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Contract
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Contract
the death of Carlitos Bautista, a third year commerce student who was stabbed while
on the premises of PSBA by elements from outside the school. Private respondents are
suing under the law on quasi-delicts alleging the school and its officers’ negligence,
recklessness and lack of safety precautions before, during, and after the attack on the
victim. Petitioners moved to dismiss the suit but were denied by the trial court. CA
affirmed.
Ruling: NO. Because the circumstances of the present case evince a contractual
relation between the PSBA and Carlitos Bautista, the rules on quasi-delict do not really
govern. A perusal of Article 2176 shows that obligations arising from quasi-delicts or
tort, also known as extra-contractual obligations, arise only between parties not
otherwise bound by contract, whether express or implied.
In the circumstances obtained in the case at bar, however, there is, as yet, no finding
that the contract between the school and Bautista had been breached thru the former’s
negligence in providing proper security measures. This would be for the trial court to
determine. And, even if there be a finding of negligence, the same could give rise
generally to a breach of contractual obligation only.