00:00The joy of a school trip,
00:03going home after almost 4 hours of walking.
00:06That's what the students of a college in Quezon City
00:10did on their field trip this weekend in Hermosa, Bataan.
00:14The program ended at a resort there.
00:17The students were eager to go home.
00:21Many of their service bus returning from Quezon City
00:25stopped in other barangays.
00:28The students were forced to walk a few kilometers
00:32on a dark highway.
00:34Others almost died.
00:37The Commission on Higher Education, or CHED,
00:41is now explaining the rules of the school.
00:43The Quezon City LGU is also conducting its own investigation.
00:48What does the law say about this?
00:52Ask me, ask Attorney Gatot.
00:59Attorney, in a situation like this,
01:01what can the students, especially those who died, do?
01:06Well, first of all, a lot of people don't understand what's happening here.
01:10You'll really get confused with what's happening.
01:14Why can't those buses return?
01:17Why can't they call and escort the children?
01:20Even if they have to pay something to return.
01:25Why do the buses have to go
01:27and the children have to walk for hours in the dark?
01:32Why can't the teachers or the school do something about it?
01:38We really need to wait for the results of the investigation.
01:41But these are the questions that a lot of people are thinking about.
01:45But what needs to be answered and explained is the school.
01:50Take note, even though there are no minors involved,
01:53there are still a lot of requirements that CHED needs to follow.
01:57That's why there are fines and penalties in schools that can be faced.
02:02There is a CHED Memo Circular with a lot of requirements
02:05that should be followed before, during, and after a field trip
02:10that the participants are from colleges or institutes of higher learning.
02:15It's customary for minors, whether they're in grade school or high school,
02:20it's really in the law that the schools should really answer if something happens.
02:26But it's the same even if they're already in college.
02:29So under the CHED Memo, there should be a franchise.
02:32For example, the operator of the vehicle should be certified by the LTRFB.
02:39There should be insurance.
02:40There should be coordination with the LGUs that will be going.
02:44There should be personnel in charge while on the field trip.
02:47The students should be the ones to look for a solution if something happens.
02:53Students or their families could file a case against the school or bus company
03:00for damages.
03:02But it should be shown that there are damages that need to be answered.
03:07If it's just a minor death, there might be no damages in this case.
03:11Like what we usually talk about,
03:13usually, the damages are if there are expenses due to hospitalization,
03:17if there's a need for medicine, if the equipment is damaged,
03:20if there's no earning capacity, and other examples.
03:23If there's no damage to be shown, there might be no damages to be paid.
03:30Attorney, usually in these field trips, there's a waiver that is signed by the parents.
03:36If the waiver is signed by the parents, will these happen?
03:41Well, actually, even if there's a waiver signed by the parents,
03:45it cannot be used to avoid their responsibility in cases of gross negligence or willful misconduct.
03:52It's not enough to remove the responsibility of the school,
03:56especially if it can be proven that there's a severe negligence on their part.
04:01The school has a responsibility to protect the safety of its students,
04:06not only inside the school, but also in activities outside the school,
04:12like field trips.
04:14Remember, they have an obligation to ensure that the students will not be put in danger while in their care.
04:22Happy Chinese New Year!
04:24But in any case, when it comes to the law, let's be clear here.
04:28For the peace of mind, you know, don't think twice.
04:33Ask me, ask Attorney Gaby.
04:44For you to always be the first to hear the latest stories and news,
04:47follow the official social media pages of Unang Hirip.
04:51Thank you very much!
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