G.R. No. L-33722 - Ylarde vs. Aquino

Case Summary (G.R. No. L-33722)

Key Individuals and Context

Petitioners: Federico Ylarde and Adelaida Doronio (parents of the deceased pupil).
Respondents: Edgardo Aquino (teacher-in-charge who directed and supervised the pupils’ work); Soriano (named as principal of Gabaldon Primary School in the record: caption lists “Mauro Soriano,” body refers to “Mariano Soriano”), and the Court of Appeals (respondent in the petition for review).
Place of occurrence: Gabaldon Primary School, Tayug, Pangasinan.
Victim: Novelito Ylarde, a ten-year-old pupil.
Relevant background fact: Several heavy concrete blocks (remnants of a school shop destroyed in World War II) littered the school grounds; teacher Sergio Banez had begun burying some blocks; teacher Aquino undertook to continue burying by having pupils dig an excavation beside a one-ton block.

Key Dates and Applicable Law

Facts leading to suit occurred in October 1963. (Decision date in the record triggers the use of the 1987 Constitution as the applicable constitution for the case, given the decision post‑1987.)
Governing substantive law cited in the decision: Article 2176 (quasi‑delict/tort) and Article 2180 of the Civil Code (liability of teachers or heads of establishments of arts and trades for damages caused by their pupils or apprentices while in their custody).
Precedential authority relied upon: Amadora v. Court of Appeals (interpreting Article 2180 as allocating primary responsibility to teachers in academic schools and, by exception, to heads of establishments in arts and trades).

Factual Narrative of the Incident

On October 7, 1963, after class dismissal, teacher Aquino gathered eighteen male pupils (ages ten to eleven) to dig beside a one‑ton concrete block to create a hole in which to bury the block. The task was not finished that day.
The following day, four of those pupils (Reynaldo Alonso, Francisco Alcantara, Ismael Abaga and Novelito Ylarde) continued digging until the excavation reached about 1.4 meters deep. Aquino continued the digging while the pupils remained in the pit removing loose soil.
When the excavation was sufficient to accommodate the block, Aquino and the pupils exited. Aquino left the children to level the loose soil around the open hole and went to borrow a key some 30 meters away, allegedly warning the children “not to touch the stone.”
Shortly after Aquino left, three pupils jumped into the pit playfully and the fourth (Abaga) jumped onto the concrete block; the block slid into the excavation, pinning Ylarde against the wall in a standing position.
Ylarde sustained severe crushing injuries (including bladder rupture, pelvic fracture, massive extravasation of blood and urine) and died three days later. Medical findings were recorded in detail in the record.

Procedural History

Petitioners sued respondents for damages: liability of teacher Aquino asserted under Article 2176 (quasi‑delict); liability of principal Soriano asserted under Article 2180.
The Court of First Instance dismissed the complaint, finding the digging within the pupils’ Work Education, that Aquino exercised utmost diligence, and that Ylarde’s death resulted from Ylarde’s own reckless imprudence.
The Court of Appeals affirmed the lower court’s decision.
Petitioners brought a petition for review on certiorari to the Supreme Court seeking reversal of the Court of Appeals’ judgment.

Legal Issues Presented

Whether the school principal (Soriano) can be held liable under Article 2180 for the tortious death of the pupil.
Whether teacher Aquino is liable for damages—either under Article 2180 (special rule on teachers’ liability) or Article 2176 (general tort liability)—for negligence in supervising and directing the pupils that led to Ylarde’s death.
Whether the pupils’ digging constituted an authorized school activity (Work Education) that would affect liability and whether Ylarde’s conduct amounted to contributory recklessness sufficient to bar recovery.

Analysis and Holding on Principal’s Liability

The Court adheres to the interpretative rule from Amadora: Article 2180’s first clause renders teachers liable for torts committed by their pupils while in custody; the second clause (referring to heads of establishments of arts and trades) is an exception applying to technical/vocational schools where the head of such establishment bears responsibility.
Applying that doctrine, the Court found Soriano (the principal of an academic primary school) not liable under Article 2180. The exception for heads of establishments of arts and trades does not extend to heads of ordinary academic schools; thus the teacher—rather than the principal—is the person held answerable in an academic setting.
The record also showed Soriano did not order the digging; Aquino acted on his own initiative. Both the academic character of the school and absence of any directive from Soriano dictated non‑liability of the principal.

Analysis and Holding on Teacher’s Liability

The Court found Aquino liable. It concluded Aquino’s conduct amounted to fault and gross negligence under Article 2176 and negligence under Article 2180 (teacher’s special responsibility).
The Court enumerated distinct negligent acts by Aquino that established breach of duty and a direct causal link to Ylarde’s death:
1. He failed to hire or avail himself of adult manual laborers and instead directed ten‑ and eleven‑year‑old pupils to perform hazardous excavation work beside a one‑ton concrete block.
2. He required the children to remain inside the pit even after they had finished digging, despite the proximity of the heavy block.
3. He ordered the children to level soil around the excavation at a time when the heavy block lay at the brink of falling.
4. He left the children unattended, going to a location where he could not monitor their safety.
5. He effectively left the children in the presence of an obvious attractive nuisance (a heavy, unstable concrete block adjacent to an excavation).
The Court emphasized that these acts foreseeably exposed the pupils to danger and that the accident that occurred was the natural and probable consequence of the unsafe situation Aquino created.

