Joseph Saludaga vs.

Far Eastern University

G.R. No. 179337, YNARES-SANTIAGO, 2008-04-30

A law student sues his university for damages after being shot by a security guard
on campus, claiming that the university failed to provide a safe learning
environment; the court finds the university liable for breach of contract and orders
them to pay damages to the student.

Facts:
- Petitioner Joseph Saludaga was a sophomore law student of respondent Far
Eastern University (FEU).
- On August 18, 1996, Saludaga was shot by Alejandro Rosete, one of the security
guards on duty at the school premises.
- Saludaga was rushed to FEU-Dr. Nicanor Reyes Medical Foundation (FEU-
NRMF) for treatment.
- Rosete explained that the shooting was accidental and was eventually released as
no formal complaint was filed against him.
- Saludaga filed a complaint for damages against FEU, alleging that they breached
their obligation to provide a safe and secure environment for students.
- FEU filed a Third-Party Complaint against Galaxy Development and
Management Corporation (Galaxy), the agency contracted by FEU for security
services, and Mariano D. Imperial, Galaxy's President, to indemnify them for any
damages awarded to Saludaga.
- Galaxy and Imperial filed a Fourth-Party Complaint against AFP General
Insurance.

Issue/s:
- Whether FEU is liable for damages for the shooting incident and breach of their
obligation to provide a safe and secure educational environment.
- Whether Rosete, the security guard who shot Saludaga, is considered an
employee of FEU.
- Whether FEU exercised due diligence in selecting Galaxy as the security agency.

Ruling:
- The Court of Appeals reversed the trial court's decision and dismissed Saludaga's
complaint against FEU.
- The Supreme Court granted the petition for review and reversed the decision of
the Court of Appeals.
- FEU is held liable for damages for breaching their obligation to provide a safe
and secure learning environment.
- Galaxy and its president, Mariano D. Imperial, are held jointly and severally
liable with FEU for the damages awarded to Saludaga.

Ratio:
- When an academic institution accepts students for enrollment, a contract is
established between them, resulting in bilateral obligations. The school undertakes
to provide education and a safe learning environment, while the student covenants
to abide by the school's rules and regulations.
- FEU failed to prove that they exercised due diligence in providing a safe learning
environment. They did not ensure that the security guards assigned to the campus
met the requirements stipulated in the Security Service Agreement. FEU relied
solely on the security agency and did not check the qualifications of the guards,
which is negligence on their part.
- The defense of force majeure cannot be invoked by FEU because they failed to
prove that no negligence or misconduct was committed that may have caused the
shooting incident.
- FEU is liable to Saludaga for actual damages, moral damages, temperate
damages, and attorney's fees. The interest rate for the actual damages is 6% per
annum until the finality of the decision, and 12% per annum thereafter until its
satisfaction.
- Galaxy and its president, Mariano D. Imperial, are held jointly and severally
liable with FEU for the damages awarded to Saludaga due to their negligence in
the selection and supervision of their employees.

Vicarious liability of teachers, administrators and schools.