Psba vs ca gr no 84698
This includes ensuring the safety of the students while in the school premises. Articlein conjunction with Article of the Civil Code, establishes the rule in in loco parentis.
Psba vs ca 205 scra 729
Article , in conjunction with Article of the Civil Code, establishes the rule in in loco parentis. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. In other words, a contractual relation is a condition sine qua non to the school's liability. Ruling: NO. The appellate court found in their favor, primarily anchoring its decision on the law of quasi-delicts. Defendants a quo now petitioners sought to have the suit dismissed, alleging that since they are presumably sued under Article of the Civil Code, the complaint states no cause of action against them, as jurisprudence on the subject is to the effect that academic institutions, such as the PSBA, are beyond the ambit of the rule in the afore-stated article. It would not be equitable to expect of schools to anticipate all types of violent trespass upon their premises, for notwithstanding the security measures installed, the same may still fail against an individual or group determined to carry out a nefarious deed inside school premises and environs. CA affirmed. Quasi-delicts are extra-contractual; that is, it only arises when there is no prior contract between the parties of the case. Unfortunately, he was killed in a stabbing incident that occurred inside the school premises. It was established that his assailants were not members of the school's academic community but were elements from outside the school. Petitioners moved to dismiss the suit but were denied by the trial court. When an academic institution accepts students for enrollment, there is established a contract between them, resulting in bilateral obligations which both parties is bound to comply with.
During the proceedings a quo, Lt. Hence, this petition.
Taylor v manila railroad
The assailant is an outsider to the school. It would not be equitable to expect of schools to anticipate all types of violent trespass upon their premises, for notwithstanding the security measures installed, the same may still fail against an individual or group determined to carry out a nefarious deed inside school premises and environs. A perusal of Article shows that obligations arising from quasi-delicts or tort, also known as extra-contractual obligations, arise only between parties not otherwise bound by contract, whether express or implied. Hence, the case was forwarded to the Supreme Court. In effect, Air France is authority for the view that liability from tort may exist even if there is a contract, for the act that breaks the contract may be also a tort. In Air France vs. Court of Appeals, G.
Further proceedings are needed. Defendants now the petitioners filed a motion to dismiss, claiming that the complaint staes no cause of action against them based on quasi delicts, as the rule does not cover academic institutions.
Obviously, at this stage, only the trial court can make such a determination from the evidence still to unfold. Because the circumstances of the present case evince a contractual relation between the PSBA and Carlitos Bautista, the rules on quasi-delict do not really govern.
Air france vs carrascoso
Austro-America S. Their motion for reconsideration was likewise dismissed, and was affirmed by the appellate court. The law is not fixed and flexible sic ; it must be dynamic. It is noted, however, that the Court referred to the petitioner-airline's liability as one arising from tort, not one arising from a contract of carriage. Article provide that the damage caused or inflcted by students of educational institution sought to held liable for the acts of the students while in its custody. From the foregoing, it can be concluded that should the act which breaches a contract be done in bad faith and be violative of Article 21, then there is a cause to view the act as constituting a quasi-delict. And, even if there be a finding of negligence, the same could give rise generally to a breach of contractual obligation only.
based on 97 review