f'~f.l"·d~T t. 
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':t:r:ri'C·rAJiV 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
1 (l 
{ILIt, -2 /\9:ft7 
SENA.T..f: 
S. No. 
~~11 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
In the case of Exconde v. Capuno, 101 Phil 843, the Supreme Court ruled that the 
provision of Article 2180 of the Civil Code applies only to institutions of arts and trades and, 
therefore, the teachers and the head of academic educational institution cannot be held liable for 
the negligent acts of its students. 
There is no substantial difference between institution of arts and trades and academic 
educational institutions insofar as concerns the proper supervision and vigilance over their pupils 
or students. Academic teachers are not exempt from the duty of watching that their students do 
not commit a tort to the detriment of third persons, so long as they are in the position to exercise 
authority and supervision over their students. 
Considering the dissenting opinion of fonner Justice J.B.L. Reyes and the proliferation of 
not only institutions of arts and trade but also academic education institutions, there would be no 
sound reason for limiting Article 2180 of the Civil Code to teachers of arts and trades only. 
Hence, this bill seeks to include academic educational institutions under the coverage of Article 
2180.' 
• This bill was originally filed dming the Thirteenth Congress, First Regular Session. 


~EN I\T[ 
O!'''ICf. Of I'J".'U;ncrAHV 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
1['l 
,~LI\; -? A 9 :1,7 
SENAIE 
S. No. 
2~11 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
AMENDING REPUBLIC ACT NO. 386, OTHERWISE KNOWN AS THE CIVIL CODE, 
3 
ARTICLE 2180, TO INCLUDE ACADEMIC EDUCATIONAL INSTITUTIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
4 
SECTION 1. Article 2180 of Republic Act No. 386, otherwise known as the Civil Code 
5 
of the Philippines is hereby amended to read as follows: 
6 
"Article 2180. The obligation imposed by Article 2176 is demandable not 
7 
only for one's own acts or omissions, but also for those persons for whom one is 
8 
responsible. 
9 
The father, and in case of his death or incapacity, the mother is responsible 
10 
for the damages caused by the minor children who live in their company. 
11 
Guardians are liable for damages caused by the minors or incapacitated 
12 
persons who are under their authority and live in their company. 
13 
The owners and managers of an establishment or enterprise are likewise 
14 
responsible for damages caused by their employees in the service of the branches 
15 
in which the latter are employed or on the occasion of their function. 
16 
Employers shall be liable for the damages caused by their employees and 
17 
household helpers acting within the scope of their assigned tasks, even though the 
18 
former are not engaged in any business or industry. 
19 
, The State is responsible in like manner when it acts through a special 
20 
agent, but not when the damage has been caused by the official to whom the task 
21 
done properly pertains, in which case, what is provided in Article 2176 shall be 
22 
applicable. 


1 
Lastly, teachers or heads of establishments of arts and trades OR 
2 
ACADEMIC EDUCATIONAL INSTITUTIONS shall be liable for damages 
3 
caused by (heir pupils and students or apprentices, so long as they remain in their 
4 
custody. 
5 
The responsibility treated of in this article shaH cease when the persons 
6 
herein mentioned prove that they observed aH the diligence of a good father of a 
7 
family (0 prevent damage." 
8 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
9 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
10 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
11 
SECTION 3. Effectivity Clause. - This Act shaH take effect fifteen (15) days after its 
12 
publication in at least two (2) newspapers of general circulation. 
Approved, 
2