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Prepared by: Ms. Shiela C. Ejurango
 SCHOOL LIABILITY

● School liability refers to the legal responsibility that a school or educational

institution has for any harm or damage caused to students, staff, or visitors
on their premises.
● School liability is to ensure that schools provide a safe and secure
environment for all individuals who enter their premises.

RATIONAL
E
 SCHOOL LIABILITY
● Protect students, staff, and visitors from harm: By establishing liability,
schools are motivated to take all necessary measures to prevent accidents
and injuries on their premises.
● Promote accountability: Schools have a duty of care to provide a safe
environment for students, staff, and visitors. Liability ensures that they are
held accountable if they fail to meet this duty of care.
● Encourage prevention: Liability motivates schools to put in place measures
to prevent accidents and injuries from occurring in the first place.

OBJECTIV
ES
 SCHOOL LIABILITY
● Ensure that schools take necessary measures to provide a safe and secure
environment for their students, staff, and visitors.
● Hold schools accountable for any harm or damage caused on their premises.
● Encourage schools to adopt best practices and preventive measures to
minimize the risk of accidents and injuries.
● Provide a legal framework for individuals who have been harmed on school
premises to seek compensation for damages incurred.

GOALS
Republic Act No. 10533, or the Enhanced
Basic Education Act of 2013,

requires schools to ensure the safety and security of students while they
are in school or participating in school-related activities. This includes
providing adequate supervision and taking necessary precautions to
prevent accidents or injuries. Schools can be held liable for any harm
or injury that a student sustains while under their care.
DepEd Order No. 40, s. 2012, or the Child
Protection Policy,

mandates all schools to establish and implement child protection policies

and protocols to safeguard the welfare of students from all forms of
abuse, violence, exploitation, discrimination, bullying, and other
forms of harmful conduct. Schools are held accountable for any
violation of the child protection policy, and appropriate sanctions are
imposed on those found guilty.
Republic Act No. 8049, or the Anti-Hazing
Law,

prohibits all forms of hazing in fraternities, sororities, and other

organizations. Schools are required to take measures to prevent hazing
and other forms of initiation rites that endanger the lives, health, or
safety of students. Schools can be held liable if they fail to prevent
hazing or if they knowingly allow hazing to occur on their premises.
DepEd Order No. 88, s. 2010, or the Policy
Guidelines on Classroom Assessment for
the K to 12 Basic Education Program,

provides guidelines on the conduct of classroom assessments in all public

and private schools. Schools are responsible for ensuring that their
assessment practices are valid, reliable, fair, and aligned with the
learning goals and objectives of the curriculum. Schools can be held
liable for any discriminatory or unfair assessment practices that affect
the academic performance or psychological well-being of students.
 NEGLIGENCE CLAIMS

● Schools can be held liable for injuries or

Republic Act No. 9155,
otherwise known as the
Governance of Basic
Education Act of 2001.
This law mandates that every
school shall provide a safe and
healthy environment for
teaching and learning.
damages suffered by students if they were
negligent in their duty to provide a safe
learning environment. For example, if a
student is injured while playing on defective
playground equipment, the school could be
held liable for failing to properly maintain
the equipment.
 BULLYING AND HARASSMENT
● Schools can be held liable for incidents of
bullying and harassment that occur on
school grounds or at school-sponsored
events. If a school fails to take appropriate
measures to prevent or address bullying and
harassment, it could be held liable for any
resulting harm suffered by the victim.
Anti-Bullying Act of 2013
or Republic Act No.
10627.
This law requires all elementary and secondary
schools to adopt policies and programs to
prevent and address bullying and other forms of
violence or aggression. It also provides for the
rights and responsibilities of students, parents,
school personnel, and law enforcement agencies
in dealing with bullying incidents.
 SPECIAL EDUCATION

● Schools are required by law to provide

Republic Act No. 7277 and appropriate educational services to students
DepEd policies with disabilities. If a school fails to provide
necessary accommodations or services, it
could be held liable for discrimination.
mandate that educational institutions
provide appropriate educational services to
students with disabilities, including
reasonable accommodation and support
services. Failure to do so may be
considered discrimination, and the
institution may be held liable for such.
 FIELDTRIP AND EDUCATIONAL
ACTIVITIES
● Schools can be held liable for injuries or
damages that occur during field trips or
other extracurricular activities that are
sponsored by the school. If the school failed
to take reasonable precautions to ensure the
safety of students during such activities, it
could be held liable for any resulting harm.
DepEd Order No. 44, s. 2008 or
the "Guidelines on the Conduct of
Off-Campus Activities," and
DepEd Order No. 66, s. 2017 or
the "Child Protection Policy."
These policies emphasize the responsibility of schools
to ensure the safety and welfare of students during
extracurricular activities and require schools to
conduct risk assessments and take appropriate
measures to manage potential hazards. They also
require schools to obtain prior written consent from
parents or guardians and to provide adequate
supervision and medical support during the activity.
 TEACHER MISCONDUCT

Republic Act No. 7610 or the ● Schools can be held liable for incidents
"Special Protection of
Children Against Abuse,
of misconduct by teachers, such as
Exploitation and sexual harassment or physical abuse of
Discrimination Act" students. If a school fails to take
is a law in the Philippines that
appropriate action to address such
addresses child abuse, exploitation, and misconduct, it could be held liable for
discrimination. It provides for the any harm suffered by the victim.
protection of children, including
protection from sexual abuse and
exploitation.
 BIBLICAL PERSPECTIVE
"Every teacher should realize that he is a servant of God, employed in a most
sacred work. He should be a Christian gentleman, kind, patient, forbearing, yet firm
and vigilant, seeking to win souls, and molding the characters of his pupils after the
divine Pattern." (Education, p. 267)

"It is the duty of every teacher, in every school, to guard the physical, mental, and
moral health of his pupils, and to give them such instruction and discipline as will fit
them for the duties and responsibilities of life." (Counsels to Teachers, Parents, and
Students, p. 121)

"It is the duty of parents and teachers to co-operate in educating the young. Both
should aim to cultivate the powers of body, mind, and soul, that the children may be
fitted for the duties of life, and for the service of God." (Education, p. 225)