Mindoro mayor, engineer face P.9M suit over kid's death

CALAPAN CITY, Philippines – The mayor of Magsaysay in Occidental Mindoro and its municipal engineer are now facing about a million peso worth of civil case for the death of a 12-year old boy, who was electrocuted while playing at the stage in the town’s plaza.

In their complaint filed before the provincial prosecutor, now docketed as Civil Case R-1775 at the Regional Trial Court of San Jose, Occidental Mindoro, spouses Noel and Alona Eucapor charged Mayor Eleonor B. Fajardo of Magsaysay town and municipal engineer Ricardo M. Malaluan for alleged negligence in the performance of their duties by virtue of Article 2189, which states that "Provinces, Cities and Municipalities shall be liable for damages for the death of, or injuries suffered by any person by reason of the defective condition of roads, streets, bridges, public buildings and other public works under their control or supervision."  

Reportedly, 12-year old Jehnoel Allen Eucapor was electrocuted while hiding on top of the concrete wall at the back of the municipal stage in the course of their playing “hide-and-seek” with playmates.  It was learned that the young Eucapor and his friends were playing at the said area during a brownout. They were said to have gone in an area where there are open electric lines when suddenly the power supply was restored.

The victim was immediately brought to the municipal health center and later to the St. Magdalene Clinic in nearby San Jose town where he was pronounced dead on arrival.

Witnesses, in their sworn affidavits, stated that the boy was electrocuted by a dangling wire that was not properly installed at the stage of Magsaysay town plaza.

The incident happened on Oct. 15, 2011, or more than a year now but the complaint was filed only last Dec. 28 when Jehnoel’s parents, Noel and Alona, reportedly underwent a “thorough and long soul-searching” and are now in need of peace of mind and justice for their son.

Fajardo initially offered P200,000 as amicable settlement but the couple is seeking P953,000 for compensation.

The issue was made public this week following its prospering into a full-blown case at the San Jose, Occidental Mindoro RTC.

Meanwhile, the mayor and the said town’s municipal engineer have refused repeated media inquiries on the case, maintaining that they will only answer the charge in the proper court.