Dr. Emmanuel Jarcia, Jr. and Dr. MARILOU BASTAN, Petitioners, vs. PEOPLE OF THE PHILIPPINES, Respondent

9/3/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 666
G.R. No. 187926. February 15, 2012.*
DR. EMMANUEL JARCIA, JR. and DR.

MARILOU BASTAN, petitioners, vs. PEOPLE
OF THE PHILIPPINES, respondent.
Civil Law; Quasi-Delicts; Res Ipsa Loquitor; The

doctrine of res ipsa loquitur means “Where the thing
which causes injury is shown to be under the
management of the defendant, and the accident is such
as in the ordinary course of things does not happen if
those who have the management use proper care, it
affords reasonable evidence, in the absence of an
explanation by the defendant, that the accident arose
from want of care.”—This doctrine of res ipsa loquitur
means “Where the thing which causes injury is shown
to be under the management of the defendant, and
the accident is such as in the ordinary course of things
does not happen if those who have the management
use proper care, it affords reasonable evidence, in the
absence of an explanation by the defendant, that the
accident arose from want of care.” The Black’s Law
Dictionary defines the said doctrine. Thus: The thing
speaks for itself. Rebuttable presumption or inference
that defendant was negligent, which arises upon proof
that the instrumentality causing injury was in
defendant’s exclusive control, and that the accident
was one which ordinarily does not happen in absence
of negligence. Res ipsa loquitur is a rule of evidence
www.central.com.ph/sfsreader/session/00000174548fac43c1521656003600fb002c009e/t/?o=False 1/39
whereby negligence of the alleged wrongdoer may be

inferred from the mere
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* THIRD DIVISION.
337
VOL. 666, FEBRUARY 15, 2012 337
Jarcia vs. People
fact that the accident happened provided the

character of the accident and circumstances attending
it lead reasonably to belief that in the absence of
negligence it would not have occurred and that thing
which caused injury is shown to have been under the
management and control of the alleged wrongdoer.
Under this doctrine, the happening of an injury
permits an inference of negligence where plaintiff
produces substantial evidence that the injury was
caused by an agency or instrumentality under the
exclusive control and management of defendant, and
that the occurrence was such that in the ordinary
course of things would not happen if reasonable care
had been used.
Same; Same; Same; The doctrine of res ipsa
loquitur as a rule of evidence is unusual to the law of
negligence which recognizes that prima facie
negligence may be established without direct proof and
furnishes a substitute for specific proof of negligence.—
The doctrine of res ipsa loquitur as a rule of evidence
is unusual to the law of negligence which recognizes
that prima facie negligence may be established
without direct proof and furnishes a substitute for
specific proof of negligence. The doctrine, however, is

not a rule of substantive law, but merely a mode of
proof or a mere procedural convenience. The rule,
when applicable to the facts and circumstances of a
given case, is not meant to and does not dispense with
the requirement of proof of culpable negligence on the
party charged. It merely determines and regulates
what shall be prima facie evidence thereof and helps
the plaintiff in proving a breach of the duty. The
doctrine can be invoked when and only when, under
the circumstances involved, direct evidence is absent
and not readily available.
Same; Same; Same; Requisites for the Application
of the Doctrine of Res Ipsa Loquitur.—The requisites
for the application of the doctrine of res ipsa loquitur
are: (1) the accident was of a kind which does not
ordinarily occur unless someone is negligent; (2) the
instrumentality or agency which caused the injury
was under the exclusive control of the person in
charge; and (3) the injury suffered must not have
been due to any voluntary action or contribution of
the person injured.
Same; Same; “Negligence,” Defined; Words and
Phrases.—Negligence is defined as the failure to
observe for the protection of the interests of another
person that degree of care, precaution, and
338
338 SUPREME COURT REPORTS ANNOTATED
Jarcia vs. People
vigilance which the circumstances justly demand,

whereby such other person suffers injury.
Same; Same; “Reckless Imprudence,” Defined;

Words and Phrases.—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.
Same; Same; Simple Negligence; Elements of
Simple Negligence.—The elements of simple
negligence are: (1) that there is lack of precaution on
the part of the offender, and (2) that the damage
impending to be caused is not immediate or the
danger is not clearly manifest.
Same; Reckless Imprudence; The Court finds the
petitioners civilly liable for their failure to sufficiently
attend to Roy Jr.’s medical needs when the latter was
rushed to the ER, for while a criminal conviction
requires proof beyond reasonable doubt, only a
preponderance of evidence is required to establish civil
liability.—Although the Court sympathizes with the
plight of the mother and the child in this case, the
Court is bound by the dictates of justice which hold
inviolable the right of the accused to be presumed
innocent until proven guilty beyond reasonable doubt.
The Court, nevertheless, finds the petitioners civilly
liable for their failure to sufficiently attend to Roy
Jr.’s medical needs when the latter was rushed to the
ER, for while a criminal conviction requires proof
beyond reasonable doubt, only a preponderance of
evidence is required to establish civil liability. Taken
into account also was the fact that there was no bad
faith on their part.
Remedial Law; Civil Procedure; Appeals; Issues
raised for the first time on appeal cannot be considered
because a party is not permitted to change his theory
on appeal.—This Court cannot also stamp its
imprimatur on the petitioners’ contention that no
physician-patient relationship existed between them

and patient Roy Jr., since they were not his attending
physicians at that time. They claim that they were
merely requested by the ER nurse to see the patient
while they were passing by the ER for their lunch.
Firstly, this issue was never raised during the trial at
the RTC or even before the CA. The petitioners,
therefore, raise the want of doctor-patient
relationship for the first time on appeal with this
Court. It
339
VOL. 666, FEBRUARY 15, 2012 339
Jarcia vs. People
has been settled that “issues raised for the first time
on appeal cannot be considered because a party is not
permitted to change his theory on appeal. To allow
him to do so is unfair to the other party and offensive
to the rules of fair play, justice and due process.”
Stated differently, basic considerations of due process
dictate that theories, issues and arguments not
brought to the attention of the trial court need not be,
and ordinarily will not be, considered by a reviewing
court.
Civil Law; Physician-Patient Relationship; When
a patient engages the services of a physician, a
physician-patient relationship is generated; Thus, in
treating his patient, a physician is under a duty to
exercise that degree of care, skill and diligence which
physicians in the same general neighborhood and in
the same general line of practice ordinarily possess
and exercise in like cases.—In the case of Lucas v.
Tuaño, 586 SCRA 173 (2009), the Court wrote that
“[w]hen a patient engages the services of a physician,

