Palisoc vs. Brillantes

SPS. MOISES P. PALISOC v. ANTONIO C. BRILLANTES, GR No.
L-
29025, 1971-10-04
Facts:
"(T)he deceased Dominador Palisoc and the defendant Virgilio L.

Daffon were classmates, and on the... afternoon of March 10, 1966,
between two and three o'clock, they, together with another
classmate Desiderio Cruz were in the laboratory room located on the
ground floor.
At that time the classes were in recess.
Desiderio Cruz and Virgilio L. Daffon were working on a machine

while Dominador Palisoc was merely looking on at them.
Daffon made a remark to the effect that Palisoc... was acting like a
foreman.
Because of this remark Palisoc slapped slightly Daffon on the face.
Daffon, in retaliation, gave Palisoc a strong flat blow on the face,

which was followed by... other fist blows on the stomach. Palisoc
retreated apparently to avoid the fist blows, but Daffon followed him
and both exchanged blows until Palisoc stumbled on an engine block
which caused him to fall face... downward.
Palisoc became pale and fainted. First aid was administered to him
but he was not revived, so he was immediately taken to a hospital.
He never regained consciousness; finally he... died.
The trial court, however, absolved from liability the three other
defendants-officials of the Manila Techanical Institute
In the opinion of the Court, this article of the Code is not applicable
to the case at bar, since this contemplates the situation where the
control or influence of the teachers and heads of school
establishments over the conduct and actions of the pupil
supersedes... those of the parents.
Issues:
Plaintiffs' appeal raises the principal legal question that under the
factual findings of the trial court, which are now beyond review, the
trial court erred in absolving the defendants-school officials instead
of holding them jointly and severally liable as... tortfeasors, with
defendant Daffon, for the damages awarded them as a result of their
son's death.
Ruling:
1. The lower court absolved defendants-school officials on the
ground that the provisions of Article 2180, Civil Code, which
expressly hold "teachers or heads of establishments of arts and
trades ... liable for damages caused by their pupils and students...
and apprentices, so long as they remain in their custody", are not
applicable to the case at bar, since "there is no evidence that the
accused Daffon [who inflicted the fatal fist blows[6] lived and
boarded with his... teacher or the other defendants-officials of the
school.
The lower court based its legal conclusion expressly on the Court's
dictum in Mercado vs. Court of Appeals
The dictum in Mercado was based in turn on another dictum in the

earlier case of Exconde vs. Capuno
2. The case at bar was instituted directly against the school

officials and squarely raises the issue of liability of teachers and
heads of schools under Article 2180, Civil Code, for damages caused
by their pupils and students against fellow students on... the school
premises.
No liability attaches to defendant Brillantes as a mere member of the

school's board of directors.
The school... itself cannot be held similarly liable, since it has not
been properly impleaded as party defendant.
3. The rationale of such liability of school heads and teachers for

the tortious acts of their pupils and students, so long as they remain
in their custody, is that they stand, to a certain extent, as to their
pupils and students, in loco... parentis and are called upon to
"exercise reasonable supervision over the conduct of the child."
4. As tersely summarized by Mr. Justice J. B. L. Reyes in his

dissenting opinion in Exconde, "the basis of the presumption of
negligence of Art. 1903 [now 2180] is some culpa in vigilando that
the... parents, teachers, etc. are supposed to have incurred in the
exercise of their authority"
5. The lower court therefore erred in law in absolving defendants-

school officials on the ground that they could be held liable under
Article 2180, Civil Code, only if the student who inflicted the fatal fist
blows on his classmate and victim "lived and... boarded with his
teacher or the other defendants officials of the school." As stated
above, the phrase used in the cited article -- "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. There is nothing in
the law that requires that for such liability to attach, the pupil or
student who commits the tortious act must... live and board in the
school, as erroneously held by the lower court, and the dicta in
Mercado (as well as in Exconde) on which it relied, must now be
deemed to have been set aside by the present decision.
6. Defendants Valenton and Quibulue as president and teacher-in-

charge of the school must therefore be held jointly and severally
liable for the quasi-delict of their co-defendant Daffon in the latter's...
having caused the death of his classmate, the deceased Dominador
Palisoc.
The unfortunate death resulting from the fight between the

protagonists-students could have been avoided, had said defendants
but complied with their duty of... providing adequate supervision over
the activities of the students in the school premises to protect their
students from harm, whether at the hands of fellow students or other
parties.
7. Plaintiffs-appellees' contention that the award of P6,000.00 as

indemnity for the death of their son should be increased to
P12,000.00 as set by the Court in People vs. Pantoja,[15] and
observed in all death indemnity cases thereafter is well taken.
8. Plaintiffs-appellees' other claims on appeal that the lower court

should have awarded exemplary damages and imposed legal interest
on the total damages awarded, besides increasing the award of
attorney's fees all concern matters that are... left by law to the
discretion of the trial court and the Court has not been shown any
error or abuse in the exercise of such discretion on the part of the
trial court.
Decisive here is the touchstone provision of Article 2231,... Civil

Code, that 'In quasi-delicts, exemplary damages may be granted if
the defendant acted with gross negligence."
ACCORDINGLY, the judgment appealed from is modified
Principles:
The lower court therefore erred in law in absolving defendants-school

officials on the ground that they could be held liable under Article
2180, Civil Code, only if the student who inflicted the fatal fist blows
on his classmate and victim "lived and... boarded with his teacher or
the other defendants officials of the school." As stated above, the
phrase used in the cited article -- "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. There is nothing in the law that requires that
for such liability to attach, the pupil or student who commits the
tortious act must... live and board in the school, as erroneously held
by the lower court, and the dicta in Mercado (as well as in Exconde)
on which it relied, must now be deemed to have been set aside by
the present decision.

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SPS. MOISES P. PALISOC v. ANTONIO C. BRILLANTES, GR No.

"(T)he deceased Dominador Palisoc and the defendant Virgilio L.

At that time the classes were in recess.

Desiderio Cruz and Virgilio L. Daffon were working on a machine

Because of this remark Palisoc slapped slightly Daffon on the face.

Daffon, in retaliation, gave Palisoc a strong flat blow on the face,

The dictum in Mercado was based in turn on another dictum in the

2. The case at bar was instituted directly against the school

No liability attaches to defendant Brillantes as a mere member of the

3. The rationale of such liability of school heads and teachers for

4. As tersely summarized by Mr. Justice J. B. L. Reyes in his

5. The lower court therefore erred in law in absolving defendants-

6. Defendants Valenton and Quibulue as president and teacher-in-

The unfortunate death resulting from the fight between the

7. Plaintiffs-appellees' contention that the award of P6,000.00 as

8. Plaintiffs-appellees' other claims on appeal that the lower court

Decisive here is the touchstone provision of Article 2231,... Civil

ACCORDINGLY, the judgment appealed from is modified

The lower court therefore erred in law in absolving defendants-school

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