Saludaga V.S. Far Eastern University
553 SCRA 741
I. Facts:
It is the obligation of any college institution to provide a safe and secure environment for every student. As for the students, they have the obligation to give back the respect for their respective colleges and to excel and do well with the institution’s goals. Far Eastern University failed to comply with their obligation when a student of theirs, whose name is Joseph Saludaga was shot inside the campus by their security guard named Alejandro Rosete. The victim petitioned a case against FEU and Edilberto C. De Jesus, president of FEU. The University also failed to check the qualifications of the security guards hired through Galaxy, the third party which hires security guards for the university. From there, there are also complaints for Galaxy being the first employers of Rosete. It is also said that the safety of the university should not only be within the hands of the security guards. Damages are taken by Saludaga by surprised including physical and moral damages obtained from the said accidental shooting by Rosete who claimed that it was an accident.
II. Issues:
Whether Far Eastern University failed to comply with their obligation in implementing a safe and secure learning environment.
III. Held:
The court dismissed the the petitioner’s complaints for Edilberto C. De Jesus as well as the counterclaims of the respondents. The Regional Trial Court of Manila found FEU to be liable for the damages and a breach of their obligation to the petitioner. FEU was ordered to pay actual damage of 35,298.25, plus 6%interest per annum from the filing of the case until the finality of decision. After the execution, the rate shall be 12& per annum until its satisfaction. FEU was ordered to pay temperate damages in the amount of P20,000.00. Moral damage for P100,000.00, attorney’s fees and litigation expense for 50,000.00
Galaxy was and its presidents were ordered to jointly and severely pay the respondent FEU damages equivalent to the amount awarded to Saludaga.