a physician-patient relationship is generated. And in
accepting a case, the physician, for all intents and
purposes, represents that he has the needed training
and skill possessed by physicians and surgeons
practicing in the same field; and that he will employ
such training, care, and skill in the treatment of the
patient. Thus, in treating his patient, a physician is
under a duty to exercise that degree of care, skill and
diligence which physicians in the same general
neighborhood and in the same general line of practice
ordinarily possess and exercise in like cases. Stated
otherwise, the physician has the obligation to use at
least the same level of care that any other reasonably
competent physician would use to treat the condition
under similar circumstances.”
Same; Same; Medical Ethics; Established medical
procedures and practices, though in constant
instability, are devised for the purpose of preventing
complications.—Article II, Section 1 of the Code of
Medical Ethics of the Medical Profession in the
Philippines states: A physician should attend to his
patients faithfully and conscientiously. He should
secure for them all possible benefits that may depend
upon his professional skill and care. As the sole
tribunal to adjudge the physician’s failure to fulfill his
obligation to his patients is, in most cases, his own
conscience, violation of this rule on his part is
discreditable and inexcusable. Established medical
procedures and practices, though in constant
instability, are devised for
340
Jarcia vs. People

the purpose of preventing complications. In this case,

the petitioners failed to observe the most prudent
medical procedure under the circumstances to prevent
the complications suffered by a child of tender age.
Same; Negligence; While no criminal negligence
was found in the petitioners’ failure to administer the
necessary medical attention to Roy Jr., the Court holds
them civilly liable for the resulting damages to their
patient.—While no criminal negligence was found in
the petitioners’ failure to administer the necessary
medical attention to Roy Jr., the Court holds them
civilly liable for the resulting damages to their
patient. While it was the taxi driver who ran over the
foot or leg of Roy Jr., their negligence was doubtless
contributory.
Same; Damages; Actual Damages; Claims for
actual damages must be adequately supported by
receipts.—It appears undisputed that the amount of
P3,850.00, as expenses incurred by patient Roy Jr.,
was adequately supported by receipts. The Court,
therefore, finds the petitioners liable to pay this
amount by way of actual damages.
Same; Same; Moral Damages; It is settled that
moral damages are not punitive in nature, but are
designed to compensate and alleviate in some way the
physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings,
moral shock, social humiliation, and similar injury
unjustly inflicted on a person.—The Court is aware
that no amount of compassion can suffice to ease the
sorrow felt by the family of the child at that time.
Certainly, the award of moral and exemplary
damages in favor of Roy Jr. in the amount of
P100,000.00 and P50,000.00, respectively, is proper in
this case. It is settled that moral damages are not
punitive in nature, but are designed to compensate

and alleviate in some way the physical suffering,
mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social
humiliation, and similar injury unjustly inflicted on a
person. Intended for the restoration of the
psychological or emotional status quo ante, the award
of moral damages is designed to compensate
emotional injury suffered, not to impose a penalty on
the wrongdoer.
Same; Same; Exemplary Damages; Exemplary
damages may be imposed by way of example or
correction for the public good.—The Court, likewise,
finds the petitioners also liable for exemplary dam-
341
VOL. 666, FEBRUARY 15, 2012 341
Jarcia vs. People
ages in the said amount. Article 2229 of the Civil Code

provides that exemplary damages may be imposed by
way of example or correction for the public good.
PETITION for review on certiorari of the

decision and resolution of the Court of
Appeals.
The facts are stated in the opinion of the
Court.
Teresita R. Sanchez for petitioners.
Office of the Solicitor General for
respondent.
MENDOZA, J.:
Even early on, patients have consigned their lives to

the skill of their doctors. Time and again, it can be
said that the most important goal of the medical
profession is the preservation of life and health of the
people. Corollarily, when a physician departs from his
sacred duty and endangers instead the life of his
patient, he must be made liable for the resulting
injury. This Court, as this case would show, cannot
and will not let the act go unpunished.1
This is a petition for review under Rule 45 of

the Rules of Court challenging the August 29,
2008 Decision2 of the Court of Appeals (CA), and
its May 19, 2009 Resolution3 in CA-G.R. CR No.
29559, dismissing the appeal and affirming in
toto the June 14, 2005 Decision4 of the Regional
Trial Court, Branch 43, Manila (RTC), finding
the accused guilty beyond reasonable doubt of
simple imprudence resulting to serious physical
injuries.
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1 See the case of Dr. Batiquin v. Court of Appeals, 327
Phil. 965; 258 SCRA 334 (1996).
2 Rollo, pp. 50-65. Penned by Associate Justice Isaias
Dicdican, with Associate Justice Juan Q. Enriquez, Jr. and
Associate Justice Marlene Gonzales-Sison, concurring.
3 Id., at pp. 67-68.
4 Id., at pp. 70-79.
342
342 SUPREME COURT REPORTS

ANNOTATED
Jarcia vs. People
The Facts
Belinda Santiago (Mrs. Santiago) lodged a
complaint with the National Bureau of
Investigation (NBI) against the petitioners, Dr.
Emmanuel Jarcia, Jr. (Dr. Jarcia) and Dr.
Marilou Bastan (Dr. Bastan), for their alleged
neglect of professional duty which caused her
son, Roy Alfonso Santiago (Roy Jr.), to suffer
serious physical injuries. Upon investigation, the
NBI found that Roy Jr. was hit by a taxicab; that
he was rushed to the Manila Doctors Hospital
for an emergency medical treatment; that an X-
ray of the victim’s ankle was ordered; that the X-
ray result showed no fracture as read by Dr.
Jarcia; that Dr. Bastan entered the emergency
room (ER) and, after conducting her own
examination of the victim, informed Mrs.
Santiago that since it was only the ankle that
was hit, there was no need to examine the upper
leg; that eleven (11) days later, Roy Jr.
developed fever, swelling of the right leg and
misalignment of the right foot; that Mrs.
Santiago brought him back to the hospital; and
that the X-ray revealed a right mid-tibial
fracture and a linear hairline fracture in the
shaft of the bone.
The NBI indorsed the matter to the Office of
the City Prosecutor of Manila for preliminary
investigation. Probable cause was found and a
criminal case for reckless imprudence resulting
to serious physical injuries, was filed against Dr.
Jarcia, Dr. Bastan and Dr. Pamittan,5 before the
RTC, docketed as Criminal Case No. 01-196646.
On June 14, 2005, the RTC found the
petitioners guilty beyond reasonable doubt of the
crime of Simple Imprudence Resulting to Serious
Physical Injuries. The decretal portion of the

