THIRTEENTH CONGRESS OF THE REPUBLIC) 
) 
'04 
JUL 30 P2 5 8  
OF THE PHILlPPINES 
First Regular Session 
) 
S E N A T E  
c= -3 
S.B. No. 
1570 
Introduced by Senator Miriam Defensor Santiago 
;,' 
EXPLANATORY NOTE 
In the case of Exconde vs. 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, 
be held liable for 
therefore, the teachers and the head of academic educational institution ca,nnot 
I 
the negligent acts of its students. 
There is no substantial difference between institution of arts and trades and academic 
educational institutions in so far 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 o f  former 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. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHLIPPINES 
) 
First Regular Session 
) 
' S.B. No. 
E N A  5370 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING THE CIVIL CODE OF THE PHILIPPINES 
(REPlJE%IC ACT NO. 3861, ARTICLE 21 80 
Be it enacted by the Senate aiid the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 2180 of the Civil Code of the Philippines (Republic Act no. 386), 
l 
is hereby amended to read as follows: 
Article 2180. The obligation imposed by Article 2176 is demandable not 
only for one's own acts or omissions, but also for those persons for whom one is 
responsible. 
The father, and in case of his death or incapacity, the mother is responsible 
for the damages caused by the minor children who live in their company. 
Guardians are liable for damages caused by the minors or incapacitated 
persons who are under their authority and live in their company. 
The owners and managers of an establishment or enterprise are likewise 
responsible for damages caused by their employees in the service of the branches 
in which the latter are employed or on the occasion of their function. 
Employers shall be liable for the damages caused by their employees and 
household helpers acting within the scope of their assigned tasks, even though the 
former are not engaged in any business or industry 


The State is responsible in like manner when it acts through a special 
agent, but not when the damage has been caused by the official to whom the task 
done properly pertains, in which case, what is provided in Article 2176 shall be 
applicable. 
Lastly, teachers or heads of establishments of arts and trades OR 
ACADEMIC EDUCATIONAL INSTITUTIONS shall be liable for damages 
caused by their pupils and students or apprentices, so long as they remain in their 
custody. 
The responsibility treated of in this article shall cease when the persons 
herein mentioned prove that they observed all the diligence of a good father of a 
family to prevent damage. 
SECTION 2. Separability Clause. - If any provision or part thereof, i s  held invalid or 
unconstitutional, the reminder o f t he :1 aw o f t he provision not otherwise affected shall remain 
valid and subsisting. 
i 
SECTION 3. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary t 0, or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
SECTION4. Efectiviity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved. 
FN: 696 .IPS