The parents of the 11-year-old boy who met an accident while inside the premises of the school he was enrolled in, and who later died at the hospital, have sued the school and its officials for gross negligence in their failure to give immediate assistance to the victim that could have saved his life.
Spouses Darell del Pozo and Edith del Pozo, residents of Bliss, Pajac, Lapu-Lapu City are demanding P3 million for moral damages, P1.2 million exemplary and actual damages and a total of P403,000 for attorney’s fees and appearance fees, and litigation expenses.
Named respondents in the case are St. Joseph School-Mactan and its officials namely, Sisters Marie Teresita Bravo and Agnes Labitoria, school director and principal, respectively; Jeffrey Ruiz, class adviser; Hazel Camiguing, MAPEH teacher; Inesmila Quiñanila, guidance counselor; Joydeleen Revilla, assistant clinic in-charge; Jocelyn Tapia, English teacher; Caroline Aying, Mathematics teacher, and Pamela Jane Almaden, library period teacher.
Sought for comment, Sr. Labitoria told The FREEMAN that she better not talk about it because the legal officer of the school is now handling the matter.
Sr. Bravo is not also available for an interview because she is presently in Manila.
The complainants said their only son, Darrel del Pozo II, a Grade 5 pupil of the school could have been saved had any of these school officials or teachers extended immediate assistance, in the form of first aid, to him or called up his parents for him to be taken to the hospital immediately.
They said that the accident happened at around 7 a.m. on January 25, but that they were only informed at 3:20 p.m. or more than eight hours later.
“Such an interval of eight hours since the occurrence of the incident is indubitably significant to the great possibility of saving the deceased, Darrel del Pozo II, had the school and its responsible persons and employees initiated the innate, imposed and incumbent obligation required of them for the said deceased who was within their duty, control and supervision at the time of the incident…” the complainants said.
In their complaint, the del Pozos said that their son was playing basketball with his classmates and schoolmates inside the premises of the school when he accidentally fell. His head hit the concrete floor of the basketball court.
Despite what happened, they said that the school or any of its administering officials, employees and teachers, who are named respondents in the case, did not give the boy the supposed instant and proper medical attention or treatment even if the incident was already brought to their attention.
The couple said that the respondents did not bring the boy to the nearest hospital or informed his parents immediately even if he continuously manifested signs of unusual feeling and complained of severe headache and vomiting for about eight hours until his father arrived at 3:20 p.m.
The boy was rushed to nearby Mactan Doctors Hospital, but the doctors said his condition was “already severe and it’s already too late.” He died at 7:20 p.m.
“Such remiss, deplorable, reprehensible collective acts of herein defendants constitute culpable and gross negligence when they did not extend immediate assistance to the plaintiff’s only child and adequately gave him the chance of survival,” the complaint said. — Wenna A. Berondo/MEEV