Ylarde Versus Aquino
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[1988V627] FEDERICO YLARDE and ADELAIDA DORONIO, petitioners, vs . EDGARDO AQUINO, MAURO SORIANO and COURT OF APPEALS, participants. 1988 This summer 291st DivisionG. R. No . L-33722D At the C I actually S I actually O In
In this petition for review on certiorari seeking the reversal from the decision from the Court of Appeals in CA-G. R. No . 36390-R entitled " Federico Ylarde, et al. vs . Edgardo Aquino, ainsi que al., " a case which will originated from the Court of First Illustration of Pangasinan, We are again called upon to determine the responsibility of the principals and teachers towards their learners or learners.
In 1963, private surveys takers Mariano Soriano was the principal of the Gabaldon Primary Institution, a community educational organization located in Tayug, Pangasinan. Exclusive respondent Edgardo Aquino was obviously a teacher in it. At that time, the school was full of several concrete blocks which are remnants from the old school store that was destroyed on planet War 2. Realizing that the huge stones had been serious hazards to the schoolchildren, another teacher by the name of Sergio Banez stated burying these people one by one as soon as 1962. Actually he was able to bury five of these prevents all by him self.
Deciding to aid his friend, private respondent Edgardo Aquino gathered 18 of his male students, aged ten to 9, after course dismissal upon October 7, 1963. Staying their teacher-in-charge, he bought them to burrow beside a one-ton concrete floor block in order to make a gap wherein the stone may be buried. The job was remaining unfinished. The subsequent day, as well after classes, private respondent Aquino called four of the original 18 pupils to keep the searching. These several pupils ---- Reynaldo Alonso, Fransico Alcantara, Ismael Abaga and Novelito Ylarde, dug until the excavation was one meter and forty centimeters deep. At this moment, private surveys takers Aquino by itself continued searching while the learners remained in the pit throwing out the loose soil that was brought about by the looking.
When the depth was correct enough to allow the concrete block, exclusive respondent Aquino and his 4 pupils got out of the gap. Then, stated private surveys takers left the youngsters to level the loose soil surrounding the open hole while this individual went to discover Banez who had been about twenty five meters apart. Private respondent wanted to borrow from Banez the real key to the college workroom where he could get several rope. Just before leaving, private respondent Aquino allegedly informed the children " not to contact the rock. "
A few momemts after personal respondent Aquino left, 3 of the 4 kids, Alonso, Alcantara and Ylarde, playfully jumped in to the pit. Then simply, without any warning at all, the Abaga hopped on top of the concrete prevent causing that to slide down on the opening. Alonso and Alcantara were able to scramble out of the excavation on time nevertheless unfortunately intended for Ylarde, the concrete prevent caught him before this individual could get away, pinning him to the wall membrane in a standing position. As a result thereof, Ylarde sustained the subsequent injuries:
" 1 . Coup with cardenal, left inguinal region and suprapublic area.
2 . Contusion with occhymosis, entire acrotal region.
3. Lacerated injury, left assortment aspect of male organ skin with phimosis.
4. Abrasion, gluteal region, zwischenstaatlich.
5. Intraperitoneal and extrapertitoneal extravasation of blood and urine regarding 2 lt.
6. Bone fracture, simple, symphesis pubis.
7. Ruptured (macerated) urinary urinary with body system of urinary almost entirely separated from its neck.
1 . Previously mentioned were sustained by bashing injury.
2 . Prognosis very poor.
(Sgd. ) MELQUIADES A. BRAVO
Medical professional on Duty. " 1
3 days afterwards, Novelito Ylarde died.
Ylarde's parents, petitioners in this case, filed a suit for injuries against both private participants Aquino and Soriano. The bottom court dismissed the issue on the subsequent...