RTC decision reads:
“WHEREFORE, premises considered, the Court

finds accused DR. EMMANUEL JARCIA, JR. and
DR. MARILOU BASTAN GUILTY beyond
reasonable doubt of the crime of SIMPLE IMPRU-
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5 No first name on record.
343
VOL. 666, FEBRUARY 15, 2012 343

Jarcia vs. People
DENCE RESULTING TO SERIOUS PHYSICAL

INJURIES and are hereby sentenced to suffer the
penalty of ONE (1) MONTH and ONE (1) DAY to
TWO (2) MONTHS and to indemnify MRS.
BELINDA SANTIAGO the amount of P3,850.00
representing medical expenses without subsidiary
imprisonment in case of insolvency and to pay the
costs.
It appearing that Dr. Pamittan has not been
apprehended nor voluntarily surrendered despite
warrant issued for her arrest, let warrant be issued
for her arrest and the case against her be
ARCHIVED, to be reinstated upon her apprehension.
SO ORDERED.”6
The RTC explained:
“After a thorough and in depth evaluation of the

evidence adduced by the prosecution and the defense, this
court finds that the evidence of the prosecution is the more
credible, concrete and sufficient to create that moral
certainty in the mind of the Court that accused herein [are]
criminally responsible. The Court believes that accused are

negligent when both failed to exercise the necessary and
reasonable prudence in ascertaining the extent of injury of
Alfonso Santiago, Jr.
However, the negligence exhibited by the two doctors
does not approximate negligence of a reckless nature but
merely amounts to simple imprudence. Simple imprudence
consists in the lack of precaution displayed in those cases in
which the damage impending to be caused is not the
immediate nor the danger clearly manifest. The elements of
simple imprudence are as follows.
1. that there is lack of precaution on the part of the
offender; and
2. that the damage impending to be caused is not
immediate of the danger is not clearly manifest.
Considering all the evidence on record, The Court finds
the accused guilty for simple imprudence resulting to
physical injuries. Under Article 365 of the Revised Penal
Code, the penalty provided for is arresto mayor in its
minimum period.”7
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6 Rollo, p. 79.
7 Id., at p. 78.
344

ANNOTATED
Jarcia vs. People
Dissatisfied, the petitioners appealed to the

CA.
As earlier stated, the CA affirmed the RTC
decision in toto. The August 29, 2008 Decision of
the CA pertinently reads:
“This Court holds concurrently and finds the

foregoing circumstances sufficient to sustain a
judgment of conviction against the accused-appellants
for the crime of simple imprudence resulting in
serious physical injuries. The elements of imprudence
are: (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 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.
Whether or not Dr. Jarcia and Dr. Bastan had
committed an “inexcusable lack of precaution” in the
treatment of their patient is to be determined
according to the standard of care observed by other
members of the profession in good standing under
similar circumstances, bearing in mind the advanced
state of the profession at the time of treatment or the
present state of medical science. In the case of Leonila
Garcia-Rueda v. Pascasio, the Supreme Court stated
that, in accepting a case, a doctor in effect represents
that, having the needed training and skill possessed
by physicians and surgeons practicing in the same
field, he will employ such training, care and skill in
the treatment of his patients. He therefore has a duty
to use at least the same level of care that any other
reasonably competent doctor would use to treat a
condition under the same circumstances.
In litigations involving medical negligence, the
plaintiff has the burden of establishing accused-
appellants’ negligence, and for a reasonable
conclusion of negligence, there must be proof of breach
of duty on the part of the physician as well as a causal
connection of such breach and the resulting injury of
his patient. The connection between the negligence

and the injury must be a direct and natural sequence
of events, unbroken by intervening efficient causes. In
other words, the negligence must be the proximate
cause of the injury. Negligence, no matter in what it
consists, cannot create a right of action unless it is the
proximate cause of the injury complained of. The
proximate cause of an injury is that cause which, in
natural and continuous sequence, unbroken by any
efficient inter-
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VOL. 666, FEBRUARY 15, 2012 345

Jarcia vs. People
vening cause, produces the injury and without which

the result would not have occurred.
In the case at bench, the accused-appellants
questioned the imputation against them and argued
that there is no causal connection between their
failure to diagnose the fracture and the injury
sustained by Roy.
We are not convinced.
The prosecution is however after the cause which
prolonged the pain and suffering of Roy and not on
the failure of the accused-appellants to correctly
diagnose the extent of the injury sustained by Roy.
For a more logical presentation of the discussion,
we shall first consider the applicability of the doctrine
of res ipsa loquitur to the instant case. Res ipsa
loquitur is a Latin phrase which literally means “the
thing or the transaction speaks for itself. The doctrine
of res ipsa loquitur is simply a recognition of the
postulate that, as a matter of common knowledge and
experience, the very nature of certain types of
occurrences may justify an inference of negligence on
the part of the person who controls the

instrumentality causing the injury in the absence of
some explanation by the accused-appellant who is
charged with negligence. It is grounded in the
superior logic of ordinary human experience and, on
the basis of such experience or common knowledge,
negligence may be deduced from the mere occurrence
of the accident itself. Hence, res ipsa loquitur is
applied in conjunction with the doctrine of common
knowledge.
The specific acts of negligence was narrated by
Mrs. Santiago who accompanied her son during the
latter’s ordeal at the hospital. She testified as follows:
Fiscal Formoso:
Q: Now, he is an intern did you not consult the doctors,
Dr. Jarcia or Dra. Pamittan to confirm whether you
should go home or not?
A: Dra. Pamittan was inside the cubicle of the nurses
and I asked her, you let us go home and you don’t
even clean the wounds of my son.
Q: And what did she [tell] you?
A: They told me they will call a resident doctor, sir.
x x x x x x x x x
346

ANNOTATED
Jarcia vs. People
Q: Was there a resident doctor [who] came?

