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Aquino
July 29, 1988 | Gancayco, J. | Negligence- Children
Digester: Mercado, Carlo Robert
SUMMARY: Aquino enlisted the help of four 10-11 year olds to dig
a hole and place concrete blocks inside them. While Aquino was
away about 30 meters, Alonso, Alcantara and Ylarde jumped into
the pit. Then, Abaga jumped on top of the concrete blocks (that are
still ouside the hole) which caused blocks to slide to the opening.
Alonso and Alcantara were able to get out but Ylarde was not. He
sustained injuries and later died. Respondent alleges that the
reckless imprudent of the child was the cause of his death. The
court ruled that the child only did what any 10-year old child
would do and thus not imprudent.
DOCTRINE: The degree of care required to be exercised must
vary with the capacity of the person endangered to care for
himself. A minor should not be held to the same degree of care as
an adult, but his conduct should be judged according to the
average conduct of persons of his age and experience. The
standard of conduct to which a child must conform for his own
protection is that degree of care ordinarily exercised by children of
the same age, capacity, discretion, knowledge and experience
under the same or similar circumstances
FACTS:
1963, private respondent Mariano Soriano was the
principal of the Gabaldon Primary School, in Tayug,
Pangasinan. Edgardo Aquino was a teacher
At that time, the school was littered with several concrete
blocks which were remnants of the old school shop that was
destroyed in World War II.
Sergio Banez (no relation to LegBib) decided to bury these
blocks, and Aquino gathered 18 of his male pupils [10-11
years old] to help him.
The next day, only 4 of the pupils [Reynaldo Alonso,
Francisco Alcantara, Ismael Abaga and Novelito Ylarde]
resumed the digging.
The hole was 1m 40cm deep, and all 4 students got out of
the hold. Aquino left the children to level the loose soil
around the hole, ,while he went to borrow the key to the
workroom from Banez. [Banez was 30 meters or around
100 feet away]. Aquino allegedly told the children "not to
touch the stone
o
o
NOTES:
When this decision was entered, Ylarde would have been 35
years old already