Assessment of Causation

The Court found a direct causal nexus between Aquino’s negligent acts/omissions and the fatal injury to Ylarde: leaving children unattended at the excavation with the heavy block nearby made it natural that they would play and that the block could dislodge and crush one of them.
The Court rejected the lower courts’ alternative causation finding that placed primary fault on the child’s conduct.

Consideration of the Child’s Conduct and Standard of Care

The Court declined to attribute reckless imprudence to Ylarde. It applied the correct standard for minors: the degree of care required of a child is judged by the ordinary conduct of children of similar age, capacity and experience.
Given Ylarde’s age (ten), his playful conduct was consistent with the behavior expected of boys of that age; the Court found it unreasonable to hold him to an adult standard of care.
The presence of multiple children and the absence of adult supervision supported the view that the children acted natu

Case Syllabus (G.R. No. L-33722)

Citation and Procedural Posture

Reported at 246 Phil. 691, First Division, G.R. No. L-33722, decided July 29, 1988; decision authored by Justice Gancayco.
Petition for review on certiorari seeking reversal of the decision of the Court of Appeals in CA-G.R. No. 36390-R ("Federico Ylarde, et al. vs. Edgardo Aquino, et al."), a case originating from the Court of First Instance of Pangasinan.
The lower court (Court of First Instance of Pangasinan) dismissed the complaint; the Court of Appeals affirmed that dismissal; petitioners brought the case to the Supreme Court.
Justices Narvasa, Cruz, Grino-Aquino, and Medialdea concurred with the opinion.

Parties and Roles

Petitioners: Federico Ylarde and Adelaida Doronio — parents of the deceased pupil, Novelito Ylarde.
Private respondent Edgardo Aquino — teacher at Gabaldon Primary School and teacher-in-charge of the pupils who undertook the excavation.
Private respondent Mariano Soriano — principal of Gabaldon Primary School at the time of the incident.
Other relevant teacher: Sergio Banez — co-teacher who had earlier been burying the concrete blocks.
Institution: Gabaldon Primary School, a public academic school located in Tayug, Pangasinan.

Material Facts

In 1963 the school premises contained several large concrete blocks (remnants of an old school shop destroyed in World War II), which posed a hazard.
Teacher Sergio Banez began burying the blocks in 1962 and buried ten blocks by himself.
On October 7, 1963, after classes, teacher Aquino gathered eighteen male pupils, aged ten to eleven, and ordered them to dig beside a one-ton concrete block to make a hole in which to bury it; the work was left unfinished that day.
The following day, after classes, Aquino called four of the original eighteen pupils — Reynaldo Alonso, Francisco Alcantara, Ismael Abaga and Novelito Ylarde — to continue the digging.
The four pupils excavated until the hole was one meter and forty centimeters deep; Aquino alone continued digging while the pupils remained inside the pit throwing out loose soil.
When the excavation was deep enough to accommodate the block, Aquino and the four pupils exited the hole; Aquino left the children to level the loose soil around the open hole and went about thirty meters away to see Banez to borrow the key to the workroom for a rope.
Before leaving, Aquino allegedly told the children "not to touch the stone."
A few minutes after Aquino left, three pupils (Alonso, Alcantara and Ylarde) playfully jumped into the pit; Abaga jumped on top of the concrete block, causing it to slide toward the opening.
Alonso and Alcantara escaped; Ylarde was caught by the moving block and pinned to the wall in a standing position.
Injuries sustained by Novelito Ylarde, as recorded by the Physician on Duty, Melquiades A. Bravo, included:
- "1. Contusion with hematoma, left inguinal region and suprapublic region.
- 1. Contusion with occhymosis, entire acrotal region.
- 1. Lacerated wound, left lateral aspects of penile skin with phimosis.
- 1. Abrasion, gluteal region, bilateral.
- 1. Intraperitoneal and extraperitoneal extravasation of blood and urine about 2 liters.
- 1. Fracture, simple, symphesis pubis.
- 1. Ruptured (macerated) urinary bladder with body of bladder almost entirety separated from its neck. REMARKS:
1. Above were incurred by crushing injury.
2. Prognosis very poor." (Signed M. A. Bravo.)
Three days later Novelito Ylarde died.
Petitioners filed suit for damages against Aquino and Soriano.

