Cruz vs.

CA (and Umali) | Francisco

G.R. No. 122445, November 18, 1997 | 282 SCRA 188

FACTS:
Rowena Umali de Ocampo accompanied her mother Lydia Umali to the Perpetual
Help Clinic and General Hospital in Laguna. Upon examining Umali, respondent
Cruz found a myoma in her uterus, and scheduled her for a hysterectomy
operation.
Rowena noticed that the clinic was untidy and dusty. She tried to persuade her
mother not to proceed with the operation, but Lydia told her that Cruz said she
must be operated on as scheduled.
On separate occasions during the operation, Dr. Ercillo (the anesthesiologist) came
out of the operating room and instructed them to buy tagamet ampules and blood.
Even after Lydia was brought out of the operating room, they were instructed to
buy more blood.
At one point, Rowena also noticed that her mother was gasping for breath.
However, the oxygen supply of the clinic has run out, and they had to go to San
Pablo District Hospital to get oxygen. Later on, Lydia went into shock, which
necessitated her transfer to San Pablo District Hospital, which was done without the
prior consent of the relatives.
There, Dr. Ercillio re-operated on her because there was blood oozing from the
abdominal incision. Eventually, Lydia died. Her death certificate states shock as
the immediate cause of death and disseminated intravascular coagulation (DIC) as
the antecedent cause.
The heirs of Lydia Umali charged Cruz and Ercillo with reckless imprudence and
negligence resulting to homicide. Both pleaded not guilty. The MTCC held that Dr.
Ercillo was not guilty, but held Cruz responsible for the death of Lydia Umali. RTC
 and CA affirmed in toto. Hence this petition.

ISSUES & ARGUMENTS:

W/N the Court may award damages to the heirs of Umali even if it acquitted
Cruz.

HOLDING & RATIO DECIDENDI:

AWARD OF MORAL AND EXEMPLARY DAMAGES IS PROPER.
While the following circumstances are insufficient to sustain a judgment of
conviction against Cruz. Nevertheless, this Court finds Cruz civilly liable for the
death of Lydia Umali, for while conviction of a crime requires proof beyond
reasonable doubt, only a preponderance of evidence is required to establish
civil liability.
For insufficiency of evidence this Court was not able to render a sentence of
conviction but it is not blind to the reckless and imprudent manner in which Cruz
carried out her duties. No amount of compassion and commiseration not words of
bereavement can suffice to assuage the sorrow felt by Lydia Umalis heirs.

Dr. Cruz ACQUITTED but is ordered to pay the hairs of the deceased Lydia Umali FIFTY
THOUSAND PESOS as civil liability, ONE HUNDRED THOUSAND PESOS as moral
damages, and FIFTY THOUSAND PESOS as exemplary damages.