Benjamin Salvosa v. The Intermediate Appellate Court

Summary

This case involves the vicarious liability of an educational institution under Article 2180 of the Civil Code. The heirs of Napoleon Castro sued Baguio Colleges Foundation for damages after Jimmy B. Abon, an ROTC armorer, shot and killed Castro using a firearm from the school's armory. The trial court and appellate court held the school liable, reasoning that Abon was still under the school's custody. However, the Supreme Court reversed, establishing that Article 2180's vicarious liability only applies when students are 'at attendance in the school' and under the institution's protective and supervisory custody. Since Abon was not attending classes and the incident occurred at dismissal time, not during recess, the school could not be held vicariously liable. The decision clarifies the scope of institutional liability for student acts and the meaning of 'custody' under Article 2180.