40-Cabugao vs. PP

9/3/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 731
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G.R. No. 163879. July 30, 2014.*

DR. ANTONIO P. CABUGAO, petitioner, vs.
PEOPLE OF THE PHILIPPINES and
SPOUSES RODOLFO M. PALMA and
ROSARIO F. PALMA, respondents.
G.R. No. 165805. July 30, 2014.*
DR. CLENIO YNZON, petitioner, vs. PEOPLE

OF THE PHILIPPINES and SPOUSES
RODOLFO M. PALMA and ROSARIO F.
PALMA, respondents.
Criminal Law; Reckless Imprudence; 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.—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 of reckless 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 reckless imprudence; and (5) that there is
inexcusable lack of precaution on the part of the
offender, taking into consideration his employment or
www.central.com.ph/sfsreader/session/00000174549808989aad00e6003600fb002c009e/t/?o=False 1/41
occupation, degree of intelligence, physical condition,

and other circumstances regarding persons, time and
place.
Remedial Law; Evidence; Expert Witnesses;
Whether a physician or surgeon has exercised the
requisite degree of skill and care in the treatment of
his patient is, in the generality of cases, a matter of
expert opinion.—Verily, whether a physician or
surgeon has exercised the requisite degree of skill and
care in the treatment of his patient is, in the
generality of cases, a matter of expert opinion. The
deference of courts to the expert opinions of qualified
physicians stems from its realization that the latter
possess unusual technical skills which laymen in most
instances are incapable of intelligently
_______________
* THIRD DIVISION.
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Cabugao vs. People
evaluating. From the testimonies of the expert

witnesses presented, it was irrefutably proven that
Dr. Ynzon failed to practice that degree of skill and
care required in the treatment of his patient.
Criminal Law; Reckless Imprudence; Among the
elements constitutive of reckless imprudence, what
perhaps is most central to a finding of guilt is the
conclusive determination that the accused has
exhibited, by his voluntary act without malice, an
inexcusable lack of precaution.—Among the elements
constitutive of reckless imprudence, what perhaps is

most central to a finding of guilt is the conclusive
determination that the accused has exhibited, by his
voluntary act without malice, an inexcusable lack of
precaution. It is that which supplies the criminal
intent so indispensable as to bring an act of mere
negligence and imprudence under the operation of the
penal law. This is because a conscious indifference to
the consequences of the conduct is all that is required
from the standpoint of the frame of mind of the
accused. Quasi-offenses penalize the mental attitude
or condition behind the act, the dangerous
recklessness, the lack of care or foresight, the
“imprudencia punible,” unlike willful offenses which
punish the intentional criminal act. This is precisely
where this Court found Dr. Ynzon to be guilty of —
his seemingly indifference to the deteriorating
condition of JR that he as a consequence, failed to
exercise lack of precaution which eventually led to
JR’s death.
Same; Actions; Prosecution of Offenses; Every
criminal conviction requires of the prosecution to prove
two things — the fact of the crime, i.e., the presence of
all the elements of the crime for which the accused
stands charged, and the fact that the accused is the
perpetrator of the crime.—Every criminal conviction
requires of the prosecution to prove two things — the
fact of the crime, i.e., the presence of all the elements
of the crime for which the accused stands charged,
and the fact that the accused is the perpetrator of the
crime. Based on the above disquisitions, however, the
prosecution failed to prove these two things. The
Court is not convinced with moral certainty that Dr.
Cabugao is guilty of reckless imprudence as the
elements thereof were not proven by the prosecution
beyond a reasonable doubt.
216
216 SUPREME COURT REPORTS ANNOTATED
Cabugao vs. People
Same; Death of the Accused; In People v. Bayotas,

