DR. ANTONIO P. CABUGAO v.

PEOPLE
G.R. No. 163879
July 30, 2014

PERALTA, J.:

STATEMENT OF FACTS:
Rodolfo Palma, Jr. (JR) complained of abdominal pains to his mother, Rosario Palma
(Rosario). JR’s parents brought him to the clinic of Dr. Antonio Cabugao (Cabugao), a general
practitioner. The doctor prescribed him some medicine and to call back when the stomach ache
continues. The problems persisted and this Dr. Cabugao advised them to bring JR to the Nazareth
General Hospital in Dagupan City.

Initial tests were conducted on JR and results had the initial impression of appendicitis. Dr.
Cabugao then referred JR to Dr. Clenio Ynzon (Ynzon), a surgeon, who then conducted an
ultrasound and prescribed massive antibiotics and pain relievers, and placed JR on observation for
24 hrs. After prescribing the medicine, Dr. Ynzon left and let 2 residents in training monitor JR.
During such time Dr. Cabugao made frequent orders on the administration of antibiotics and pain
relievers.

The next morning, JR complained again of abdominal pain and his parents noticed a swelling
in his scrotum. On the afternoon, JR vomited and had watery bowels 3 times. By midnight, JR
vomited twice, and had loose bowel movements and was unable to sleep. To remedy the situation,
Dr. Ynzon, via phone call, merely ordered to administer more medicine. In the afternoon the next
day, JR was declared dead as prepared by Dr. Cabugao.

STATEMENT OF THE CASE:

A complaint was filed before the RTC of Dagupan against Dr. Cabugao and Dr. Ynzon for the
crime of reckless imprudence resulting to homicide. The RTC convicted both the accused finding
sufficient evidence. The CA affirmed the conviction and gave similar observations, hence this
petition.

ISSUES:
Whether Drs. Cabugao and Ynzon failed to perform the diligence needed in the care of their
patient

RULING:
Only Dr. Ynzon is liable, however he died during trial hence only the civil matter survives.

Reckless imprudence consists of voluntarily doing or failing to do, without malice, an act from
which material damage results by reason of an inexcusable lack of precaution on the part of the
person performing or failing to perform such act. The elements are as follows:

(1) that the offender does or fails to do an act;

(2) that the doing or the failure to do that act is voluntary;
 (3) that it be without malice;
(4) that material damage results from the reckless imprudence; and
(5) that there is inexcusable lack of precaution on the part of the offender, taking into
consideration his employment or occupation, degree of intelligence, physical condition, and
other circumstances regarding persons, time and place.

All the requisites have been established in the case at hand.

(1) It was found out that once such symptoms occur, as stated in the case, the decision to conduct a
surgery must be made within 24 hrs by the surgeon.
(2) Dr. Ynzon failed to do such act
(3) Dr. Ynzon no malice
(4) Death was the result.
(5) As a doctor it was required of to observe the patient within intervals of 4-6 hrs, and should
deterioration occur conduct surgery considering the initial impression was appendicitis.

Dr. Cabugao cannot be held liable due to the following reasons:

(a) He was merely a general practitioner, specializing in family medicine.
(b) the fact that this was not his specialty, it was proper of him to refer JR to an expert in the
field, Dr. Ynzon
(c) Since he was not a surgeon he could not have conducted the operation despite doing so.
(d) He made frequent orders to the 2 residents in the administration of antibiotics and pain
relievers
(e) He notified the resident doctor and nurses on duty that he would be on leave.