A: Yes, Sir. Dra. Bastan arrived.
Q: Did you tell her what you want on you to be done?
A: Yes, sir.
Q: What did you [tell] her?
A: I told her, sir, while she was cleaning the wounds of

my son, are you not going to x-ray up to the knee
because my son was complaining pain from his ankle
up to the middle part of the right leg.
Q: And what did she tell you?
A: According to Dra. Bastan, there is no need to x-ray
because it was the ankle part that was run over.
Q: What did you do or tell her?
A: I told her, sir, why is it that they did not examine[x]
the whole leg. They just lifted the pants of my son.
Q: So you mean to say there was no treatment made at
all?
A:None, sir.
x x x x x x x x x
A: I just listened to them, sir. And I just asked if I will
still return my son.
x x x x x x x x x
Q: And you were present when they were called?
A: Yes, sir.
Q: And what was discussed then by Sis. Retoria?
A: When they were there they admitted that they have
mistakes, sir.
Still, before resort to the doctrine may be allowed, the
following requisites must be satisfactorily shown:
1. The accident is of a kind which ordinarily does not
occur in the absence of someone’s negligence;
2. It is caused by an instrumentality within the
exclusive control of the defendant or defendants; and
3. The possibility of contributing conduct which would
make the plaintiff responsible is eliminated.
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Jarcia vs. People
In the above requisites, the fundamental element is the

“control of the instrumentality” which caused the damage.
Such element of control must be shown to be within the
dominion of the accused-appellants. In order to have the
benefit of the rule, a plaintiff, in addition to proving injury
or damage, must show a situation where it is applicable and
must establish that the essential elements of the doctrine
were present in a particular incident. The early treatment
of the leg of Roy would have lessen his suffering if not
entirely relieve him from the fracture. A boy of tender age
whose leg was hit by a vehicle would engender a well-
founded belief that his condition may worsen without
proper medical attention. As junior residents who only
practice general surgery and without specialization with the
case consulted before them, they should have referred the
matter to a specialist. This omission alone constitutes
simple imprudence on their part. When Mrs. Santiago
insisted on having another x-ray of her child on the upper
part of his leg, they refused to do so. The mother would not
have asked them if they had no exclusive control or
prerogative to request an x-ray test. Such is a fact because a
radiologist would only conduct the x-ray test upon request
of a physician.
The testimony of Mrs. Santiago was corroborated by a
bone specialist Dr. Tacata. He further testified based on his
personal knowledge, and not as an expert, as he examined
himself the child Roy. He testified as follows:
Fiscal Macapagal:
Q: And was that the correct respon[se] to the medical
problem that was presented to Dr. Jarcia and Dra.
Bastan?
A: I would say at that stage, yes. Because they have
presented the patient and the history. “At sabi nila,
nadaanan lang po ito.” And then, considering their
year of residency they are still junior residents, and
they are not also orthopedic residents but general
surgery residents, it’s entirely different thing.
Because if you are an orthopedic resident, I am not

trying to say…but if I were an orthopedic resident,
there would be more precise and accurate decision
compare to a general surgery resident in so far as
involved.
Q: You mean to say there is no supervisor attending
the emergency room?
348

ANNOTATED
Jarcia vs. People
A: At the emergency room, at the Manila Doctor’s

Hospital, the supervisor there is a consultant that
usually comes from a family medicine. They see
where a certain patient have to go and then if they
cannot manage it, they refer it to the consultant on
duty. Now at that time, I don’t [know] why they
don’t….Because at that time, I think, it is the
decision. Since the x-rays….
Ordinarily, only physicians and surgeons of skill and
experience are competent to testify as to whether a patient
has been treated or operated upon with a reasonable degree
of skill and care. However, testimony as to the statements
and acts of physicians, external appearances, and manifest
conditions which are observable by any one may be given by
non-expert witnesses. Hence, in cases where the res ipsa
loquitur is applicable, the court is permitted to find a
physician negligent upon proper proof of injury to the
patient, without the aid of expert testimony, where the
court from its fund of common knowledge can determine the
proper standard of care. Where common knowledge and
experience teach that a resulting injury would not have
occurred to the patient if due care had been exercised, an
inference of negligence may be drawn giving rise to an
application of the doctrine of res ipsa loquitur without

medical evidence, which is ordinarily required to show not
only what occurred but how and why it occurred. In the case
at bench, we give credence to the testimony of Mrs.
Santiago by applying the doctrine of res ipsa loquitur.
Res ipsa loquitur is not a rigid or ordinary doctrine to be
perfunctorily used but a rule to be cautiously applied,
depending upon the circumstances of each case. It is
generally restricted to situations in malpractice cases where
a layman is able to say, as a matter of common knowledge
and observation, that the consequences of professional care
were not as such as would ordinarily have followed if due
care had been exercised. A distinction must be made
between the failure to secure results and the occurrence of
something more unusual and not ordinarily found if the
service or treatment rendered followed the usual procedure
of those skilled in that particular practice. The latter
circumstance is the primordial issue that confronted this
Court and we find application of the doctrine of res ipsa
loquitur to be in order.
WHEREFORE, in view of the foregoing, the appeal in
this case is hereby DISMISSED and the assailed decision
of the trial
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Jarcia vs. People
court finding accused-appellants guilty beyond

reasonable doubt of simple imprudence resulting
in serious physical injuries is hereby
AFFIRMED in toto.
SO ORDERED.”8
The petitioners filed a motion for

reconsideration, but it was denied by the CA in
its May 19, 2009 Resolution.

Hence, this petition.
The petitioners pray for the reversal of the
decision of both the RTC and the CA anchored
on the following
“GROUNDS
1. IN AFFIRMING ACCUSED-
PETITIONERS’ CONVICTION, THE COURT OF
APPEALS ERRED IN NOT HOLDING THAT
THE ACTUAL, DIRECT, IMMEDIATE, AND
PROXIMATE CAUSE OF THE PHYSICAL
INJURY OF THE PATIENT (FRACTURE OF
THE LEG BONE OR TIBIA), WHICH REQUIRED
MEDICAL ATTENDANCE FOR MORE THAN
THIRTY (30) DAYS AND INCAPACITATED HIM
FROM PERFORMING HIS CUSTOMARY DUTY
DURING THE SAME PERIOD OF TIME, WAS
THE VEHICULAR ACCIDENT WHERE THE
PATIENT’S RIGHT LEG WAS HIT BY A TAXI,
NOT THE FAILURE OF THE ACCUSED-
PETITIONERS TO SUBJECT THE PATIENT’S
WHOLE LEG TO AN X-RAY EXAMINATION.
2. THE COURT OF APPEALS ERRED IN
DISREGARDING ESTABLISHED FACTS
CLEARLY NEGATING PETITIONERS’
ALLEGED NEGLIGENCE OR IMPRUDENCE.
SIGNIFICANTLY, THE COURT OF APPEALS
UNJUSTIFIABLY DISREGARDED THE
OPINION OF THE PROSECUTION’S EXPERT
WITNESS, DR. CIRILO TACATA, THAT
PETITIONERS WERE NOT GUILTY OF
NEGLIGENCE OR IMPRUDENCE
COMPLAINED OF.
HOLDING THAT THE FAILURE OF
PETITIONERS TO SUBJECT THE
_______________
8 Id., at pp. 58-65.
350