236 SCRA 239 (1994), the Supreme Court (SC) laid
down the rules in case the accused dies prior to final
judgment.—While this case is pending appeal, counsel
for petitioner Dr. Ynzon informed the Court that the
latter died on December 23, 2011 due to “multi-organ
failure” as evidenced by a copy of death certificate.
Thus, the effect of death, pending appeal of his
conviction of petitioner Dr. Ynzon with regard to his
criminal and pecuniary liabilities should be in
accordance to People v. Bayotas, 236 SCRA 239 (1994),
wherein the Court laid down the rules in case the
accused dies prior to final judgment: 1. Death of the
accused pending appeal of his conviction extinguishes
his criminal liability as well as the civil liability based
solely thereon. As opined by Justice Regalado, in this
regard, “the death of the accused prior to final
judgment terminates his criminal liability and only
the civil liability directly arising from and based solely
on the offense committed, i.e., civil liability ex delicto
in senso strictiore.” 2. Corollarily, the claim for
civil liability survives notwithstanding the death
of accused, if the same may also be predicated on
a source of obligation other than delict. Article
1157 of the Civil Code enumerates these other
sources of obligation from which the civil
liability may arise as a result of the same act or
omission: a) Law b) Contracts c) Quasi-contracts
d) x x x x x x x x x e) Quasi-delicts 3. Where the
civil liability survives, as explained in Number 2
above, an action for recovery therefor may be

pursued but only by way of filing a separate civil
action and subject to Section 1, Rule 111 of the
1985 Rules on Criminal Procedure as amended.
This separate civil action may be enforced either
against the executor/administrator or the estate
of the accused, depending on the source of
obligation upon which the same is based as
explained above. 4. Finally, the private offended
party need not fear a forfeiture of his right to file this
separate civil action by prescription, in cases where
during the prosecution of the criminal action and
prior to its extinction, the private-offended party
instituted together therewith the civil action. In such
case, the statute of limitations on the civil liability is
deemed interrupted during the pendency of the
criminal case, conformably with provisions of Article
1155 of the Civil Code, that should thereby avoid any
apprehension on a possible privation of right by
prescription.
217
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Cabugao vs. People
Same; Same; The death of the accused Dr. Ynzon

pending appeal of his conviction extinguishes his
criminal liability.—It is clear that the death of the
accused Dr. Ynzon pending appeal of his conviction
extinguishes his criminal liability. However, the
recovery of civil liability subsists as the same is not
based on delict but by contract and the reckless
imprudence he was guilty of under Article 365 of the
Revised Penal Code. For this reason, a separate civil
action may be enforced either against the
executor/administrator or the estate of the accused,

depending on the source of obligation upon which the
same is based, and in accordance with Section 4, Rule
111 of the Rules on Criminal Procedure.
Same; Damages; Independent Civil Action; Upon
the extinction of the criminal liability and the offended
party desires to recover damages from the same act or
omission complained of, the party may file a separate
civil action based on the other sources of obligation in
accordance with Section 4, Rule 111.—Upon the
extinction of the criminal liability and the offended
party desires to recover damages from the same act or
omission complained of, the party may file a separate
civil action based on the other sources of obligation in
accordance with Section 4, Rule 111. If the same act
or omission complained of arises from quasi-delict, as
in this case, a separate civil action must be filed
against the executor or administrator of the estate of
the accused, pursuant to Section 1, Rule 87 of the
Rules of Court.
PETITIONS for review on certiorari of a decision

of the Court of Appeals.
The facts are stated in the opinion of the
Court.
Alexander G. Castro for petitioner Dr.
Cabugao.
Arthur Autea & Associates for petitioner Dr.
Clenio Ynzon.
Rodolfo M. Palma for private respondents.
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218 SUPREME COURT REPORTS

ANNOTATED
Cabugao vs. People
PERALTA, J.:
Before this Court are appeals via Rule 45
from the Decision1 dated June 4, 2004 of the
Court of Appeals in C.A.-G.R. CR No. 27293,
affirming the Decision2 dated February 28, 2003
of the Regional Trial Court (RTC), convicting
petitioners Dr. Antonio P. Cabugao (Dr.
Cabugao) and Dr. Clenio Ynzon (Dr. Ynzon) of
the crime of Reckless Imprudence Resulting to
Homicide.
The Information3 alleged —
That on or about June 17, 2000 in the City of

