of the school, as contemplated in the law. Hence, Abon cannot be considered to have been at attendance in the Ungos, the Commandant of the BCF ROTC Unit, concurrent Commandant of other ROTC units in Baguio and an employee of the AFP. Jimmy Abon was also a school or in the custody of BCF, when he shot Napoleon Castro. Logically, commerce student of the BCF. petitioner cannot under Art 2180 of the CC be held solidary liable with Abon for damages from his acts. One day, Abon shot and killed Napoleon Castro, a student of the University of Baguio with an unlicensed firearm which Abon took from the armory of the ROTC Besides, the record shows that before the shooting incident, Ungos, ROTC Unit Unit of the BCF. Abon was then convicted of the crime of Homicide. Commandant, AFP, had instructed Jimmy Abon not to leave the office and [to keep armory] well guarded. Apart from negating a finding that Jimmy B. Abon was The heirs of Castro sued for damages against Abon, Ungos, Benjamin Salvosa under the custody of the school when he committed the act for which the (President of BCF), Jesus Salvosa (VP of BCF), Quetolio (Dean of the College of petitioners are sought to be held liable, this circumstance shows that Jimmy B. Education and Executive Trustee of BCF and the Baguio Colleges Foundation Abon was supposed to be working in the armory with definite instructions from his Inc. Trial Court sentenced defendants Abot, Salvoso and BCF jointly and superior, the ROTC Commandant, when he shot Napoleon Castro. severally liable. Respondent Court affirmed. Petitioners also raise the issue that, under Art. 2180 of the Civil Code, a school ISSUE: WON petitioners (BCF and its president) can be held solidary liable with which offers both academic and technical/vocational courses cannot be held liable Abon for damages under ART 2180 CC as a consequence of the tortious act of for a tort committed by a student enrolled only in its academic program; however, Abon considering that Jimmy B. Abon was not in the custody of BCF when he shot Napoleon Castro, the Court deems it unnecessary to pass upon such other issue. HELD: NO. The SC reversed the ruling of the lower court. According to 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 rational behind this 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