Professional Documents
Culture Documents
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* THIRD DIVISION.
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FRANCISCO, J.:
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felony.
In the imposition of these penalties, the courts shall exercise their
sound discretion, without regard to the rules prescribed in article sixty-
four.
The provisions contained in this article shall not be applicable:
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ing her death. The petitioner and one Dr. Lina Ercillo who
was the attending anaesthesiologist during the operation of
the deceased were charged with „reckless imprudence and
negligence resulting to (sic) homicide‰ in an information
which reads:
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Trial ensued after both the petitioner and Dr. Lina Ercillo
pleaded not guilty to the above-mentioned charge. On
March 4, 1994, the Municipal Trial Court in Cities (MTCC)
of San Pablo City rendered a decision, the dispositive
portion of which is hereunder quoted as follows:
„WHEREFORE, the court finds the accused Dra. Lina Ercillo not
guilty of the offense charged for insufficiency of evidence while her
co-accused Dra. Ninevetch Cruz is hereby held responsible for the
death of Lydia Umali on March 24, 1991, and therefore guilty under
Art. 365 of the Revised Penal Code, and she is hereby sentenced to
suffer the penalty of 2 months and 1 day imprisonment of arresto
6
mayor with costs.‰
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14
with the operation. The following day, before her mother
was wheeled into the operating room, Rowena asked the
petitioner if the operation could be postponed. The
petitioner called Lydia into her office and the two had a
conversation. Lydia then informed Rowena that the
petitioner 15told her that she must be operated on as
scheduled.
Rowena and her other relatives, namely her husband,
her sister and two aunts waited outside the operating room
while Lydia underwent operation. While they were waiting,
Dr. Ercillo went out of the operating room and instructed
them to buy tagamet ampules which RowenaÊs sister
immediately bought. About one hour had passed when Dr.
Ercillo came out again this time to ask them to buy blood
for Lydia. They bought type „A‰ blood from the St. Gerald
Blood Bank and the same was brought by the attendant
into the operating room. After the lapse of a few hours, the
petitioner informed them that the operation was finished.
The operating staff then went inside the petitionerÊs clinic
to take their snacks. some thirty minutes after, Lydia was
brought out of the operating room in a stretcher and the
petitioner asked Rowena and the other relatives to buy
additional blood for Lydia. Unfortunately, they were not
able to comply with petitionerÊs order as there was no more
type „A‰ blood available in the blood bank. Thereafter, a
person arrived to donate blood which was later transfused
to Lydia. Rowena then noticed her mother, who was
attached to an oxygen tank, gasping for breath. Apparently
the oxygen supply had run out and RowenaÊs husband
together with the driver of the accused had to go to the San
Pablo District Hospital to get oxygen. Lydia 16
was given the
fresh supply of oxygen as soon as it arrived. But at around
10:00 oÊclock P.M. she went into shock and her blood
pressure
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13 Ibid., p. 6.
14 Ibid., p. 8.
15 Ibid., pp. 27-28.
16 Ibid., pp. 10-14.
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„x x x, the clinic was untidy, there was lack of provision like blood
and oxygen to prepare for any contingency that might happen
during the operation. The manner and the fact that the patient was
brought to the San Pablo District Hospital for reoperation indicates
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that there was something wrong in the manner in which Dra. Cruz
conducted the operation. There was no showing that before the
operation, accused Dra. Cruz had conducted a cardio pulmonary
clearance or any typing of the blood of the patient. It was (sic) said
in medical parlance that the „the abdomen of the person is a temple
of surprises‰ because you do not know the whole thing the moment
it was open (sic) and surgeon must be prepared for any eventuality
thereof. The patient (sic) chart which is a public document was not
presented because it is only there that we could determine the
condition of the patient before the surgery. The court also noticed in
Exh. „F-1‰ that the sister of the deceased wished to postpone the
operation but the patient was prevailed upon by Dra. Cruz to
proceed with the surgery. The court finds that Lydia Umali died
because of the negligence and carelessness of the surgeon Dra.
Ninevetch Cruz because of loss of blood during the operation of the
deceased for evident unpreparedness and for lack of skill, the
reason why the patient was brought for operation at the San Pablo
City District Hospital. As such, the surgeon should answer for such
negligence. With respect to Dra. Lina Ercillo, the anaesthesiologist,
there is no evidence to indicate that she should be held jointly liable
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with Dra. Cruz who actually did the operation.‰
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33 Ibid.
34 10 CA Reports 415 [1966].
35 Ibid., pp. 427-428.
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„Atty. Cachero:
Q. You mentioned about your Autopsy Report which has
been marked as Exh. „A-1-b.‰ There appears here a
signature above the typewritten name Floresto
Arizala, Jr., whose signature is that?
A. That is my signature, sir.
Q. Do you affirm the truth of all the contents of Exh. „A-1-
b‰?
A. Only as to the autopsy report no. 91-09, the time and
place and everything after the post mortem findings,
sir.
Q. You mentioned on your „Post Mortem Findings‰ about
surgical incision, 14:0 cm., infraumbilical area,
anterior abdominal area, midline, will you please
explain that in your own language?
A. There was incision wound (sic) the area just below the
navel, sir.
Q. And the last paragraph of the postmortem findings
which I read: Uterus, pear-shaped and pale measuring
7.5 x 5.5 x 5.0 cm. with some surface nodulation of the
fundic area posteriorly. Cut-section shows diffusely
pale myometrium with areas of streak induration. The
ovaries and adnexal structures are missing with the
raw surfaces patched with clotted blood. Surgical
sutures were noted on the operative site.
Intestines and mesenteries are pale with blood clots noted between the
mesentric folds.
Hemoperitoneum: 300 s.s.,
right paracolic gutter,
50 c.c., left paracolic gutter
200 c.c., mesentric area,
100 c.c., right pelvic gutter
stomach empty.
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„Atty. Pascual:
Q. Doctor, among the causes of hemorrhage that you
mentioned you said that it could be at the moment of
opera
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A. Yes, sir.
Q. Or even if the vessel were ligated the knot may have
slipped later on?
A. Yes, sir.
Q. And you also mentioned that it may be possible also
due to some clotting defect, is that correct?
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A. May be (sic).‰ (Italics supplied.)
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„Q. When you came to know that your mother was already dead there
in the operating room of the San Pablo District Hospital, how did
you feel being the daughter?
A. I was crying and crying hysterically. And I asked why it happened
to my mother, sir.
Q. And up to the present time do you still feel about the loss of your
mother?
A. Yes, sir.
Q. How about your sister and brother?
A. Same with me, sir.
Q. Estimated to money value, how much I cost you and your sister and
brother·the lost of your mother?
A. There is no equivalent, sir.‰ (TSN, Rowena Umali De Ocampo,
supra, p. 18.)
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SO ORDERED.
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