Dagupan, Philippines, and within the jurisdiction of
this Honorable Court, the above named accused, DR.
ANTONIO P. CABUGAO and DR. CLENIO YNZON,
being then the attending physicians of one RODOLFO
PALMA, JR., a minor 10 years old, confederating and
acting jointly with one another, did, then and there,
willfully, unlawfully and feloniously fail through
negligence, carelessness and imprudence to perform
immediate operation upon their patient, RODOLFO
PALMA, JR. of acute appendicitis, when they, the
said physicians, should have been done so considering
that examinations conducted upon their patient
Rodolfo Palma, Jr. seriously manifest to do so, causing
by such negligence, carelessness, and imprudence the
victim, RODOLFO PALMA, JR., to die due to:
“CARDIORESPIRATORY ARREST, METABOLIC
ENCEPHALOPATHY, SEPTICEMIA (ACUTE
APPENDICITIS), CEREBRAL ANEURYSM
RUPTURED (?)”
_______________
1 Penned by Associate Justice Martin S. Villarama, Jr. (now a
member of the Supreme Court), with Associate Justices Regalado E.
Maambong and Lucenito N. Tagle, concurring; Rollo (G.R. No.

163879), pp. 25-46.
2 Rollo (G.R. No. 165805), pp. 106-112.
3 Id., at pp. 103-104.
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Cabugao vs. People
As per Certificate of Death issued by accused Dr.

Antonio P. Cabugao, to the damage and prejudice of
the legal heirs of said deceased RODOLFO PALMA,
JR. and other consequential damages relative thereto.
CONTRARY to Article 365, 1st par. of the Revised
Penal Code.
Dagupan City, Philippines, January 29, 2001.
Arising from the same events, the Court

resolved to consolidate these cases.4 The facts, as
culled from the records, are as follows: On June
14, 2000, at around 4 o’clock in the afternoon,
ten (10)-year old Rodolfo F. Palma, Jr. (JR)
complained of abdominal pain to his mother,
Rosario Palma. At 5 o’clock that same afternoon,
Palma’s mother and father, Atty. Rodolfo Palma
Sr., brought JR to the clinic of accused Dr.
Cabugao. Dr. Cabugao, a general practitioner,
specializing in family medicine gave medicines
for the pain and told Palma’s parents to call him
up if his stomach pains continue. Due to
persistent abdominal pains, at 4:30 in the early
morning of June 15, 2000, they returned to Dr.
Cabugao, who advised them to bring JR to the
Nazareth General Hospital in Dagupan City, for
confinement. JR was admitted at the said
hospital at 5:30 in the morning.5
Blood samples were taken from JR for

laboratory testing. The complete blood count
conveyed the following result: wbc – 27.80 x 10
9/L; lymphocytes – 0.10 and neutrophils – 0.90.
Diagnostic ultrasound was likewise conducted
on the patient’s lower abdomen by radiologist,
Dr. Ricky V. Querubin, with the following
findings:
Normal liver, bile ducts, gallbladder, pancreas, spleen,

kidneys and urinary bladder.
_______________
4 Resolution dated August 2, 2006; id., at p. 611.
5 Rollo (G.R. No. 163879), p. 26.
220

Cabugao vs. People
There is no free peritoneal fluid.

There is localized tenderness in the paraumbilical
region, more so in the supra and right paraumbilical
areas.
There is a vague elongated hypoechoic focus in the
right periumbilical region roughly about 47 x 18 mm
surrounded by undistended gas-filled bowels. This is
suggestive of an inflammatory process wherein
appendiceal or periappendiceal pathology
cannot be excluded. Clinical correlation is
essential.6
Dr. Cabugao did a rectal examination

noting the following: “rectal: good sphincter,
negative tenderness, negative mass.” The initial
impression was Acute Appendicitis,7 and hence,
he referred the case to his co-accused, Dr. Ynzon,

