Dr. Victoria Batiquin and Allan Batiquin v CA and Sps. GR No. 118231 July 5, 1996 J.

Davide Doctrine: Res Ipsa Loquitur

FACTS: Dr. Batiquin, was a Resident Physician at the Negros Oriental Provincial Hospital from 1978 to 1989 and also became the Actg. Head of the Dept. of Obstetrics and Gynecology of said hospital. BEFORE Sept. 21, 1988: Mrs. Villegas became Batiquin's patient for prenatal care sometime Sept. 21. 1988:Dr. Batiquin with the assistance of Dr. Sy and some student nurses performed a simple cesarian section on Mrs. Villegas. Sept/ 28, 1988:Villegas was released from confinement and she paid Dr. Batiquin, through the latter's secretary, P1500 as professional fee. Mrs. Villegas began to suffer abdominal pains and complained of being feverish, lost her appetite. She took Dr. Batiquin's prescribed medicines until Dec. 1988. Oct. 31, 1988:Dr. Batiquin gave Mrs. Villegas a MedCert that she is fit to return to work on Nov. 7, 1988. 2nd Wk Nov: She returned to work. The abdominal pains and fever kept recurring despite taking her medications. Jan. 20, 1989:She consulted Dr. Ma. Salud Kho at the Holy Child's Hospital Dumaguete and she was found to have an infection inside her abdominal cavity and an abdominal mass below the umbilicus and suggested another surgery. Dr. Kho found ovarian cysts on each ovaries and a piece of rubber ("rubber glove) on the right side of the uterus. This foreign body was the cause of the infection of the ovaries. DEFENSE: The piece of rubber was not presented in court nor was it mentioned in the pathologist's Surgical Pathology Report. Dr. Kho allegedly told Dr. Batiquin that the piece of rubber was thrown away and Kho did not deny it in court.

Trial Court Ruling: Dr. Batiquin's favor. The plaintiffs were unable for reconcile the two versions of the whereabout of the rubber: either it was sent to the Pathologist in Cebu as testified by Dr. Kho OR it was thrown away. Based on Dr. Kho's testimony, the presence of rubber is mere hearsay. CA Ruling: Deemed Dr. Kho's positive testimony to definitely establish that a piece of rubber was found near Villegas' uterus and that the fault or negligence of Dr. Batiquin is established by preponderance of evidence and that the trial court took Dr. Kho's testimony out of context.

ISSUE/S: WON Dr. Batiquin is negligent? HELD: The phrase relied upon by the trial court does not negate the fact that Dr. Kho saw a piece of rubber in private respondent's abdomen and that it was sent to a laboratory. Dr. Batiquin testified that no rubber drain was used in the operation which was corroborated by Dr. Sy but such statements are mere denial or negative testimonies. All the requisites of res ipsa loquitur exist in this case. (a) the injury was shown to be under the management of the defendant (b) the accident is such as in the ordinary course of things, will not happen if those who have management (Dr. Batiquin) use proper care