Professional Documents
Culture Documents
REYES
ATTY. DELSON
CIVIL REVIEW 1
4C
ARTICLE 19-21
ALANO VS. MAGUD-LOGMAO
GR. NO. 175540, April 17, 2014
Principle: To be entitled to damages, negligence must be proven.
FACTS: Amelito Logmao was brought to the East Avenue Medical Center (EAMC) by
sidewalk vendors who allegedly saw him fall from the overpass in Cubao, Quezon City.
There, his patients data sheet identified him as Angelito Lugmoso. Considering that his
deterioration progressively deteriorated, and no vacancy was available at the ICU of
EAMC, Logmao/Lugmoso was transferred to NKI. His name was recorded as Angelito
Lugmose at the NKI. There being no relatives around, Jennifer, the transplant
coordinator, was instructed to locate his family by enlisting the assistance of the police
and the media. Dr. Ona, the chairman of the Department of Surgery, observing the
severity of the brain injury of Angelito Lugmoso/Logmao, requested the Laboratory
Section to conduct cross-matching and tissue typing, so that if Angelito expires despite
the necessary medical care and management, and found a suitable organ donor,
provided his family would consent to it, his organs could be detached and transplanted
promptly to a compatible beneficiary. Jennifer secured the patient data of Agelito from
EAMC, where he was identified as Angelito Lugmoso of Boni Avenue, Mandaluyong and
contacted several television and radio stations for the purpose of locating the family of
Lugmoso. She sought the assistance of the PNP to locate the whereabouts of Angelitos
family. As proof, the radio and tv stations she contacted, as well as the pertinent police
station, issued Certifications attesting to her effort to locate Angelitos family.
Angelito was eventually pronounced dead, hence Dr. Ona set in motion the removal of
organs of Angelito for organ transplantation. He sought permission from the Executive
Director, Dr. Filoteo Alano, who issued a Memorandum approving the transplant as long
as all the requisite requirements had been complied with and the NBI had been
informed of the planned transplant.
On March 11, 1988, the NKI issued a press release announcing the successful organ
transplant. A cousin of Angelito heard on the radio that the donor was a certain Angelitlo
Lugmoso who is now at Funeraria Oro. Sensing a vague resemblance to Angelito
Logmaos name, she reported it to his mother, Zenaida Logmao. When they went to the
Furearia Oro to see the remains, it was there that they discovered the remains of
Angelito in a cheap casket. Previously, Arnelitos sister Arlen reported on March 3, 1988
that her brother, Arnelito did not return home after seeing a movie in Cubao.
Because of this discovery, Zenaida filed a complaint for damages. Only Dr. Filoteo
Albano was held liable for damages by the RTC. On appeal, the Court of Appeals
affirmed the decision with modification, by reducing the award of moral and exemplary
damages, as well as attorneys fees.
KHERVY B. REYES
ATTY. DELSON
CIVIL REVIEW 1
4C