a surgeon.8 In the later part of the morning of
June 15, 2000, Dr. Ynzon went to the hospital
and read the CBC and ultrasound results. The
administration of massive antibiotics and pain
reliever to JR were ordered. Thereafter, JR was
placed on observation for twenty-four (24) hours.
In the morning of June 16, 2000, JR
complained again of abdominal pain and his
parents noticed a swelling in his scrotum. In the
afternoon of the same day, JR vomitted out
greenish stuff three (3) times and had watery
bowels also three (3) times. The nurses on duty
relayed JR’s condition to Dr. Ynzon who merely
gave orders via telephone.9 Accused continued
medications to alleviate JR’s abdominal spasms
and diarrhea. By midnight, JR again vomitted
twice, had loose bowel movements and was
unable to sleep. The following morning, June 17,
2000, JR’s condition worsened, he had a running
fever of 38oC. JR’s fever remained uncontrolled
and he became unconscious, he was given Aeknil
(1 ampule) and Valium (1 ampule). JR’s
condition continued to deteriorate
_______________
6 Exhibit “C,” Records, p. 23. (Emphasis ours)
7 Exhibit “D-2,” id., at p. 331.
8 Rollo, p. 27.
9 Pre-trial Order; Records, p. 181.
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Cabugao vs. People
that by 2 o’clock in the afternoon, JR’s

temperature soared to 42oC, had convulsions
and finally died.
The Death Certificate10 dated June 19, 2000
prepared by Dr. Cabugao indicated the following
causes of death:
Immediate cause: CARDIORESPIRATORY ARREST

Antecedent cause: METABOLIC
ENCEPHALOPATHY
Underlying cause: SEPTICEMIA (ACUTE
APPENDICITIS)
Other significant conditions contributing to death:
CEREBRAL ANEURYSM RUPTURED (?)
No post-mortem examination was

conducted on JR. On February 1, 2001, an
Information was filed against accused for
reckless imprudence resulting to homicide. At
their arraignment, both accused, duly assisted
by counsel, pleaded not guilty to the charge.
On February 28, 2003, in convicting both the
accused, the trial court found the following
circumstances as sufficient basis to conclude
that accused were indeed negligent in the
performance of their duties:
It is unquestionable that JR was under the medical

care of the accused from the time of his admission for
confinement at the Nazareth General Hospital until
his death. Upon his admission, the initial working
diagnosis was to consider acute appendicitis. To assist
the accused in the consideration of acute appendicitis,
Dr. Cabugao requested for a complete blood count
(CBC) and a diagnostic ultrasound on JR. The
findings of the CBC and ultrasound showed that an
inflammatory process or infection was going on inside
the body of JR. Said inflammatory process was
happening in the periumbilical region where the

appendix could be located. The initial diagnosis of
acute appendicitis appears to be a distinct possibility.
x x x.
_______________
10 Exhibit “E,” id., at p. 6.
222

Cabugao vs. People
Dr. Ynzon ordered medications to treat the

symptoms being manifested by JR. Thereafter, he
ordered that JR be observed for 24 hours. However,
the accused, as the attending physicians, did not
personally monitor JR in order to check on subtle
changes that may occur. Rather, they left the
monitoring and actual observation to resident
physicians who are just on residency training and in
doing so, they substituted their own expertise, skill
and competence with those of physicians who are
merely new doctors still on training. Not having
personally observed JR during this 24-hour critical
period of observation, the accused relinquished their
duty and thereby were unable to give the proper and
correct evaluation as to the real condition of JR. In
situations where massive infection is going on as
shown by the aggressive medication of antibiotics, the
condition of the patient is serious which necessitated
personal, not delegated, attention of attending
physicians, namely JR and the accused in this case.
xxxx
Throughout the course of the hospitalization and
treatment of JR, the accused failed to address the
acute appendicitis which was the initial diagnosis.
They did not take steps to find out if indeed acute

appendicitis was what was causing the massive
infection that was ongoing inside the body of JR even
when the inflammatory process was located at the
paraumbilical region where the appendix can be
located. x x x
There may have been other diseases but the
records do not show that the accused took steps to find
out what disease exactly was plaguing JR. It was
their duty to find out the disease causing the health
problem of JR, but they did not perform any process of
elimination. Appendicitis, according to expert
testimonies, could be eliminated only by surgery but
no surgery was done by the accused. But the accused
could not have found out the real disease of JR
because they were treating merely and exclusively the
symptoms by means of the different medications to
arrest the manifested symptoms. In fact, by treating
the symptoms alone, the accused were reck-
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Cabugao vs. People
lessly and wantonly ignoring the same as signs of the

graver health problem of JR. This gross negligence on
the part of the accused allowed the infection to spread
inside the body of JR unabated. The infection
obviously spread so fast and was so massive that
within a period of only two and a half (2 1/2) days
from the day of admission to the hospital on June 15,
2000, JR who was otherwise healthy died [of]
Septicemia (Acute Appendicitis) on June 17, 2000.11
On June 4, 2004, in affirming the accused’s

