CA affirms dismissal of Bulacan school execs over drowning of 7 students

MANILA, Philippines — The Court of Appeals has affirmed the dismissal of executives of Bulacan State University over their liabilities in the drowning of seven students on a field trip in 2014.

 

The CA’s Fourth Division, in a 24-page decision, upheld the Office of the Ombudsman’s ruling that dismissed BSU officials from service due to gross neglect of duty.

 

The school officials, led by BSU president Mariano de Jesus, were found guilty for approving an August 2014 field trip that was not compliant with the guidelines of the Commission on Higher Education (CHED).

 

The students drowned while crossing the Madlum river in San Miguel, Bulacan.

 

READ: Bulacan school executives sacked over drowning of 7 students

 

The petitioners asked the appeals court to reverse the Ombudsman ruling, but the CA said that the Petition for Review has no merit.

 

“The Ombudsman's ruling on petitioners’ liability for gross neglect of duty is well supported by substantial evidence clearly showing lack of reasonable care under the circumstances,” the CA said.

 

The CA noted that BSU also failed to comply with the Sangguniang Panlalawigan of Bulacan ordinance regulating field trips in the province.

 

The court also pointed out that the school merely relied on local tour guides during the trip. The travel agency, however, failed to inform the participating teachers and students of possible dangers while crossing the Madlum river.

 

BSU also failed to inform the parents of the risks involving mountain and cave trekking before asking them to allow their children to join the trip.

 

“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 to consequences,” the CA said.

 

“There was no compliance with the above guidelines and policies when petitioners recommended, approved and conducted the subject field trip,” the appellate court said.

 

Also dismissed from service were the following BSU officials:

 

• Nicanor dela Rama, vice president for student affairs

• Nerisa Viola, dean

• Angelina Cinco

• Mary Jane Lopez

• Angelyn Dy Tioco

• Leslie Garci

• Rossette Tanwanco

• Reynita del Fonso

 

The Ombudsman also meted the school officials with “dismissal from service and the accessory penalties of cancelation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office and bar from taking civil service examinations.”

 

The ruling was penned by Associate Justice Jose Reyes Jr.

 

Concurring were Associate Justices Franchito Diamante and Maria Elisa Sempio Diy.