: 
..§rl11ltr 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
t@)Hl:t uf "/I.' .;?Ptrvt:Jr~ 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
AUG 29 P 5 :08 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
In the case of Exconde v. Capuno, I the Supreme Court ruled that the provision of Article 
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2180 of the Civil Code applies only to institutions of arts and trades and, therefore, the teachers 
and the heads of academic educational institutions cannot be held liable for the negligent acts of 
their students. 
There is no substantial ditTerence between institutions of arts and trades and academic 
educational institutions insofar as the proper supervision and vigilance over their pupils or 
students. Academic teachers are not exempt from the duty of watching over their students so they 
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 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 
~.... 4¥.~);wt:Pw 
. MIRIAM DEFI~SOR SANTIAiO 
'101 Phil 843 (1957). 
2 This bill was originally filed during the Thirteenth Congress, First Regular Session. 


~!?t1l1 t'l' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
t~Hltr 1Jf Hl¥ ~rrTplnr\t 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
AUG 29 P 5 :08 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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AMENDING ARTICLE 2180 OF REPUBLIC ACT NO. 386, OTHERWISE KNOWN AS 
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THE "CIVIL CODE OF THE PHILIPPINES," 
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TO INCLUDE ACADEMIC EDUCATIONAL INSTITUTIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION I. Article 2180 of Republic Act No. 386, otherwise known as the "Civil 
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Code of the Philippines," is hereby amended to read as follows: 
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"Article 2180. The obligation imposed by Article 2176 is demandable not 
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only for one's own acts or omissions, but also for those persons for whom one is 
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responsible. 
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The father, and in case of his death or incapacity, the mother is responsible 
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for the damages caused by the minor children who live in their company. 
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Guardians are liable for damages caused by the minors or incapacitated 
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persons who are under their authority and live in their company. 
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The owners and managers of an establishment or enterprise are likewise 
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responsible for damages caused by their employees in the service of the branches 
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in which the latter are employed or on the occasion of their function. 
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Employers shall be liable for the dam<lges caused by their employees and 
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household helpers acting within the scope of their assigned tasks, even though the 
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former are not engaged in any business or industry. 
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The State is responsible in like manner when it acts through a special 
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agent, but not when the damage has been caused by the official to whom the task 
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done properly pertains, in which case, what is provided in Article 2176 shall be 
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applicable. 


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