Ylarde v.

Aquino
Topic: Good Father of a Family
A. Children
FACTS:
Soriano- School principal
Aquino and Banez- teachers in the school.
NovelitoYlarde- student [deceased]

His parents filed a suit for damages against Aquino and

Soriano, the principal, but the RTC dismissed the
complaint for the following reasons:
- Digging done is in line with Work Education subject
- Aquino exercised the utmost diligence of a very
cautious person
- Ylardes death was due to his own reckless
imprudence

Gabaldon Primary School, an academic school, was littered

with several huge concrete blocks [around one ton each]
which were remnants of an old school shop which was
destroyed in WWII.

CA affirmed RTC. Petitioners base their action against

Aquino [teacher] on NCC 2176 for his alleged negligence
that caused Ylardes death, while the action against the
principal was based on NCC 2180.

Banez [teacher] realized that these stones were huge

hazards so he started burying them, and he was able to
bury 10 blocks by himself.

ISSUE: W/N Aquino and Soriano should be held liable for

negligence

A fellow teacher Aquino decided to help, so he gathered 18

students and ordered them to dig a hole where a 1-ton
stone could be buried.
The following day, he called 4 of these students, one of
which is Ylarde, to continue digging. When the hole was 1m
40cm deep, Aquino alone continued digging while the
students remained inside the pit, throwing out loose soil.
They got out of the hole when the depth was right.

HELD: YES. The petition GRANTED. Aquino, the teacher, to

pay petitioners the following:
(1) Indemnity for the death of Child Ylarde P30, 000.00
(2) Exemplary damages 10,000.00
(3) Moral damages 20,000.00
Soriano, the principal, not held liable.
RATIO:

Aquino left the children to level the loose soil around the
hole because he went to see Banez (who was 30 meters
away) to borrow the key to the school workroom to get a
rope. He allegedly told the children not to touch the stone.
After Aquino left, the kids jumped inside the pit, Ylarde
included. One of them jumped on top of the block, causing it
to slide downwards. Two were able to get out but Ylarde
wasnt able to do so, and so the block pinned him to the wall
in a standing position. He sustained injuries and three days
later, Ylarde died.

in

Art. 2176. Whoever by act or

omission causes damage to
another, there being fault or
negligence, is obliged to pay
for the damage done. Such
fault or negligence, if there is
no pre- existing contractual

TEST
OF
NEGLIGENCE:
DUTY- A teacher
who
stands
loco parentis to
his pupils must
make sure that
the children are
protected
from

all harm in his company.

BREACH- Yes
Aquino acted with fault and gross negligence when he:

(1) Failed to avail himself of services of adult manual

laborers
(2) Required the children to remain inside the pit even after
they had finished digging, knowing that the huge block was
lying nearby and could be easily pushed or kicked aside by
any pupil who by chance may go to the perilous area
(3) Ordered them to level the soil around the excavation
when it was so apparent that the huge stone was at the
brink of falling
(4) Went to a place where he would not be able to check on
the children's safety
(5) Left the children close to the excavation, an obviously
attractive nuisance.
PROXIMATE CAUSE: Negligent act of Aquino in leaving his
pupils in such a dangerous site has a direct causal
connection to the death of the child Ylarde; it was but
natural for the children to play around. The child Ylarde
would not have died were it not for the unsafe situation
created by Aquino.
The excavation should not be placed in the category of
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.

Art. 2180. xxx

Lastly, teachers or heads of
establishments of arts and
trades shall be liable for
damages caused by their
pupils
and
students
or

A reasonably prudent person would have foreseen that

bringing children to an excavation site, and more so, leaving
them there all by themselves, may result in an accident. An
ordinarily careful human being would not assume that a
simple warning "not to touch the stone" is sufficient to cast
away all the serious danger that a huge concrete block
adjacent to an
General Rule: Teachers shall excavation would
be liable for the acts of their
present to the
students.
children.
INJURY:
Death
of
Exception: Where the school the child, Ylarde.

is technical in nature, in
which case it is the head

As
regards
the
principal, we hold that he cannot be made responsible
for the death of the child Ylarde, he being the head of an
academic school and not a school of arts and trades.
Soriano did not give any instruction regarding the digging.