Prieto & Senador

G02

C. One of the reasons given as to why EB became paralyzed was that his spine might
have been inadvertently moved during the transport from the site of the accident to
the hospital. Do the Buenos have a cause of action against Dr. Doctor? What can be
his defense?

No, the Buenos do not have a cause of action against Dr. Doctor because under Article 12
paragraph 4 of the Revised Penal Code, “Any person who, while performing a lawful act with
due care, causes an injury by mere accident without fault or intention of causing it.” is exempt
from liability.

In addition to that, under Art. 275. Abandonment of person in danger and abandonment of one's
own victim. — The penalty of arresto mayor shall be imposed upon: 1. Any one who shall fail to
render assistance to any person whom he shall find in an uninhabited place wounded or in danger
of dying, when he can render such assistance without detriment to himself, unless such omission
shall constitute a more serious offense. Hence, Dr. Doctor had the obligation or duty to rescue the
injured person in this case. Lastly, given that he cannot be criminally liable under the
abovementioned provisions, his civil liabilities arising from the alleged crime should also be
extinguished

Lastly, Dr. Doctor may also raise the defense of the “Good Samaritan Doctrine.” The said doctrine
is a principle under Tort Law which provides that a person who sees another individual in imminent
and serious danger or peril cannot be charged with Negligence if that first person attempts to aid
or rescue the injured party, provided the attempt is not made recklessly.1 Three key elements must
concur in order to validly raise the Good Samaritan doctrine as a defense, namely: (1) the care
rendered was performed as the result of the emergency, (2) the initial emergency or injury was not
caused by the person invoking the defense, and (3) the emergency care was not given in a grossly
negligent or reckless manner.2 In the cases of People v Loste3 and Duncan v. Court of First
Instance of Rizal4, though the Supreme Court did not squarely apply the said doctrine, it used the
term “Good Samaritan” to refer to the person who rendered assistance to a randomly injured
person.

1
The Free Dictionary by Farlex at https://legal-dictionary.thefreedictionary.com/Good+Samaritan+Doctrine
2
Id.
3
G.R. No. 94785, July 1, 1992
4
G.R. No. L-30576, February 10, 1976