Baguio City – Legal options are being considered by the Esguerra family.
Nida Esguerra, mother of the late Robin, an employee of the SM City Baguio janitorial service agency, who lost his life in an elevator accident November 2, 2024 said their family is in the process of consulting legal counsel for the fate of her son.
On Tuesday evening, Nida disclosed they are in contact with family legal aid for the possible action the family may take.
According to Nida, the management of SM City Baguio has yet to extend assistance nor pay their respects as her son lies in state.
Robin died while on active duty at the mall premises Saturday, after he boarded the faulty freight elevator at the employee’s area, thinking there was an elevator car as doors opened and plunged to his death.
City Council Action
On Monday, during the Baguio City Council session, Councilor Mylen Yaranon filed a resolution to conduct a full investigation into the death of Robin as well as the overall safety standards of SM City Baguio.
The motion was unanimously approved by the August body reiterated the need for a full investigation to assure the public that safety measures are taken to ensure similar incidents will not happen again.
Yaranon said it was relayed to her that Robin had just come from an employee’s meeting at the mall and casually prepared to use the freight elevator, pushed the elevator button, and stepped into what he thought was a passenger car as the doors opened to the horror of his companion who was supposed to use the elevator as well.
Yaranon said if the elevators were faulty, there should have been warning signs not to use the contraption.
“Nagtataka ako kung paano nabuksan {yung elevator} kung under maintenance dapat, may signage na under maintenance dapat, there was no warnings,” the lady councilor relayed.
Yaranon visited the Esguerra family, on Sunday, November 3, to assure an appropriate investigation will ensue at the city’s legislative arm.
“Robin is a casual employee and has only been employed for three months, the family fears for many matters,” Yaranon said.
The resolution likewise highlights the need to ascertain proper safety measures were followed and the elevators undergo maintenance regularly for the safety of mall goers and employees.
Yaranon has called for the Department of Labor and Employment Occupational Safety and Health Center, Baguio Fire Department, and Baguio City Police Office to conduct their investigation.
SM City Baguio statements
In a statement SM City Baguio released on November 4, Monday disclosed details on the death of Robin and its ongoing investigation.
“On Saturday, November 2, our local emergency response team responded to an elevator incident involving Robin Esguerra, an employee of our janitorial service agency.”
The statement released further relayed “Robin was immediately brought to the hospital where he passed away despite numerous efforts to revive him. We are sympathizing with the family and will continue to extend support to them at this trying time. Immediately following the incident, a joint investigation was conducted by the local police authorities as directed by our safety guidelines. The preliminary findings show that inappropriate application in the operating protocol of the elevator appears to be the cause of the incident. We are now awaiting the final report of the PNP on this matter.
SM City Baguio reiterated “We are committed to make SM a safe and enjoyable place for our employees, tenants, and customers, and we will do our utmost to maintain this.”
Management of SM City Baguio declined to release more details but assured communication with the family of the victim. Maria Elena G. Catajan