Jarcia vs. People
PATIENT’S WHOLE LEG TO AN X-RAY

EXAMINATION PROLONGED THE PAIN AND
SUFFERING OF THE PATIENT, SUCH
CONCLUSION BEING UNSUPPORTED BY, AND
EVEN CONTRARY TO, THE EVIDENCE ON
RECORD.
4. ASSUMING ARGUENDO THAT THE
PATIENT EXPERIENCED PROLONGED PAIN
AND SUFFERING, THE COURT OF APPEALS
ERRED IN NOT HOLDING THAT THE
ALLEGED PAIN AND SUFFERING WERE DUE
TO THE UNJUSTIFIED FAILURE OF THE
PATIENT’S MOTHER, A NURSE HERSELF, TO
IMMEDIATELY BRING THE PATIENT BACK
TO THE HOSPITAL, AS ADVISED BY THE
PETITIONERS, AFTER HE COMPLAINED OF
SEVERE PAIN IN HIS RIGHT LEG WHEN HE
REACHED HOME AFTER HE WAS SEEN BY
PETITIONERS AT THE HOSPITAL. THUS, THE
PATIENT’S ALLEGED INJURY (PROLONGED
PAIN AND SUFFERING) WAS DUE TO HIS
OWN MOTHER’S ACT OR OMISSION.
NOT HOLDING THAT NO PHYSICIAN-
PATIENT RELATIONSHIP EXISTED BETWEEN
PETITIONERS AND PATIENT ALFONSO
SANTIAGO, JR., PETITIONERS NOT BEING
THE LATTER’S ATTENDING PHYSICIAN AS
THEY WERE MERELY REQUESTED BY THE
EMERGENCY ROOM (ER) NURSE TO SEE THE

PATIENT WHILE THEY WERE PASSING BY
THE ER FOR THEIR LUNCH.
6. THE COURT OF APPEALS GRAVELY
ERRED IN NOT ACQUITTING ACCUSED-
PETITIONERS OF THE CRIME CHARGED.”9
The foregoing can be synthesized into two

basic issues: whether or not the doctrine of res
ipsa loquitur is applicable in this case; and
whether or not the petitioners are liable for
criminal negligence.
_______________
9 Id., at pp. 20-22.
351
VOL. 666, FEBRUARY 15, 2012 351

Jarcia vs. People
The Court’s Ruling

The CA is correct in finding that there was
negligence on the part of the petitioners. After a
perusal of the records, however, the Court is not
convinced that the petitioners are guilty of
criminal negligence complained of. The Court is
also of the view that the CA erred in applying
the doctrine of res ipsa loquitur in this particular
case.
As to the Application of the
Doctrine of Res Ipsa Loquitur
This doctrine of res ipsa loquitur means
“Where the thing which causes injury is shown
to be under the management of the defendant,
and the accident is such as in the ordinary
course of things does not happen if those who

have the management use proper care, it affords
reasonable evidence, in the absence of an
explanation by the defendant, that the accident
arose from want of care.” The Black’s Law
Dictionary defines the said doctrine. Thus:
“The thing speaks for itself. Rebuttable

presumption or inference that defendant was
negligent, which arises upon proof that the
instrumentality causing injury was in defendant’s
exclusive control, and that the accident was one which
ordinarily does not happen in absence of negligence.
Res ipsa loquitur is a rule of evidence whereby
negligence of the alleged wrongdoer may be inferred
from the mere fact that the accident happened
provided the character of the accident and
circumstances attending it lead reasonably to belief
that in the absence of negligence it would not have
occurred and that thing which caused injury is shown
to have been under the management and control of
the alleged wrongdoer. Under this doctrine, the
happening of an injury permits an inference of
negligence where plaintiff produces substantial
evidence that the injury was caused by an agency or
instrumentality under the exclusive control and
management of defendant, and that the occurrence
was such that in the
352

Jarcia vs. People
ordinary course of things would not happen if

reasonable care had been used.”10
The doctrine of res ipsa loquitur as a rule of

evidence is unusual to the law of negligence
which recognizes that prima facie negligence
may be established without direct proof and
furnishes a substitute for specific proof of
negligence. The doctrine, however, is not a rule
of substantive law, but merely a mode of proof or
a mere procedural convenience. The rule, when
applicable to the facts and circumstances of a
given case, is not meant to and does not dispense
with the requirement of proof of culpable
negligence on the party charged. It merely
determines and regulates what shall be prima
facie evidence thereof and helps the plaintiff in
proving a breach of the duty. The doctrine can be
invoked when and only when, under the
circumstances involved, direct evidence is absent
and not readily available.11
The requisites for the application of the
doctrine of res ipsa loquitur are: (1) the accident
was of a kind which does not ordinarily occur
unless someone is negligent; (2) the
instrumentality or agency which caused the
injury was under the exclusive control of the
person in charge; and (3) the injury suffered
must not have been due to any voluntary action
or contribution of the person injured.12
In this case, the circumstances that caused
patient Roy Jr.’s injury and the series of tests
that were supposed to be undergone by him to
determine the extent of the injury suffered were
not under the exclusive control of Drs. Jarcia
and Bastan. It was established that they are
mere residents of the Manila Doctors Hospital at
that time who attended to the
_______________
10 Also quoted in the case of Layugan v. Intermediate

Appellate Court, 249 Phil. 363, 377; 167 SCRA 363, 376
(1988).
11 Dr. Batiquin v. Court of Appeals, supra note 1, at pp.
979-980.
12 Reyes v. Sisters of Mercy Hospital, 396 Phil. 87, 98; 341
SCRA 760, 771 (2000).
353
VOL. 666, FEBRUARY 15, 2012 353

