CA upholds dismissal of Bulacan State U execs over drowning of 7 students
The Court of Appeals (CA) has upheld the 2015 decision of the Office of the Ombudsman ordering the dismissal from government service of the president of the Bulacan State University and eight other officials and teachers after they were found guilty of gross neglect of duty for the death of seven students who drown while crossing a river during a school field trip in San Miguel, Bulacan almost four years ago.
In a 24-page decision, the appeals court’s 4th division through Associate Justice Jose Reyes, Jr., said the Ombudsman is correct finding the school officials and teachers guilty of gross neglect of duty when they endorsed and approved the field trip without complying with the policies and guidelines issued by the Commission on Higher Education (CHED) Memorandum Order No. 17 as well as regulations imposed by a Bulacan provincial ordinance.
Memorandum No. 17 laid down the polices and guidelines on the conduct of educational tours/field trips by higher educational institutions.
“There was no compliance with the above guidelines and policies when petitioners recommended, approved and conducted the subject field trip,” the appeals court said.
“Adding to the serious violations committed by the petitioners is the lack of advance coordination with the local government units such as the barangay considering the history and character of Madlum River that after a heavy downpour, excess rainwater naturally cascade from the mountain and cause flashfloods and strong currents in the river,” it added.
Ordered dismissed from service are Mariano de Jesus, Bulacan State University president; Nicanor de la Rama, dean of student affairs; Nerisa Viola, dean of the College of Home Economics (CHE); Angelina Cinco, assistant dean of CHE; professors Mary Jane Lopez and Angelyn Dy Tioco; and instructors Leslie Garcia, Rossette Tanwangco and Reynita del Fonso.
The Ombudsman also forfeited their retirement benefits, and disqualified them from holding public office and from taking the civil service examination.
In affirming the Ombudsman’s ruling, the appeals court said aside from the regulations set by CHED, there was also non-compliance with the provisions of Ordinance No. 2013-7 approved by the Sangguniang Panlalawigan of Bulacan on December 10, 2013 regulating the conduct of educational field trips in the province.
The Ordinance provides as a minimum standard that an educational field trip must not pose a threat to student safety and be organized with provision for adequate supervision by a trained education field trip person in charge.
The appellate court noted that no school-appointed person exercised proper supervision during the entire field trip; instead, the school teachers who accompanied the students relied totally on the local tour guides.
The CA added that the travel agency was not required by the school officials to conduct briefing to participating teachers and students which would have made them aware of the possible dangers of crossing the Madlum river.
Furthermore, the CA said the petitioners failed to apprise the parents on the risks involved in the mountain and cave trekking before giving consent to their children to the joint the field trip.
“Petitioners were negligent in failing to exercise such degree of care and foresight incumbent upon the school, its administrators and teachers,” the decision read.
“By routinely approving the field trip without taking precautionary measures for the safety of the students, petitioners exhibited such indifference or lack of due regard for the consequences…Clearly, petitioners who stand in loco parentis (in the place of a parent) to their students violated their basic duty of protecting them from harm while under their custody and supervision,” it added.
Concurring with the ruling were Associate Justices Franchito Diamante and Maria Elisa Sempio Diy. /je