conviction, the Court of Appeals gave similar
observations, to wit:
The foregoing expert testimony clearly revealed

such want of reasonable skill and care on the part of
JR’s attending physicians, appellants Dr. Cabugao
and Dr. Ynzon in neglecting to monitor effectively and
sufficiently the developments/changes during the
observation period and act upon the situation after
said 24-hour period when his abdominal pain
subsisted, his condition even worsened with the
appearance of more serious symptoms of nausea,
vomiting and diarrhea. Considering the brief visit
only made on regular rounds, the records clearly show
such gross negligence in failing to take appropriate
steps to determine the real cause of JR’s abdominal
pain so that the crucial decision to perform surgery
(appendectomy) had even been ruled out precisely
because of the inexcusable neglect to undertake such
efficient diagnosis by process of elimination, as
correctly pointed out by the trial court. As has been
succinctly emphasized by Dr. Mateo, acute
appendicitis was the working diagnosis, and with the
emergence of symptoms after the 24-hour observation
(high fever, vomiting, diarrhea) still, appellants ruled
out surgery, not even considering exploratory
laparoscopy. Dr. Mateo also expressed the opinion
that the decision to operate could have been made
after the result of the ultrasound test, considering
_______________
11 Rollo (G.R. No. 165805), pp. 110-111.
224

Cabugao vs. People
that acute appendicitis was the initial diagnosis by

Dr. Cabugao after he had conducted a rectal
examination.
Medical records buttress the trial court’s finding
that in treating JR, appellants have demonstrated
indifference and neglect of the patient’s condition as a
serious case. Indeed, appendicitis remains a clinical
emergency and a surgical disease, as correctly
underscored by Dr. Mateo, a practicing surgeon who
has already performed over a thousand
appendectomy. In fact, appendectomy is the only
rational therapy for acute appendicitis; it avoids
clinical deterioration and may avoid chronic or
recurrent appendicitis. Although difficult, prompt
recognition and immediate treatment of the disease
prevent complications. Under the factual
circumstances, the inaction, neglect and indifference
of appellants who, after the day of admission and after
being apprised of the ongoing infection from the CBC
and initial diagnosis as acute appendicitis from rectal
examination and ultrasound test and only briefly
visited JR once during regular rounds and gave
medication orders by telephone — constitutes gross
negligence leading to the continued deterioration of
the patient, his infection having spread in so fast a
pace that he died within just two and a half (2 1/2)
days’ stay in the hospital. Authorities state that if the
clinical picture is unclear a short period of 4 to 6 hours
of watchful waiting and a CT scan may improve
diagnostic accuracy and help to hasten diagnosis.
Even assuming that JR’s case had an atypical
presentation in view of the location of his appendix,
laboratory tests could have helped to confirm
diagnosis, as Dr. Mateo opined that the possibility of
JR having a retrocecal appendicitis should have been
a strong consideration. Lamentably, however, as
found by the trial court, appellants had not taken
steps towards correct diagnosis and demonstrated

laxity even when JR was already running a high fever
in the morning of June 17, 2000 and continued
vomiting with diarrhea, his abdominal pain becoming
more intense. This is the reason why private
complainants were not even apprised of the progress
of appellants’ diagnosis — appellants have noth-
225
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Cabugao vs. People
ing to report because they did nothing towards the

end and merely gave medications to address the
symptoms.12
Thus, these appeals brought before this

Court raising the following arguments:
I
WHETHER THE CAUSE OF ACCUSATION AS
CONTAINED IN THE INFORMATION IS FAILURE
TO PERFORM IMMEDIATE OPERATION UPON
THE PATIENT RODOLFO PALMA, JR. OF ACUTE
APPENDICITIS;
II
WHETHER THE SUBJECT INFORMATION
APPEARS TO HAVE ACCUSED BOTH ACCUSED
DOCTORS OF CONSPIRACY AND THE APPEALED
DECISION SEEMS TO HAVE TREATED BOTH
ACCUSED DOCTORS TO BE IN CONSPIRACY;
III
WHETHER PETITIONER DR. CABUGAO IS A
GENERAL PRACTITIONER (NOT A SURGEON)
AND HAVE EXCLUDED SURGERY FROM THE
LIMITS OF HIS PRACTICE, AND IT WAS NOT AND
NEVER HIS DUTY TO OPERATE THE PATIENT
RODOLFO PALMA, JR., THAT WAS WHY HE