Jarcia vs. People
victim at the emergency room.13 While it may be

true that the circumstances pointed out by the
courts below seem doubtless to constitute
reckless imprudence on the part of the
petitioners, this conclusion is still best achieved,
not through the scholarly assumptions of a
layman like the patient’s mother, but by the
unquestionable knowledge of expert witness/es.
As to whether the petitioners have exercised the
requisite degree of skill and care in treating
patient Roy, Jr. is generally a matter of expert
opinion.
As to Dr. Jarcia and
Dr. Bastan’s negligence
The totality of the evidence on record clearly
points to the negligence of the petitioners. At the
risk of being repetitious, the Court, however, is
not satisfied that Dr. Jarcia and Dr. Bastan are
criminally negligent in this case.
Negligence is defined as the failure to observe
for the protection of the interests of another
person that degree of care, precaution, and
vigilance which the circumstances justly
demand, whereby such other person suffers

injury.14
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.15
The elements of simple negligence are: (1)
that there is lack of precaution on the part of the
offender, and (2) that the damage impending to
be caused is not immediate or the danger is not
clearly manifest.16
_______________
13 TSN, September 20, 2004, p. 13.
14 Gaid v. People, G.R. No. 171636, April 7, 2009, 584
SCRA 489, 497.
15 Id., at p. 495.
16 Id., at p. 497.
354

ANNOTATED
Jarcia vs. People
In this case, the Court is not convinced with

moral certainty that the petitioners are guilty of
reckless imprudence or simple negligence. The
elements thereof were not proved by the
prosecution beyond reasonable doubt.
The testimony of Dr. Cirilo R. Tacata (Dr.
Tacata), a specialist in pediatric orthopedic,
although pointing to some medical procedures
that could have been done by Dr. Jarcia and Dr.
Bastan, as physicians on duty, was not clear as

to whether the injuries suffered by patient Roy
Jr. were indeed aggravated by the petitioners’
judgment call and their diagnosis or
appreciation of the condition of the victim at the
time they assessed him. Thus:
Q: Will you please tell us, for the record, doctor, what is
your specialization?
A: At present I am the chairman department of
orthopedic in UP-PGH and I had special training in
pediatric orthopedic for two (2) years.
Q: In June 1998, doctor, what was your position and
what was your specialization at that time?
A: Since 1980, I have been specialist in pediatric
orthopedic.
Q: When Alfonso Santiago, Jr. was brought to you by his
mother, what did you do by way of physicians as first
step?
A: As usual, I examined the patient physically and, at
that time as I have said, the patient could not walk so
I [began] to suspect that probably he sustained a
fracture as a result of a vehicular accident. So I
examined the patient at that time, the involved leg, I
don’t know if that is left or right, the involved leg
then was swollen and the patient could not walk, so I
requested for the x-ray of [the] lower leg.
Q: What part of the leg, doctor, did you request to be
examined?
A: If we refer for an x-ray, usually, we suspect a
fracture whether in approximal, middle or
lebistal tinial, we usually x-ray the entire
extremity.
355
VOL. 666, FEBRUARY 15, 2012 355

Jarcia vs. People
Q: And what was the result?

A: Well, I can say that it was a spiral fracture of the
mid-tibial, it is the bigger bone of the leg.
Q: And when you say spiral, doctor, how long was this
fracture?
A: When we say spiral, it is a sort of letter S, the length
was about six (6) to eight (8) centimeters.
Q: Mid-tibial, will you please point to us, doctor, where
the tibial is?
(Witness pointing to his lower leg)
A: The tibial is here, there are two bones here, the
bigger one is the tibial and the smaller one is the
fibula. The bigger one is the one that get fractured.
Q: And in the course of your examination of Alfonso
Santiago, Jr. did you ask for the history of such
injury?
A: Yes, actually, that was a routine part of our
examination that once a patient comes in, before we
actually examine the patient, we request for a
detailed history. If it is an accident, then, we request
for the exact mechanism of injuries.
Q: And as far as you can recall, Doctor, what was the
history of that injury that was told to you?
A: The patient was sideswiped, I don’t know if it is a car,
but it is a vehicular accident.
Q: Who did you interview?
A: The mother.
Q: How about the child himself, Alfonso Santiago, Jr.?
A: Normally, we do not interview the child because,
usually, at his age, the answers are not accurate. So,
it was the mother that I interviewed.
Q: And were you informed also of his early medication
that was administered on Alfonso Santiago, Jr.?
A: No, not actually medication. I was informed that this
patient was seen initially at the emergency room by
the two (2) physicians that you just mentioned, Dr.
Jarcia and Dra. Bastan, that time who happened to
be my residents who were [on] duty at the emergency

room.
356

Jarcia vs. People
x x x x
A: At the emergency room, at the Manila Doctor’s
Hospital, the supervisor there is a consultant that
usually comes from a family medicine. They see
where a certain patient have to go and then if they
cannot manage it, they refer it to the consultant on
duty. Now at that time, I don’t why they don’t …
Because at that time, I think, it is the decision. Since
the x-rays…
x x x x
Q: You also said, Doctor, that Dr. Jarcia and Dra.
Bastan are not even an orthopedic specialist.
A: They are general surgeon residents. You have
to man[x] the emergency room, including
neurology, orthopedic, general surgery, they
see everything at the emergency room.
x x x x
Q: But if initially, Alfonso Santiago, Jr. and his
case was presented to you at the emergency
room, you would have subjected the entire foot
to x-ray even if the history that was given to Dr.
Jarcia and Dra. Bastan is the same?
A: I could not directly say yes, because it would
still depend on my examination, we cannot
subject the whole body for x-ray if we think
that the damaged was only the leg.
Q: Not the entire body but the entire leg?
A: I think, if my examination requires it, I would.
Q: So, you would conduct first an examination?
A: Yes, sir.
Q: And do you think that with that examination

that you would have conducted you would
discover the necessity subjecting the entire foot
for x-ray?
A: It is also possible but according to them, the
foot and the ankle were swollen and not the leg,
which sometimes normally happens that the
actual fractured bone do not get swollen.
x x x x
357
VOL. 666, FEBRUARY 15, 2012 357

Jarcia vs. People
Q: Doctor, if you know that the patient sustained

a fracture on the ankle and on the foot and the
history that was told to you is the region that
was hit is the region of the foot, will the doctor
subject the entire leg for x-ray?
A: I am an orthopedic surgeon, you have to
subject an x-ray of the leg. Because you have to
consider the kind of fracture that the patient
sustained would you say the exact mechanism
of injury. For example spiral, “paikot yung bale
nya,” so it was possible that the leg was run
over, the patient fell, and it got twisted. That’s
why the leg seems to be fractured.17 [Emphases
supplied]
It can be gleaned from the testimony of Dr.

