SC: Teacher Liable for Damages for Death Caused by Student

March 17, 2025  

The Supreme Court (SC) has ruled that a teacher may be held liable to pay damages for harm caused by a student under their supervision if they did not exercise due diligence in preventing the incident.

In a Decision written by Associate Justice Ramon Paul L. Hernando, the SC’s First Division upheld the liability of Gil Apolinario (Apolinario), the principal of Brgy. Palale Elementary School in Sta. Margarita, Samar, for damages arising from the death of Francisco De Los Santos (De Los Santos). The incident involved a 15-year-old student who, under Apolinario’s instruction, cut down a banana plant near the school and beside a highway. The plant fell and struck De Los Santos, who was passing by on a motorcycle, leading to his death.

De Los Santos’ family filed a complaint for damages against Apolinario. They argued that he failed to ensure proper safety measures, such as warning signs or supervision while instructing the student to cut the plant.

The Regional Trial Court and Court of Appeals both found Apolinario negligent, ruling that he remained responsible even though the incident occurred outside regular school hours.

The SC affirmed these rulings, confirming that teachers and school heads are responsible for students’ actions while under their supervision.  Even outside school hours, educators must exercise due diligence when assigning tasks to students. 

Under the Civil Code, a person who causes harm to another due to fault or negligence must pay for the damage done. Under the principle of vicarious liability, this obligation also applies to teachers-in-charge and school heads who are primarily responsible for their students’ actions while under their supervision, unless they can show that they took proper precautions.

The SC emphasized that school heads and teachers carry this obligation while their students are in their custody “because they stand in loco parentis (in the place of a parent) to their pupils and are thus called upon to exercise reasonable supervision over the conduct of the child.”

The SC found that Apolinario failed to exercise due diligence. He did not take the necessary precautions to ensure the safety of the students and other people in the immediate vicinity who may be affected. He should have instructed the student to install early warning devices along the highway or requested another adult to assist and supervise him and warn oncoming motorists.

The SC directed Apolinario to pay De Los Santos’ heirs PHP 355,000.00 in damages and litigation expenses. (Courtesy of the SC Office of the Spokesperson)

This press release is prepared for members of the media and the general public by the SC Office of the Spokesperson as a simplified summary of the SC’s Decision. For the SC’s complete discussion of the case, please read the full text of the Decision in G.R. No. 219686 (Gil Apolinario v. Heirs of Francisco Delos Santos, represented by Edwin Delos Santos, November 27, 2024) at https://sc.judiciary.gov.ph/gil-apolinario-v-heirs-of-francisco-delos-santos-represented-by-edwin-delos-santos/.