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Civil Law

Doctrine of Special Parental Authority and School Liability for Student Safety

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What is the doctrine of special parental authority?

Under Article 218 of the Family Code of the Philippines, the school, its administrators, and teachers exercise special parental authority and responsibility over minor children while under their supervision, instruction, or custody.

When does this authority apply?

Special parental authority applies to all authorized activities inside or outside the premises of the school, college, or university, including field trips, seminars, and school-sponsored events.

What is the nature of the school's liability?

The school, administrators, and teachers are principally and solidarily liable for damages caused by the acts or omissions of the minor child while under their supervision.

How can the school or teachers defend against liability?

They can avoid liability by proving that they observed the diligence of a good father of a family (bonos paterfamilias) to prevent the damage.

Are parents still liable when special parental authority applies?

Under the Family Code, the parents' liability is secondary to that of the school, administrators, and teachers during school hours and authorized school activities.

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