Tacata that a thorough examination was not
performed on Roy Jr. As residents on duty at the
emergency room, Dr. Jarcia and Dr. Bastan were
expected to know the medical protocol in
treating leg fractures and in attending to victims
of car accidents. There was, however, no precise
evidence and scientific explanation pointing to
the fact that the delay in the application of the

cast to the patient’s fractured leg because of
failure to immediately diagnose the specific
injury of the patient, prolonged the pain of the
child or aggravated his condition or even caused
further complications. Any person may opine
that had patient Roy Jr. been treated properly
and given the extensive X-ray examination, the
extent and severity of the injury, spiral fracture
of the mid-tibial part or the bigger bone of the
leg, could have been detected early on and the
prolonged pain and suffering of Roy Jr. could
have been prevented. But still, that opinion,
even how logical it may seem would not, and
could not, be enough basis to hold one criminally
liable; thus, a reasonable doubt as to the
petitioners’ guilt.
Although the Court sympathizes with the
plight of the mother and the child in this case,
the Court is bound by the
_______________
17 TSN, September 20, 2004, pp. 9-24.
358

ANNOTATED
Jarcia vs. People
dictates of justice which hold inviolable the right

of the accused to be presumed innocent until
proven guilty beyond reasonable doubt. The
Court, nevertheless, finds the petitioners civilly
liable for their failure to sufficiently attend to
Roy Jr.’s medical needs when the latter was
rushed to the ER, for while a criminal conviction

requires proof beyond reasonable doubt, only a
preponderance of evidence is required to
establish civil liability. Taken into account also
was the fact that there was no bad faith on their
part.
Dr. Jarcia and Dr. Bastan cannot pass on the
liability to the taxi driver who hit the victim. It
may be true that the actual, direct, immediate,
and proximate cause of the injury (fracture of
the leg bone or tibia) of Roy Jr. was the
vehicular accident when he was hit by a taxi.
The petitioners, however, cannot simply invoke
such fact alone to excuse themselves from any
liability. If this would be so, doctors would have
a ready defense should they fail to do their job in
attending to victims of hit-and-run,
maltreatment, and other crimes of violence in
which the actual, direct, immediate, and
proximate cause of the injury is indubitably the
act of the perpetrator/s.
In failing to perform an extensive medical
examination to determine the extent of Roy Jr.’s
injuries, Dr. Jarcia and Dr. Bastan were remiss
of their duties as members of the medical
profession. Assuming for the sake of argument
that they did not have the capacity to make such
thorough evaluation at that stage, they should
have referred the patient to another doctor with
sufficient training and experience instead of
assuring him and his mother that everything
was all right.
This Court cannot also stamp its imprimatur
on the petitioners’ contention that no physician-
patient relationship existed between them and
patient Roy Jr., since they were not his
attending physicians at that time. They claim
that they were merely requested by the ER

nurse to see the patient while they were passing
by the ER for their lunch. Firstly, this issue was
never raised during the trial at the RTC or
359
VOL. 666, FEBRUARY 15, 2012 359

Jarcia vs. People
even before the CA. The petitioners, therefore,

raise the want of doctor-patient relationship for
the first time on appeal with this Court. It has
been settled that “issues raised for the first time
on appeal cannot be considered because a party
is not permitted to change his theory on appeal.
To allow him to do so is unfair to the other party
and offensive to the rules of fair play, justice and
due process.”18 Stated differently, basic
considerations of due process dictate that
theories, issues and arguments not brought to
the attention of the trial court need not be, and
ordinarily will not be, considered by a reviewing
court.19
Assuming again for the sake of argument that
the petitioners may still raise this issue of “no
physician–patient relationship,” the Court finds
and so holds that there was a “physician–
patient” relationship in this case.
In the case of Lucas v. Tuaño,20 the Court
wrote that “[w]hen a patient engages the
services of a physician, a physician-patient
relationship is generated. And in accepting a
case, the physician, for all intents and purposes,
represents that he has the needed training and
skill possessed by physicians and surgeons
practicing in the same field; and that he will

employ such training, care, and skill in the
treatment of the patient. Thus, in treating his
patient, a physician is under a duty to exercise
that degree of care, skill and diligence which
physicians in the same general neighborhood
and in the same general line of practice
ordinarily possess and exercise in like cases.
Stated otherwise, the physician has the
obligation to use at least the same level of care
that any other reasonably competent physician
would use to treat the condition under similar
circumstances.”
_______________
18 Balitaosan v. The Secretary of Education, 457 Phil.
300, 304; 410 SCRA 233, 235-236 (2003).
19 Del Rosario v. Bonga, 402 Phil. 949, 957-958; 350
SCRA 101, 108 (2001).
20 G.R. No. 178763, April 21, 2009, 586 SCRA 173, 200.
360

ANNOTATED
Jarcia vs. People
Indubitably, a physician-patient relationship

exists between the petitioners and patient Roy
Jr. Notably, the latter and his mother went to
the ER for an immediate medical attention. The
petitioners allegedly passed by and were
requested to attend to the victim (contrary to the
testimony of Dr. Tacata that they were, at that
time, residents on duty at the ER).21 They obliged
and examined the victim, and later assured the
mother that everything was fine and that they

could go home. Clearly, a physician-patient
relationship was established between the
petitioners and the patient Roy Jr.
To repeat for clarity and emphasis, if these
doctors knew from the start that they were not
in the position to attend to Roy Jr., a vehicular
accident victim, with the degree of diligence and
commitment expected of every doctor in a case
like this, they should have not made a baseless
assurance that everything was all right. By
doing so, they deprived Roy Jr. of adequate
medical attention that placed him in a more
dangerous situation than he was already in.
What petitioners should have done, and could
have done, was to refer Roy Jr. to another doctor
who could competently and thoroughly examine
his injuries.
All told, the petitioners were, indeed,
negligent but only civilly, and not criminally,
liable as the facts show.
Article II, Section 1 of the Code of Medical
Ethics of the Medical Profession in the
Philippines states:
“A physician should attend to his patients

faithfully and conscientiously. He should secure for
them all possible benefits that may depend upon his
professional skill and care. As the sole tribunal to
adjudge the physician’s failure to fulfill his obligation
to his patients is, in most cases, his own conscience,
violation of this rule on his part is discreditable and
inexcusable.”22
_______________
21 TSN, September 20, 2004, p. 13.
22 As quoted in the case of Ruñez, Jr. v. Jurado, 513 Phil.

