Corporate Law Case Digest:Professional Services, Inc V. CA (2010)
Corporate Law Case Digest:Professional Services, Inc V. CA (2010)
Corporate Law Case Digest:Professional Services, Inc V. CA (2010)
February 2, 2010
Enrique Agana told his wife Natividad Agana to go look for their neighbor, Dr. Ampil, a surgeon staff
member of Medical City, a prominent and known hospital
Natividad suffered from injury due to 2 gauges left inside her body so they sued Professional Inc.
(PSI)
Despite, the report of 2 missing gauzes after the operation PSI did NOT initiate an investigation
While PSI had no power to control the means/method by which Dr. Ampil conducted the surgery on
Natividad, they had the power to review or cause the review
PSI had the duty to tread on as captain of the ship for the purpose of ensuing the safety of the patients
availing themselves of its services and facilities
Admission bars itself from arguing that its corp. resp. is NOT yet in existence at the time Natividad
underwent treatment
NOTE:
Liability unique to this case because of implied agency and admitted corporate duty
functions. Manila Memorial even retained the right to control the performance of the work of the
employees concerned.
The NLRC also found that Ward Tradings business documents fell short of sound business practices.
For failing to register as a contractor, a presumption arises that one is engaged in labor-only
contracting unless the contractor overcomes the burden of proving that it has substantial capital,
investment, tools and the like.