DJMES

Division of City Schools, Quezon CitySFHS Cpd., Misamis St., Quezon City

LEGAL SECTION

In re: In the matter of burned incident ofArnel Alpahando during the overnightcamping on January 14, 2015.

FACT-FINDING INVESTIGATION REPORT

This relates to the incident involving Arnel Alpahando, student of

Dońa Josefa E. Marcos Elementary School who suffered major burns on the

school’s overnight camping last January 14, 2015. It appears from the

record that Mr. Michael Aba verbally assigned Nelson Mabanglo, Glen

Aglinao, Erma Palmes and Lulu Abalos to look into the students who

will participate in a cooking contest. Nelson Mabanglo and Glen

Aglinao were assigned to the Boy Scouts and on the other hand Erma

Palmes and Lulu Abalos were assigned to the Girl Scouts that will

participate in the said cooking contest. It also appears that the said

four (4) teachers assigned by Mr. Michael Aba, as stated in their

statement and during the clarificatory conference admitted that indeed

they verbally accepted the duties to look into the students verbally

assigned to them.

It further appears from their statement that the administrators of

the school for the said event did not provide a committee on safety

and security for a particular cooking contest and they were just picked

the said four (4) teachers who voluntarily heeded to the said

assignment on that precise moment thinking that they would be

charged of insubordination if they did not accept the assignment.

Dońa Josefa E. Marcos ES/Burned incident of Arnel Alpahando/CTC Page 1 of 3

During the said cooking contest, one of the Boy Scouts

participants named Andrei Kinkito able to bring the denatured alcohol

(thinner) and poured it over the burning charcoal to facilitate the

combustion which the fire chased the trail of the alcohol going to the

bottle making Andrei accidentally poured the alcohol to the victim Boy

Scout Arnel Alpahando. This unfortunate event happened because the

assigned teachers heeded to the call of their co-teacher from the

canteen to eat merienda and relied on the fact that there are many

teachers around watching the said activity.

As a result of the said incident, Arnel Alpahando suffered major

burns on his leg and immediately brought to the hospital. Fortunately,

the victim was on a recovery stage and the PTA members and

concerned teachers including the said four (4) teachers are helping the

victim and his family morally and financially and promised to until the

full recovery of the victim.

The sole issue in this case is whether or not the school

administrators, coordinators, and teachers assigned to look into the

safety of the boy/girl scouts participants are negligent on their part.

Records reveal that from the very beginning of a particular

cooking contest, the school administrators, as clearly gleaned from the

minutes of meeting conducted on December 1, 2014 and January 13,

2015 failed to constitute a particular committee on safety and security

despite the fact that the cooking contest on its nature requires safety

measure due to the use of fire. It was clearly indication of negligence

on the part of the principal by failure to secure the safety and security

on the participant students especially in this kind of activity. Head of

school is obliged to supervise the entirety of school activities especially


the night camp activity and negligence on its part will put the student

at risk.

On the same hand, Michael Aba as over-all scout coordinator is

obliged to orderly assign all necessary committee in all particular

activities like cooking contest and eventually coordinate to the

principal all development of the entire activity. Likewise, the assigned

teachers Glen Aglinao and Nelson Mabanglo who admitted the fact that

they accepted the verbal assignment from Mr. Michael Aba as Scout

coordinator clearly manifest their intention to be bound by the

obligation to secure the safety of the students. The fact that these two

(2) teachers leaved the students assigned to them to look into during

the cooking contest is a clear indication that they neglected the duties

and obligation assigned to them.

Wherefore, after perusal investigation of the records of the

case and conduct of fact finding hearing, the undersigned investigator

respectfully recommends that Mrs. Jocelyn A. Lopez, principal of Dońa

Josefa E. Marcos Elementary School, Michael Aba, Nelson Mabanglo and Glen Aglinao

of the same school be charged of Simple Neglect of Duty.

SO RECOMMENDED, March 11, 2015

ATTY. WADE A. LATAWAN Legal Officer


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