Salvosa v.

Intermediate Appellate Court (1988)

Petitioners: Benjamin Salvosa (President and Chairman of the Board of Directors BCF) and
Baguio Colleges Foundation (BCF)
Respondents: IAC, Eduardo Castro, Virginia B. Castro and Rodolfo Castro
Concept: Persons liable; Teachers
Summary: Jimmy shot Napoleon while working for ROTC Unit located within BCF premises.
Court held that the school and its president cannot be held liable for damages as Jimmy was
no longer in their custody at the time of the shooting. A school is still in custody of the
student even if the latter is in recess. Recess is understood as a temporary adjournment of
school activities where the student still remains within call of his mentor and is not
permitted to leave the school premises, or the area within which the school activity is
conducted. Recess by its nature does not include dismissal.
FACTS:
1. BCF is both an academic institution and an institution of arts and trade as it also has a
full-fledged technical-vocational department offering Communication, Broadcast, and
Telytype Technician courses and Electronics Serviceman and Automotive Mechanics
courses
2. Within the premises of the BCF is an ROTC Unit (BCF Reserve Officers Training Corps Unit)
which is under the full control of the AFP
- BCF provided the ROTC Unit by way of accommodation to the AFP pursuant to a
Department Order by DepEd
3. Jimmy Abon is the duly appointed armorer
- Received appointment from AFP
- Not being an employee of BCF, he likewise received his salary from the AFP
4. One night (8:00 pm), in the parking space of BCF, Jimmy shot Napoleon Castro, a student
of the University of Baguio with an unlicensed firearm which the former took from the
armory of the ROTC Unit
5. Napoleon died and Jimmy was convicted of the crime of Homicide by Military Commission
6. Heirs of Napoleon sued for damages against Jimmy, Benjamin Salvosa (President and
Chariman of the BOD BCF), Jesus Salvosa (VP), Libertad Quetolio (Dean), and BCF
TC: Jimmy, Salvosa (President of BCF), and BCG jointly and severally liable for damages
IAC: Affirmed with modification. Reduced award for loss of earning capacity; increased
indemnity for death
- Teachers or heads of establishments for arts and trade are liable for damages for acts
or omissions of their students or apprentices while the latter remain in their custody,
including recess time
- Jimmy was not attending any class or school function at the time of the shooting
incident
- Considering that he was employed as an armorer and property custodian of BCF
ROTC, he must have been attending night classes and therefore that hour in the
evening was just about dismissal time for him or soon thereafter
- The time interval is safely within the recess time
7. Salvosa and BCF filed Petition for Review on Certorari

ISSUES:
1. WON Salvosa and BCF can be held solidarily liable with Jimmy for damages under Art.
2180, as a consequence of the tortious acts of Jimmy (NO)

2. WON a school which offers both academic and technical vocational courses cannot be
held liable for a tort committed by a student enrolled only in its Academic program
(Unnecessary to pass upon)
RATIO:
1. Salvosa anc BCF cannot be held solidarily liable with Jimmy for damages under Art. 2180,
as the latter was not within their custody and control when he shot Napoleon.
- Under Art. 2180, 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
o Rationale: so long as the student remains in the custody of the 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
o The phrase 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
o Jimmy was not in recess at the time of the shooting, hence BCF and its
President cannot be held liable because Jimmy was no longer under the custody
and control of the school
o A student not at attendance in school cannot be in recess thereat
at attendance in school contemplates a situation of temporary
adjournment of school activities where the student still remains within call of
his mentor and is not permitted to leave the school premises, or the area
within which 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 without more does not constitute "attending school" or
being in the "protective and supervisory custody" of the school, as
contemplated in the law.
o Before the shooting incident, Roberto B. Ungos ROTC Unit Commandant, AFP, had
instructed Jimmy "not to leave the office and [to keep the armory] well-guarded.
o Apart from negating a finding that Jimmy was under the custody of the school
when he committed the act for which the petitioners are sought to be held liable,
this circumstance shows that Jimmy was supposed to be working in the armory
with definite instructions from his superior, the ROTC Commandant, when he shot
Napoleon
o Jimmy cannot be considered to have been "at attendance in the school," or in the
custody of BCF, when he shot Napoleon. Logically, therefore, petitioners cannot
under Art. 2180 of the Civil Code be held solidarily liable with Jimmy B. Abon for
damages resulting from his acts.
2. Considering that Jimmy was not in the custody of BCF when he shot Napoleon, Court
deems it unnecessary to pass upon such other issue.