Requisites to sustain the liability of school authorities over the students

[Amadora v. CA, G.R. No. L-47745 (1988)] As long as it can be shown that the
student is in the school premises in pursuance of a legitimate student objective,
in the exercise of a legitimate student right, and even in the enjoyment of a
legitimate student right, and even in the enjoyment of a legitimate student
privilege, the responsibility of the school authorities over the student continues.
Indeed, even if the student should be doing nothing more than relaxing in the
campus in the company of his classmates and friends and enjoying the ambience
and atmosphere of the school, he is still within the custody and subject to the
discipline of the school authorities under the provisions of Article 2180.

3. Owners and Managers of Establishments

Requisites to sustain the liability [Art. 2180(4), NCC]

a. Damages were caused by their employee

b. Such occurred in service of the branches in which they are employed, or
on the occasion of their functions.

NOTE: Liability does not extend when strangers commit unauthorized acts which
cause damages to others.

4. Employers

What must be established for vicarious liability:

1. Existence of an employer-employee relationship between company and

tortfeasor, and
2. Tortious act had been committed while the tortfeasor was acting within the
scope of his assigned task [Reyes v. Doctolero, G.R. No. 185597 (2017)].

Although the employer is not the actual tortfeasor, the law makes him vicariously
liable on the basis of the civil law principle of pater familias for failure to
exercise due care and vigilance over the acts of one’s subordinates to prevent
damage to another [Reyes v. Doctolero, supra].

5. State

General Rule: Fault or negligence cannot be presumed on the part of the state in
the organization of branches of the public service and in the appointment of its
agents

Exception: The State’s responsibility in a damage case is limited to instances

wherein it acts through a special agent, duly empowered by a definite order or
commission to perform some act or charged with some definite purpose which
gives rise to the claim
The State's agent, if a public official, must not only be specially commissioned to
do a particular task but that such task must be foreign to said official's usual
governmental functions. If the State’s agent is not a public official, and is
commissioned to perform non- governmental functions, then the State assumes
the role of an ordinary employer and will be held liable as such for its agent’s tort