FEDERICO YLARDE VS.

EDGARDO AQUINO AND MAURO SORIANO,

GR NO. L-33722, JULY 29, 1988

FACTS: In 1963, private respondent Mauro Soriano was the principal of the
Gabaldon Primary School while another private respondent, Edgardo Aquino was a
teacher thereon. At that time, the school had several concrete blocks which were
remnants of the old school shop that was destroyed in World War II. Since the huge
stones pose serious hazards to the schoolchildren, Aquino gathered 18 of his male
pupils, aged 10 to 11, and ordered them to dig beside a 1-ton concrete block to make a
hole where they can bury the stones. The work was left unfinished. The next day,
Aquino called 4 pupils - Reynaldo Alonso, Francisco Alcantara, Ismael Abaga and
Novelito Ylarde – to complete the excavation. Aquino then left the children to level
the loose soil around the open hole while he went away to get some rope. Before
leaving the children, Aquino allegedly told them "not to touch the stone." As soon as
Aquino left, the children playfully jumped into the pit, however, the huge concrete
block continued to slide down towards the opening. The other three children were
able to scramble out of the excavation on time but unfortunately for Ylarde, the
concrete block caught him before he could get out, pinning him to the wall in a
standing position. As a result, Ylarde sustained serious physical injuries and died 3
days later. Ylarde's parents filed a suit for damages against Aquino and Soriano. The
lower court dismissed the complaint on the following grounds: (1) that the digging
done by the pupils is in line with their course called Work Education; (2) that Aquino
exercised the utmost diligence of a very cautious person; and (3) that the demise of
Ylarde was due to his own reckless imprudence. CA affirmed. Petitioners base their
action against Aquino on Article 2176 of the Civil Code for his alleged negligence that
caused their son's death while the complaint against Soriano as the head of school is
founded on Article 2180.

ISSUE: Can both private respondents teacher Aquino and principal Soriano be held
liable for damages?

DECISION: As regards principal Soriano, he cannot be made responsible for the

death of the child Ylarde, since he is the head of an academic school and not of a
school of arts and trades. As held in Amadora vs. CA, it is only the teacher and not the
head of an academic school who should be answerable for torts committed by their
students. In other words, teachers in general shall be liable for the acts of their
students except where the school is technical in nature, in which case it is the head
thereof who shall be answerable. Hence, Soriano as principal cannot be held liable for
the reason that the school he heads is an academic school and he did not give any
instruction regarding the digging.

In Aquino’s case, he can be held liable for being negligent in his supervision over
them and his failure to take the necessary precautions to prevent any injury on their
persons. Aquino acted with fault and gross negligence when he failed to avail himself
of services of adult manual laborers. The negligent act of private respondent Aquino
in leaving his pupils in such a dangerous site has a direct causal connection to the
death of the child Ylarde. Left by themselves, it was but natural for the children to
play around. Since the stone was so heavy and the soil was loose from the digging, it
was also a natural consequence that the stone would fall into the hole beside it,
causing injury on the unfortunate child caught by its heavy weight. The child Ylarde
would not have died were it not for the unsafe situation created by Aquino which
exposed the lives of all the pupils concerned to real danger. Furthermore, the
excavation should not be placed in the category of Work Education like school
gardening, planting trees, and the like as these undertakings do not expose the
children to any risk that could result in death or physical injuries. A simple warning
as "not to touch the stone" is not sufficient to cast away all the serious danger that a
huge concrete block adjacent to an excavation would present to the children.
Moreover, a teacher who stands in loco parentis to his pupils would have made sure
that the children are protected from all harm in his company. Were it not for his
gross negligence, the unfortunate incident would not have occurred. As a
consequence, respondent Edgardo Aquino is ordered to pay petitioners the following:
(1) Indemnity for the death of Child Ylarde P30,000.00; (2) Exemplary damages
10,000.00; and (3) Moral damages 20,000.00.