THE UNIVERSITY OF SAN CARLOS IS DRAFTING ITS MANUAL FOR ADMINISTRATIVE EMPLOYEES AND ACADEMIC PERSONNEL.

WHAT PROVISIONS MUST BE INCORPORATED THEREIN TO SHIELD IT FROM POTENTIAL LIABILITIES? o Schools and their employees are not automatically responsible for every injury that may occur within the school. In order to be held liable for negligence, the following four questions must be answered in the affirmative: 1. Did the defendant owe a duty to the plaintiff? 2. Did the defendant breach that duty? 3. Was the plaintiff injured? 4. Was the breach the proximate cause of the injuries?

The Legal Responsibility of Schools There is a duty of due care that the law recognizes one person owes to another (See Art. 19, NCC). Regarding students, schools and their employees have the duty to supervise students, provide adequate and appropriate instruction prior to commencing an activity that may pose a risk of harm, and provide a safe environment. Usually, that duty extends to students while they are in the custody or control of the school. Schools may have a duty to supervise students off school grounds when they have caused them to be there such as while on field trips or extracurricular events. The schools are the nurseries of the citizens of the State. Each teacher is a trustee of the culture and educational heritage of the nation and is under obligation to transmit to learners such heritage as well as to elevate national morality, promote national pride, cultivate love of country, instill allegiance to the Constitution and respect for all duly constituted authorities, and promote obedience to the laws of the State (Article II, Section 1, Code of Ethics).

On Required Personnel Conduct Every teacher shall merit reasonable social recognition for which purpose he shall behave with honor and dignity at all times and refrain from such activities as gambling, smoking, drunkenness and other excesses, much less illicit relations (Article III, Section 3, Code of Ethics). A teacher shall maintain at all times a dignified personality which could serve as model worthy of emulation by learners, peers, and others (Article XI, Section 3, Code of Ethics). Furthermore, Section 74 of MRPS provides:

Every private school shall maintain good school discipline x xx. All school personnel, Academic or Non-Academic, have the duty to a) Teach discipline; b) Prevent intended misconduct from being committed; c) Stop a misconduct being committed; and d) Report to authorities students misconduct

Prohibited Conduct The school may, in its prerogative, delineate offenses in addition to those imposed by law and sanction appropriate disciplinary measures on its erring employees in order to maintain the schools standard and good standing. The following are examples that may be incorporated in the school manual for conduct of school employees: 1.) No corporal punishment of any kind will be tolerated. 2.) Any negligence on the part of a teacher, which causes unacceptable loss, damage or injury, shall be a breach of contract of service. 3.) No teacher shall perform unofficial duties or activities during school hours without permission from the head of his/her institution. 4.) No teacher shall trade or transact any private financial business on the school premises during school hour. 5.) No teacher shall engage in private and personal conversation during class period when he/she is expected to teach or to supervise children at work or play 6.) No teacher shall subject a pupil/student to any form of exploitative labour.

Defenses Article 2180, in relation to Article 2176, of the Civil Code provides that the employer of a negligent employee is liable for the damages caused by the latter. When an injury is caused by the negligence of an employee there instantly arises a presumption of the law that there was negligence on the part of the employer either in the selection of his employee or in the supervision over him after such selection. The presumption however may be rebutted by a clear showing on the part of the employer that it had exercised the care and diligence of a good father of a family in the selection and supervision of his employee. Hence, to escape solidary liability for quasi-delict committed by an employee, the employer must adduce sufficient proof that it exercised such degree of care (Baliwag Transit vs. Court of Appeals, et. al., G.R. No. 116624, September 1996). In the selection of prospective employees, employers are required to examine them as to their qualifications, experience and service records. With respect to the supervision of employees, employers must formulate standard operating procedures, monitor their

implementation and impose disciplinary measures for breach thereof. These facts must be shown by concrete proof, including documentary evidence (Victory Liner vs. Heirs of Malecdan, G.R. No. 154278, December 27, 2002). The school, whatever its nature, may be held to answer for the acts of its teachers or even of the head thereof under the general principles of respondeat superior, but then it may exculpate itself from liability by proof that it had exercised the diligence of a bonus paterfamilias (Amadora vs. Court of Appeals, et. al., G.R. No. L-47745, April 15, 1988).

In the Manner of Selection of Employees The employer may postulate its own set of qualifications for purposes of selecting its prospective employees. The CHED Memorandum Circular No. 40, S.2008 (Manual of Regulations for Private Higher Education of 2008) provides the following mandatory requirements: 1. The head of the school should have the following qualification: Must be a Filipino citizen; Possess at least a masters degree or professional license requiring at least a bachelors degree; Have adequate teaching experience, managerial competence and technical expertise in school management or background of demonstrated service and competence in his previous field of endeavor; and Of good moral character

2. Academic teaching personnel must have the following qualifications, experience and record of service: A bachelors degree in education, or equivalent, or a bachelors of arts, with additional number of professional education subjects as may be required , to teach largely in the major and minor fields of concentration

In order that the school may escape liability, it must prove by preponderance of evidence that it has exercise due diligence of a good father of a family in the selection of its employees. In other words, the prospective employee must satisfy all the necessary requirements before he/she can be admitted to employment.

In the Manner of Supervision of Employees It is not sufficient that the school exercise due diligence of a good father of a family in the selection of its employees. Such must necessarily concur with the same degree of diligence to be exercised by the employer in the supervision of its employees after selection in order that the school can absolve itself of liability from negligent acts of its employees.

Hence, the following regulatory provisions are appropriate to protect the school from potential liability: 1. Implementations of training programs on academic personnel are necessary to pursue higher formal studies in line with the approved programs of development of the school. This can be made by attending periodic seminars and lectures or comprehensive schooling to be guided by any advancement in the method of teaching in their own fields and to have continuous flow of legal education. 2. Corresponding disciplinary action is accorded for every violation of the schools rules and regulations and other standard operating procedures. The teacher in-charge of the student may be held directly responsible and may be suspended or terminated for any negligent act made. Such acts or omissions may be under the following: a. Late submission of grades; b. Frequent tardiness and absences; c. Any inattention given to its respective study load and assigned subjects; d. Lack of supervision on the acts of its students; e. Carelessness in making appropriate actions on cases of misbehavior of students during class hours, or during non-class hours when he/she is officially designated or appointed as school representative; f. Dishonesty, fraud, or willful breach of trust reposed in him by the school through its duly constituted authorities such as misappropriation of funds of students for a specified activity; g. Improper or unauthorized solicitation or collection of contributions from, or selling of tickets or materials, to students and school personnel; h. Any violation of reasonable school rules, or willful disobedience of a reasonable order of the school authorities in connection with his/her work. 3. Putting up applicable security measures such as the presence of adequate security force, i.e. security guards, in the school to uphold safety and security of the students and school authorities and to help the teachers physically enforce school rules and regulations upon the students to prevent any injury that may be committed by the later.

Submitted by: Bonafos, Lemuel John Minguez, Al Jason Salvatierra, Mary Rose Tambasen, Alora Mae Uy, Jameson