Mabuhay Elementary School organized a field trip for its Grade VI students in Fort Santiago, Manila Zoo, and Star City. To be able to join, the parents of the students had to sign a piece of paper that reads as follows:
“I allow my child (name of student), Grade – Section, to join the school’s field trip on February 14, 2014.
I will not file any claim against the school, administrator or teacher in case something happens to my child during the trip.”
Joey, a 7-year-old student of Mabuhay Elementary School was bitten by a snake while the group was touring Manila Zoo. The parents of Joey sued the school for damages. The school, as a defense, presented the waiver signed by Joey’s parents.
Was there a valid waiver of right to sue the school? Why? (4%)
Suggested answer only. Not an official answer and not legal advice.
No, there was no valid waiver of the right to sue the school. Under Article 6 of the Civil Code, rights may be waived, unless the waiver is contrary to law, public
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Quick check
Under Article 6 of the Civil Code, when is a waiver of legal rights considered void and unenforceable?
Article 6 provides that rights may be waived unless the waiver is contrary to law, public policy, or morals.
Under Article 218 of the Family Code, who exercises special parental authority over minor students during a school field trip?
Article 218 explicitly places special parental authority and responsibility on the school, administrators, and teachers.
Why is a waiver signed by parents barring any claim against a school for field trip injuries void under Philippine law?
The waiver is void because exempting a school from statutory parental responsibility for future negligence violates public policy.
What standard of diligence is required of school authorities exercising special parental authority over students?
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Can a school invoke a signed parental exculpatory liability waiver as a defense against a suit for damages arising from a student's injury?
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Learn more about these topics
1. Waiver of Rights
Under Article 6 of the Civil Code, rights may be waived, unless the waiver is contrary to law, public policy, morals, good customs, or public order, or prejudicial to a third person with a right recognized by law. Waivers of liability for future negligence are generally viewed with disfavor and declared void when they conflict with statutory duties or public interest. Consequently, a broad waiver that seeks to absolve a party from exercising due diligence required by law cannot produce legal effect.
2. Special Parental Authority
Under Article 218 of the Family Code, the school, its administrators, and teachers exercise special parental authority and responsibility over minor children while under their supervision, instruction, or custody. This authority applies to all authorized school activities, whether conducted inside or outside school premises, such as field trips. School authorities are bound to exercise the proper diligence of a good father of a family to protect students from harm and injury during these school-sponsored events.
3. Exculpatory Clause Invalidity
A waiver signed by parents releasing a school from liability for any incident that may occur during a field trip is void for being contrary to public policy. Such exculpatory clauses attempt to completely extinguish the statutory special parental authority and duty of care imposed on school authorities by law. Because public policy demands the protection of minors under school custody, parents cannot validly contract away the school's legal liability for future negligence or failure to exercise required diligence.