101, 106; 477 SCRA 1, 7 (2005).
361
VOL. 666, FEBRUARY 15, 2012 361

Jarcia vs. People
Established medical procedures and practices,

though in constant instability, are devised for
the purpose of preventing complications. In this
case, the petitioners failed to observe the most
prudent medical procedure under the
circumstances to prevent the complications
suffered by a child of tender age.
As to the Award of Damages
While no criminal negligence was found in the
petitioners’ failure to administer the necessary
medical attention to Roy Jr., the Court holds
them civilly liable for the resulting damages to
their patient. While it was the taxi driver who
ran over the foot or leg of Roy Jr., their
negligence was doubtless contributory.
It appears undisputed that the amount of
P3,850.00, as expenses incurred by patient Roy
Jr., was adequately supported by receipts. The
Court, therefore, finds the petitioners liable to
pay this amount by way of actual damages.
The Court is aware that no amount of
compassion can suffice to ease the sorrow felt by
the family of the child at that time. Certainly,
the award of moral and exemplary damages in
favor of Roy Jr. in the amount of P100,000.00
and P50,000.00, respectively, is proper in this
case.
It is settled that moral damages are not

punitive in nature, but are designed to
compensate and alleviate in some way the
physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation,
wounded feelings, moral shock, social
humiliation, and similar injury unjustly inflicted
on a person. Intended for the restoration of the
psychological or emotional status quo ante, the
award of moral damages is designed to
compensate emotional injury suffered, not to
impose a penalty on the wrongdoer.23
_______________
23 Quezon City Govt. v. Dacara, 499 Phil. 228, 243; 460
SCRA 243, 255-256 (2005).
362

ANNOTATED
Jarcia vs. People
The Court, likewise, finds the petitioners also

liable for exemplary damages in the said
amount. Article 2229 of the Civil Code provides
that exemplary damages may be imposed by way
of example or correction for the public good.
WHEREFORE, the petition is PARTLY
GRANTED. The Decision of the Court of Appeals
dated August 29, 2008 is REVERSED and SET
ASIDE. A new judgment is entered
ACQUITTING Dr. Emmanuel Jarcia, Jr. and
Dr. Marilou Bastan of the crime of reckless
imprudence resulting to serious physical injuries
but declaring them civilly liable in the amounts

of:
(1) P3,850.00 as actual damages;
(2) P100,000.00 as moral damages;
(3) P50,000.00 as exemplary damages; and
(4) Costs of the suit.
with interest at the rate of 6% per annum
from the date of the filing of the Information.
The rate shall be 12% interest per annum from
the finality of judgment until fully paid.
SO ORDERED.
Carpio,** Peralta,*** Abad and Perez,**** JJ.,

concur.
Petition partly granted, judgment reversed

and set aside.
Notes.—For lack of a specific law geared

towards the type of negligence committed by
members of the medical profes-
_______________
** Designated as additional member in lieu of Associate
Justice Presbitero J. Velasco, Jr., per Special Order No. 1185
dated February 10, 2012.
*** Designated as Acting Chairperson, per Special Order
No. 1184 dated February 10, 2012.
**** Designated as additional member in lieu of
Associate Justice Estela M. Perlas-Bernabe, per Special
Order No. 1192 dated February 10, 2012.
363
VOL. 666, FEBRUARY 15, 2012 363

Jarcia vs. People
sion, such claim for damages is almost always

anchored on the alleged violation of Article 2176
of the Civil Code; In medical negligence cases,
also called medical malpractice suits, there exist
a physician-patient relationship between the
doctor and the victim. (Lucas vs. Tuaño, 586
SCRA 173 [2009])
Res ipsa loquitur is not a rigid or ordinary
doctrine to be perfunctorily used but a rule to be
cautiously applied, depending upon the
circumstances of each case. (Bontilao vs. Gerona,
630 SCRA 561 [2010])
Court holds that prosecutions under Article
365 should proceed from a single charge
regardless of the number or severity of the
consequences; There shall be no splitting of
charges under Article 365, and only one
information shall be filed in the same first level
court. (Ivler vs. Modesto-San Pedro, 635 SCRA
191 [2010])
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9/3/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 666

G.R. No. 187926. February 15, 2012.*

DR. EMMANUEL JARCIA, JR. and DR.

Civil Law; Quasi-Delicts; Res Ipsa Loquitor; The

whereby negligence of the alleged wrongdoer may be

VOL. 666, FEBRUARY 15, 2012 337

Jarcia vs. People

fact that the accident happened provided the

specific proof of negligence. The doctrine, however, is

338 SUPREME COURT REPORTS ANNOTATED

Jarcia vs. People

vigilance which the circumstances justly demand,

Same; Same; “Reckless Imprudence,” Defined;

physician-patient relationship existed between them

VOL. 666, FEBRUARY 15, 2012 339

Jarcia vs. People

“[w]hen a patient engages the services of a physician,

340 SUPREME COURT REPORTS ANNOTATED

Jarcia vs. People

the purpose of preventing complications. In this case,

punitive in nature, but are designed to compensate

VOL. 666, FEBRUARY 15, 2012 341

Jarcia vs. People

ages in the said amount. Article 2229 of the Civil Code

PETITION for review on certiorari of the

Even early on, patients have consigned their lives to

This is a petition for review under Rule 45 of

342 SUPREME COURT REPORTS

Physical Injuries. The decretal portion of the

“WHEREFORE, premises considered, the Court

VOL. 666, FEBRUARY 15, 2012 343

DENCE RESULTING TO SERIOUS PHYSICAL

The RTC explained:

“After a thorough and in depth evaluation of the

criminally responsible. The Court believes that accused are

344 SUPREME COURT REPORTS

Dissatisfied, the petitioners appealed to the

“This Court holds concurrently and finds the

his patient. The connection between the negligence

VOL. 666, FEBRUARY 15, 2012 345

vening cause, produces the injury and without which

the part of the person who controls the

346 SUPREME COURT REPORTS

Q: Was there a resident doctor [who] came?

A: I told her, sir, while she was cleaning the wounds of

VOL. 666, FEBRUARY 15, 2012 347

In the above requisites, the fundamental element is the

Because if you are an orthopedic resident, I am not

348 SUPREME COURT REPORTS

A: At the emergency room, at the Manila Doctor’s

application of the doctrine of res ipsa loquitur without

VOL. 666, FEBRUARY 15, 2012 349

court finding accused-appellants guilty beyond

The petitioners filed a motion for

its May 19, 2009 Resolution.

350 SUPREME COURT REPORTS ANNOTATED

PATIENT’S WHOLE LEG TO AN X-RAY

EMERGENCY ROOM (ER) NURSE TO SEE THE

The foregoing can be synthesized into two

Carpio, Peralta,* Abad and Perez,**** JJ.,