St Joseph College vs Miranda

November 28, 2018 | Author: KevinPR | Category: Negligence, Damages, Government, Politics, Justice
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St Joseph College vs Miranda Facts:  Jayson Val Miranda belonged was conducting a science experiment about fusion of  sulphur sulphur powder and iron llings llings under the tutelage tutelage of Rosalinda osalinda Tabug Tabugo, o, she being the subect teacher and employee of !J"#  Tabugo  Tabugo left her class# $n the middle of the experiment, Jayson%s classmates chec&ed the result of the experiment by loo&ing at the test tubes with a magnifying glass# 'ne of the group mates of Jayson held the tubes close to his eyes# (t that instance, the compound in the test spured out and se)eral particles of which hit Jayson in his left eye and some of the body parts of his group mates# (s a result of the incident, Jayson%s mother, who was wor&ing abroad had to come home, spending money for her fares and had to forego forego her salary# salary# Then, too, *Jayson+ and his parents suered sleepless nights, mental anguish and wounded feelings as a result of his inury due to fault and failure to exercise the degree of care and diligence incumbent upon each one of them# Thus, they should be held liable for moral damages# (lso, *Jayson+ sent a demand letter to *petitioners+ for the payment of his medical expenses as well as other expenses incidental incidental thereto, which the latter failed to heed# -ence, *Jayson+ was constrained to le the complaint complaint for damages# damages# *.etiti *.etitioner oners+, s+, therefor therefore, e, should should li&ewis li&ewise e compensat compensate e *Jayson+ for litigation expenses, including attorney%s fees#  .etitioners ma&e much of the fact that Tabugo specically instructed her students, including Jayson, at the start of the experiment, not to loo& into the heated test tube before the compound had cooled o# .etitioners would allocate all liability and place all blame for the accident on a twel)e /0123year3old student, herein respondent Jayson# $ssue: 456 the proximate cause of Jayson%s inury was due to his own negligence ma&ing !J" not liable for damages# -eld: 6o# (s found by both lower courts, the proximate cause of Jayson%s inury was the concurrent failure of petitioners to pre)ent the foreseeable mishap that occurred during the conduct conduct of the science science experim experiment# ent# .etitio .etitioners ners were negligen negligentt by failing failing to exerc exercise ise the higher degree of care, caution and foresight incumbent upon the school, its administrators and teachers#  (rticle 107 of the Family "ode, in relation to (rticle 1078 of the "i)il "ode, best bestow ows s spec specia iall par parenta entall auth author orit ity y on the the foll follow owin ing g pers person ons s with with the the corresponding corresponding obligation, thus: 9(rt# 107# The school, its administrators administrators and teachers, or the indi)idual, entity or institution engaged in child care shall ha)e special parental authority and responsibility responsibility o)er the minor child while under their super)ision, instruction or custody#

9(uthority and responsibility shall apply to all authoried acti)ities whether inside or outside the premises of the school, entity or institution#

9(rt# 1078# The obligation imposed by (rticle 10;< is demandable not only for one%s own acts or omissions, but also for those of persons for whom one is responsible# 9 =astly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody#> .etitioners negligence and failure to exercise the re?uisite degree of care and caution is demonstrated by the following: 0# .etitioner school did not ta&e a@rmati)e steps to a)ert damage and inury to its students although it had full information on the nature of dangerous science experiments conducted by the students during classA 1# .etitioner school did not install safety measures to protect the students who conduct experiments in classA B# .etitioner school did not pro)ide protecti)e gears and de)ices, specically goggles, to shield students from expected ris&s and dangersA and C# .etitioner Tabugo was not inside the classroom the whole time her class conducted the experiment, specically, when the accident in)ol)ing Jayson occurred# $n any e)ent, the sie of the class of fty /D82 students conducting the experiment is di@cult to monitor#

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