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    FEU, Security Agency Held Liable For Shooting Incident Within Campus

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    edcarats
    The Supreme Court ordered Far Eastern University (FEU) and its security agency Galaxy Management to pay damages to a former FEU law student who was accidentally shot by a Galaxy security guard on campus. The Court found FEU liable for breaching its obligation to provide students a safe learning environment, as it failed to ensure the guards were properly qualified. Galaxy and its president were also ordered to pay damages for negligently selecting and supervising employees, as the guard who shot the student faced no sanctions and disappeared. The Court ruled universities cannot relinquish security matters entirely to outside agencies if it means abdicating the duty to ensure student safety.

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    FEU, Security Agency Held Liable For Shooting Incident Within Campus

    Uploaded by

    edcarats
    46 views1 page
    The Supreme Court ordered Far Eastern University (FEU) and its security agency Galaxy Management to pay damages to a former FEU law student who was accidentally shot by a Galaxy security guard on campus. The Court found FEU liable for breaching its obligation to provide students a safe learning environment, as it failed to ensure the guards were properly qualified. Galaxy and its president were also ordered to pay damages for negligently selecting and supervising employees, as the guard who shot the student faced no sanctions and disappeared. The Court ruled universities cannot relinquish security matters entirely to outside agencies if it means abdicating the duty to ensure student safety.

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    The Supreme Court ordered Far Eastern University (FEU) and its security agency Galaxy Management to pay damages to a former FEU law student who was accidentally shot by a Galaxy security guard on campus. The Court found FEU liable for breaching its obligation to provide students a safe learning environment, as it failed to ensure the guards were properly qualified. Galaxy and its president were also ordered to pay damages for negligently selecting and supervising employees, as the guard who shot the student faced no sanctions and disappeared. The Court ruled universities cannot relinquish security matters entirely to outside agencies if it means abdicating the duty to ensure student safety.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    46 views1 page

    FEU, Security Agency Held Liable For Shooting Incident Within Campus

    Uploaded by

    edcarats
    The Supreme Court ordered Far Eastern University (FEU) and its security agency Galaxy Management to pay damages to a former FEU law student who was accidentally shot by a Galaxy security guard on campus. The Court found FEU liable for breaching its obligation to provide students a safe learning environment, as it failed to ensure the guards were properly qualified. Galaxy and its president were also ordered to pay damages for negligently selecting and supervising employees, as the guard who shot the student faced no sanctions and disappeared. The Court ruled universities cannot relinquish security matters entirely to outside agencies if it means abdicating the duty to ensure student safety.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    FEU, Security Agency Held Liable for Shooting Incident within Campus

    By Jen T. Tuazon

    The Supreme Court has ordered Far Eastern University (FEU) and its security agency, Galaxy Management and
    Development Corporation (Galaxy), to pay damages to a former FEU law student  accidentally shot by one of the security
    guards on duty at the school premises.

    In a 13-page decision penned by Justice Consuelo Ynares-Santiago, the Supreme Court’s Third Division reversed and set
    aside the ruling of the Court of Appeals dismissing the complaint for damages filed by Joseph Saludaga against FEU and
    its former president Edilberto C. de Jesus for breach of the school’s obligation to provide students with a safe and secure
    learning atmosphere. The High Court found FEU liable to Saludaga for damages amounting to PhP205,298.25 under
    Article 1170 of the Civil Code, which penalizes those negligent in the performance of their obligations. De Jesus, on the
    other hand, was cleared of liabilities by the Court for being a separate and distinct personality from FEU. The Court ruled
    that corporate officers cannot be held personally liable for the liabilities of their corporation except under certain conditions
    which had not been established in the case.

    The Court held that FEU breached the school-student contract for negligence on its obligation to ensure and take
    adequate steps to maintain peace and order within the campus. It found that FEU had failed to undertake measures to
    ascertain and confirm that the security guards assigned in the campus possess the qualifications required in the Security
    Service Agreement between FEU and Galaxy.

    “A learning institution should not be allowed to completely relinquish or abdicate security matters in its premises to the
    security agency it hired. To do so would result to contracting away its inherent obligation to ensure a safe learning
    environment for its students,” the Court stressed.  

    The Court also ordered Galaxy and its president, Mariano D. Imperial, to jointly and severally pay FEU damages
    equivalent to the amount awarded to Saludaga for acts of negligence that resulted to FEU’s breach of obligation to its
    student. Galaxy was found negligent in the selection and supervision of its employees, as supported by the lack of
    administrative sanction against Alejandro Rosete, the security guard who shot Saludaga. Rosete, who was instead
    allowed to go on leave after the shooting incident, eventually disappeared.

    Imperial was held solidarily liable with Galaxy for being found grossly negligent in directing the affairs of the security
    agency. (GR No. 179337, Saludaga v. FEU, April 30, 2008)

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