Dear PAO,

My son lost his mechanical pencil during his music class. The next day, he noticed that one of his classmates had it. He asked his classmate to return his pencil, but the latter refused. When my son insisted that it be returned, his classmate suddenly punched him on the left arm, and another classmate punched him three times on the right arm. My son reported the incident to his teacher, but the latter did nothing. I then went to his school to personally complain, but they also did nothing. I even sent a request letter for an investigation to the school principal, but the school’s conclusion is that the incident was only due to teasing or rough play among the students. Hence, no disciplinary action was imposed on the students who hurt my son. I am not satisfied with the investigation, so I’m planning to file a case against the school. Can I file a case against the school for failure to provide a safe environment for its students despite the fact that it is written in our contract?

Ara

Dear Ara,

First and foremost, we should examine the obligation of the school to its students. According to Article 1157 of the New Civil Code, an obligation may arise from law, contracts, quasi-contracts, quasi-delict, and delict.

In several cases, the Supreme Court ruled that when an academic institution accepts students for enrollment, there is an established contract between the parties. Hence, both parties have bilateral obligations which they are bound to comply. Aside from the school’s obligation to provide the student with education, it is also obliged to provide a conducive atmosphere for learning, where there are no constant threats to life and limbs of the students. In other words, the school must ensure the maintenance of peace and order within the campus.

These are exactly the pronouncement of the Supreme Court in the case of Mother Goose Special School System, Inc vs. Spouses Palaganas, G.R. No. 267331, 20 January 2025, penned by Associate Justice Mario V. Lopez, in ruling that the school may be held liable for its failure to exercise the required diligence, prudence, and foresight to avoid the happening of an assault, or to address its happening.

To quote: “It has been shown that the school has not conducted training or awareness seminars or trainings to enable its teachers-personnel to cope with situations such as the incident subject of this case. It is not out of tune to say then that the school, which should have been aware of the probability of events such as this happening failed insufficiently and effectively addressing the concern. The school, then as an institution, and not its employees could be faulted, primarily with the happening of the incident, or its management after its occurrence. The defendant school failed to exercise the required diligence, prudence, and foresight to avoid the happening of the assault, or to address its happening.”

Applying the said ruling to your case, you may file a case against your son’s school for their apparent inability to provide a safe space for your child who is their student. The fact that your son’s teacher, and even the school principal, did not do anything after being informed of the assault on your child by two other students shows that they were not trained to detect bullying and to address the same. In turn, the school may be said to be ill-equipped at identifying and addressing bullying within its campus.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].