People of the Philippines v.

De Golez
G.R. No. L – 14160
1960 June 30

Facts:

The fiscal of Negros Occidental files and information against de Golez with the crime of homicide
through reckless imprudence. De Goles without license to practice medicine and allegedly
without taking precaution, prescribed medicine for the treatment of Susana Tan.

During the trial, the fiscal manifested that de Golez had also been charged previously for illegal
practice of medicine before the same court. The court, on its own initiative, dismissed the
information as the facts alleged therein did not constitute an offense of homicide through
reckless. It reasoned that the crime could not be imputed to a person who had no authority to
practice medicine.

Issue:
Whether a person who is not licensed to practice medicine could not be held liable for homicide
through reckless imprudence.

Held:
No. The Court held that the crime of illegal practice of medicine is a statutory offense, a person
may be convicted thereof regardless of his intention and good faith as well as a desire to cure the
patient. The mere act of practicing medicine in violation of the Medical law, a person violating
the Medical Law should be liable Therefore, del Golez should be liable for the death of Tan.