School's obligation to provide safe environment for students

Dear PAO,

My son was shot by the school's security guard. He sustained a wound and was rushed to the hospital. The guard said it was just an accident. Can we hold the school accountable for what happened to my child?

Rosie

Dear Rosie,

In Joseph Saludaga v. Far Eastern University and Edilberto C. De Jesus in his capacity as President of FEU (GR 179337, April 30, 2008, Ponente: Associate Justice Consuelo Ynares-Santiago), the Supreme Court discussed the school's obligation to its students, thus:

«In Philippine School of Business Administration v. Court of Appeals, we held that:

»When an academic institution accepts students for enrollment, there is established a contract between them, resulting in bilateral obligations which both parties are bound to comply with. For its part, the school undertakes to provide the student with an education that would presumably suffice to equip him with the necessary tools and skills to pursue higher education or a profession. On the other hand, the student covenants to abide by the school's academic requirements and observe its rules and regulations.

«Institutions of learning must also meet the implicit or 'built-in' obligation of providing their students with an atmosphere that promotes or assists in attaining its primary undertaking of imparting knowledge. Certainly, no student can absorb the intricacies of physics or higher mathematics or explore the realm of the arts and other sciences when bullets are flying or grenades exploding in the air or where there looms around the school premises a constant threat to life and limb. Necessarily, the school must ensure that adequate steps are taken to maintain peace and order within the campus premises and to prevent the breakdown thereof.

»xxx In the instant case, we find that, when petitioner was shot inside the campus by no less the security guard who was hired to maintain peace and secure the premises, there is a prima facie showing that respondents failed to comply with its obligation to provide a safe and secure environment to its students. xxx

«After a thorough review of the records, we find that respondents failed to discharge the burden of proving that they exercised