REFERRED SUBJECT PATIENT TO A SURGEON,
DR. CLENIO YNZON;
IV
WHETHER THE DEFENSE NEVER STATED
THAT THERE IS GUARANTEE THAT DOING
SURGERY WOULD HAVE SAVED THE PATIENT;
_______________
12 Rollo (G.R. No. 163879), pp. 44-45. (Citations omitted; italics
in the original)
226

Cabugao vs. People
V
WHETHER THE WITNESSES FOR THE
PROSECUTION INCLUDING PROSECUTION’S
EXPERT WITNESSES EVER
DECLARED/TESTIFIED THAT PETITIONER DR.
CABUGAO HAD THE DUTY TO PERFORM
IMMEDIATE OPERATION ON RODOLFO PALMA,
JR., AND THEY FAILED TO STATE/SHOW THAT
THE PROXIMATE CAUSE OF DEATH OF JR WAS
ACUTE APPENDICITIS;
VI
WHETHER THE EXPERT WITNESSES
PRESENTED BY THE PROSECUTION EVER
QUESTIONED THE MANAGEMENT AND CARE
APPLIED BY PETITIONER DR. CABUGAO;
VII
WHETHER THE EXPERT WITNESSES
PRESENTED BY THE DEFENSE ARE
UNANIMOUS IN APPROVING THE METHOD OF
TREATMENT APPLIED BY BOTH ACCUSED
DOCTORS ON SUBJECT PATIENT, AND THEY

DECLARED/AFFIRMED THAT THEY WOULD
FIRST PLACE SUBJECT THE PATIENT UNDER
OBSERVATION, AND WOULD NOT PERFORM
IMMEDIATE OPERATION;
VIII
WHETHER THE CONVICTION OF PETITIONER
DR. YNZON WAS ESTABLISHED WITH THE
REQUIRED QUANTUM OF PROOF BEYOND
REASONABLE DOUBT THAT THE PATIENT WAS
SPECIFICALLY SUFFERING FROM AND DIED OF
ACUTE APPENDICITIS; and
IX
WHETHER THE FAILURE TO CONDUCT THE
SPECIFIC SURGICAL OPERATION KNOWN AS
APPENDECTOMY CONSTITUTED CRIMINAL
NEGLIGENCE.
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Cabugao vs. People
In a nutshell, the petition brought before

this Court raise the issue of whether or not
petitioners’ conviction of the crime of reckless
imprudence resulting in homicide, arising from
an alleged medical malpractice, is supported by
the evidence on record.
Worth noting is that the assigned errors are
actually factual in nature, which as a general
rule, findings of fact of the trial court and the
Court of Appeals are binding and conclusive
upon this Court, and we will not normally
disturb such factual findings unless the findings
of the court are palpably unsupported by the
evidence on record or unless the judgment itself

is based on misapprehension of facts. In the
instant case, we find the need to make certain
exception.
As To Dr. Ynzon’s Liability:
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.13 The elements of reckless 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 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.14
With respect to Dr. Ynzon, all the requisites
of the offense have been clearly established by
the evidence on record. The court a quo and the
appellate court were one in concluding
_______________
13 Gaid v. People, G.R. No. 171636, April 7, 2009, 584
SCRA 489, 495.
14 Dr. Cruz v. Court of Appeals, 346 Phil. 872, 883; 282
SCRA 188, 199-200 (1997).
228

