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Mindanao university ordered to close law programs

  The Legal Education Board (LEB) has ordered the Mindanao State University to close its law programs in all its campuses starting academic year 2025-2026 after it approved a resolution canceling MSU’s accreditation. The order stemmed from MSU’s refusal to recognize LEB’s supervisory authority and for asserting that it is not bound by the board’s orders, policies and guidelines on legal education. “The MSU is no longer authorized to offer the basic law program in the country,”  the LEB said. The board made permanent the cease and desist order it issued against MSU’s extension law programs on its campuses in Tawi-Tawi, Sulu and Maguindanao. It expressed concern over what it described as MSU’s “dismal” performance in the Bar examinations, noting the school’s passing rate since 2013 has been below the national passing percentage. Reacting to the LEB’s resolution, the MSU said it would continue to operate in accordance with its chapter passed by Congress in 1955. “The LEB cannot act no

S.A 2020/21 B.E CIVIL LAW | Question #5

 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #5 



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A 12-year-old seventh grade student living in the company of their parents brought a gun owned by the father to school. With it, the student shot a classmate who had been a bully.

The student missed, sparing the bully. The bully’s parents, incensed by the event, sued the parents of the 12-year-old seventh grade student for damages. The defendant parents moved to dismiss the suit claiming that they could never be held liable for damages since they did not shoot the bully themselves.

Should the motion to dismiss be granted on this ground? Explain briefly. 


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SUGGESTED ANSWER:

No, the motion to dismiss filed by the parents should not be granted. Under the Family Code, parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law (Family Code, Art. 221).

However, since the minor child of the defendant parents was under the special parental authority of the school, its administrators and teachers when the incident took place, it is the latter who should be principally and solidarily liable. Under the Family Code, if the delict or quasi-delict is committed by a minor child while he is under the special parental authority of the school, its administrators and teachers, it is the latter who should be principally and solidarily liable for damages while the parents and those exercising substitute parental authority are only subsidiarily liable. 


Code: S.A 2020/21 B.E CIVIL LAW | Question #5 


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