Romblon State University
Institute of Graduate Studies
Odiongan, Romblon

Reaction Paper No. 1
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Randy Arnaiz Musa Dr. Alfredo J. Fronda, Jr., Ph.D
May 20, 2016 Professor

Topic: Liability of the School for Student Injury Arising Out of Acts of Omissions of Teachers, Instructors, Professors, and School Officials: Some Legal Bases

It would be rare for a teacher to face criminal charges but it could happen if a teacher had an intention to harm or acted recklessly to a student. Factors affecting the teachers’ patience are the size of the enrollment in many of our educational institutions, academic and non-academic, as well as the temper, attitudes and often destructive activism of the students, to hold their teachers and/or the administrative heads of the schools directly liable for torts committed by them. In this topic, I learned about the principle of en loco parentis where teachers become surrogate parents of the students in the school. It marks the idea of automatically the teacher became responsible if the student suffers injury in school or in their period of time where the teacher is in charge of the class. I agreed on the argument that education authorities, school heads and teachers need to understand the law particularly on the school and teachers’ liability. The student injury arises from acts of omissions and negligence of teachers and what must be proved against them to at least reduce the potential for successful litigation by student’s parent. In our country, it is worth noting that almost all cases are settled out of court particularly on minor injuries. The teacher defendant accepts liability and agrees to pay the compensation conditional on the amicable settlement.
Moreover parents and students are more aware of their rights and it would seem by the increase in litigation more willing to pursue these rights through the process of court proceedings to recover compensation. A legal cause of action may arise in many instances if the teacher refuses to pay. It is therefore of great importance that teachers and school authorities are aware of how the law of negligence operates like the Civil Code and Family Code and what is acceptable and unacceptable practice because ignorance to the law, excuses no one.
In conclusion of the above argument and scenario where it became prevalent in the education sector and the absence of the corporal punishment, one thing a teacher or personnel can do when it comes to student discipline is to lengthen its patience. Discipline is essential in teaching but it should be according to law and norms so that untoward court proceedings could be avoided.