Claims, Legal Bases, and Statutory Texts Invoked

Petitioners sued private respondent Aquino under Article 2176 of the Civil Code for negligence (quasi-delict).
Petitioners sued private respondent Soriano under Article 2180 of the Civil Code.
Article 2176 (as cited):
- "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 relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter."
Article 2180 (as cited in the source):
- "Art. 2180. x x x 'x x x. 'Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody."

Lower Court Findings and Reasoning

The Court of First Instance dismissed the complaint on three grounds:
- (1) The digging done by the pupils was in line with their course called Work Education.
- (2) Aquino exercised the utmost diligence of a very cautious person.
- (3) The death of Ylarde was due to his own reckless imprudence.
The Court of Appeals affirmed the decision of the lower court.

Issues Presented to the Supreme Court

Whether private respondent Soriano, as principal and head of an academic school, can be held liable under Article 2180 for the tortious act resulting in the death of Novelito Ylarde.
Whether private respondent Aquino, as teacher-in-charge, is liable under Article 2180 and/or Article 2176 for negligence that caused the death of Ylarde.
Whether the acts constituted Work Education, and whether Aquino exercised the required diligence.
Whether Ylarde's own conduct constituted contributory or sole cause (reckless imprudence) of his injuries and death.

Controlling Precedent and Legal Principles Applied

The Court relied on its prior discussion in Amadora v. Court of Appeals (G.R. No. L-47745, April 15, 1988) regarding Article 2180:
- The general rule: teachers are liable for acts of their students in academic schools.
- The exception: in establishments of arts and trades, the head of the school (and only he) is liable.
- The Court quoted: "After an exhaustive examination of the problem, the Court has come to the conclusion that the provision in question should apply to all schools, academic as well as non-academic. Where the school is academic rather than technical or vocational in nature, responsibility for the tort committed by the student will attach to the teacher in charge of such student, following the first part of the provision. ... In the case of establishments of arts and trades, it is the head thereof, and only he, who shall be held liable as an exception to the general rule. ... Following the canon of reddendo singula singulis, 'teachers' should apply to the words 'pupils and students' and 'heads of establishments of arts and trades' to the word 'apprentices.'"
Standard of care for minors:
- A minor should not be held to the same degree of care as an adult; conduct judged according to average conduct of persons of his age and experience.
- The standard: "that degree of care ordinarily exercised by children of the same age, capacity, discretion, knowledge and experience under the same or similar circumstances." (Citing Sangco, Philippine Law on Torts and Damages, 1978 ed., pp. 62, 123, as cited in the decision.)

Analysis and Findings on Principal Soriano’s Liability

The Court held that private respondent Soriano, as principal, cannot be held liable for the death of Ylarde because:
- The school is an academic school and not a school of arts and trades; under Article 2180, liability in academic schools attaches to the teacher in charge, not the head.
- Aquino admitted that Soriano did not give any instruction regarding the digging.
- The Amadora doctrine applies: head-of-school liability is the exception applicable to establishments of arts and trades, not to academic schools.

Analysis and Findings on Teacher Aquino’s Liability

The Court found private respondent Aquino liable:
- Under Article 2180 as the teacher-in-charge of the children for negligent supervision and failure to take necessary precautions.
- Under Article 2176 (quasi-delict), the Court found acts and omissions by Aquino amounted to fault or negligence causally related to Ylarde's death.
Specific acts and omissions constituting fault or gross negligence (as enumerated by the Court):
- (1) He failed to avail himself of adult manual laborers and instead utilized pupils aged ten to eleven to make an excavation near a one-ton concrete stone which he knew was a very hazardous task.
- (2) He required the children to remain inside the pit even after they had finished digging, knowing the huge block lay nearby and could easily be pushed or kicked aside.
- (3) He ordered them to level the soil around the excavation when it was apparent the huge stone was at the brink of falling.
- (4) He went to a place (to see Banez about thirty meters away) where he could not check on the children’s safety.
- (5) He left the children close to the excavation, an obviously attractive nuisance.
The Court emphasized that these negligent acts bore a direct causal connection to Ylarde’s death.

Causation and Natural/Probable Consequences

The Court reasoned that, left unattended, the children naturally played; being tired from digging they amused themselves with what they found.
The sequence — three children jumping into pit, one jumping on the block, loose soil allowing the heavy block to slide into the hole — was a natural and probable effect of Aquino's negligence.
The Court concluded that Ylarde would not have died but for the unsafe situation created by Aquino.

Rejection of Lower Courts’ Findings on Contributory Negligence and Work Education

The Supreme Court rejected the lower court’s finding that Ylarde’s death was due to his own reckless imprudence:
- Ylarde was only ten years old; his conduct was natural to a boy his age and should be judged by the standard applicable to minors.
- The conduct of the other children (three of them jumping into the hole and one jumping on the block) supports that the behavior was typical for children of that age.
The Court was not persuaded that the digging was legitimately part of Work Education:
- The excavation and adjacent one-ton concrete block created a
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