ANNOTATED
Cabugao vs. People
that Dr. Ynzon failed to observe the required

standard of care expected from doctors.
In the instant case, it was sufficiently
established that to prevent certain death, it was
necessary to perform surgery on JR
immediately. Even the prosecution’s own expert
witness, Dr. Antonio Mateo,15 testified during
cross-examination that he would perform
surgery on JR:
ATTY. CASTRO:
Q Given these data soft non-tender abdomen,
ambulatory, watery diarrhea, Exhibit C which is
the ultrasound result, with that laboratory
would you operate the patient?
A Yes, I would do surgery.
Q And you should have done surgery with
this particular case?
A Yes, sir.16
xxxx
COURT:
Q You stated a while ago doctor that you are
going to [do] surgery to the patient, why doctor, if you
are not going to do surgery, what will happen?
A If this would be appendicitis, the usual
progress would be that it would be ruptured and
generalized peritonitis and eventually septicemia, sir.
Q What do you mean by that doctor?
A That means that infection would spread
throughout the body, sir.
_______________
15 The prosecution has presented Dr. Antonio Mateo as an
expert witness having performed more than a thousand
appendectomy in his seventeen (17) years as a practicing surgeon
and holds the position of Chief of the Department of Surgery of the

Rizal Provincial Hospital and a Regular Fellow of the Philippine
College of Surgeons.
16 TSN, June 29, 2001, p. 68. (Emphases ours)
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Cabugao vs. People
Q If unchecked doctor, what will happen?

A It will result to death.17
xxxx
Q And what would have you done if you
entertain other considerations from the time the
patient was admitted?
A From the time the patient was admitted
until the report of the sonologist, I would have made a
decision by then.
Q And when to decide the surgery would it be a
particular exact time, would it be the same for all
surgeons?
A If you are asking acute appendicitis, it
would be about 24 hours because acute
appendicitis is a 24-hour disease, sir.
Q And would it be correct to say that it depends on
the changes on the condition of the patient?
A Yes, sir.
Q So, are you saying more than 24 hours when
there are changes?
A If there are changes in the patient pointing
towards appendicitis then you have to decide right
there and then, sir.
Q So if there are changes in the patient pointing to
appendicitis?
A It depends now on what you are trying to wait for
in the observation period, sir.
Q So precisely if the change is a condition which

bring you in doubt that there is something else other
than appendicitis, would you extend over a period of
24 hours?
A It depends on the emergent development, sir.
Q That is the point, if you are the
attending physician and there is a change not
pointing to
_______________
17 Id., at p. 69. (Emphases ours)
230

Cabugao vs. People
appendicitis, would you extend over a period of

24 hours?
A In 24 hours you have to decide, sir.
xxxx
Q And that is based on the assessment of
the attending physician?
A Yes, sir.18
Dr. Mateo further testified on cross-

examination:
ATTY. CASTRO:
Q So you will know yourself, as far as the record is
concerned, because if you will agree with me, you did
not even touch the patient?
A Yes, I based my opinion on what is put on
record, sir. The records show that after the
observation period, the abdominal pain is still
there plus there are already other signs and
symptoms which are not seen or noted.
Q But insofar as you yourself not having touched

the abdomen of the patient, would you give a
comment on that?
A Yes, based on the record, after 24 hours of
observation, the pain apparently was still there
and there was more vomiting and there was
diarrhea. In my personal opinion, I think the
condition of the patient was deteriorating.
Q Even though you have not touched the patient?
A I based on what was on the record, sir.19
From the foregoing, it is clear that if JR’s

condition remained unchecked it would
ultimately result in his death, as what actually
happened in the present case. Another expert
witness for the defense, Dr. Vivencio Villaflor,
Jr. testified on
_______________
18 Id., at pp. 73-74. (Emphasis ours)
19 TSN, July 18, 2001, p. 11. (Emphases ours)
231
VOL. 731, JULY 30, 2014 231

Cabugao vs. People
direct examination that he would perform a

personal and thorough physical
examination of the patient as frequent as
every 4 to 6 hours, to wit:
ATTY. CASTRO:
Q As an expert doctor, if you were faced with a
history of abdominal pain with nausea, vomiting,
fever, anurecia (sic), elevated white blood cell count,
physical examination of a positive psoas sign,
observation of the sonologist of abdominal tenderness

and the ultrasound findings of the probability of
appendiceal (sic) pathology, what will you do if you
have faced these problems, Doctor?
A I will examine the patient thoroughly and it
will depend on my physical examination and
that is probably every 4 to 6 hours, sir.20
On cross-examination, Dr. Villaflor affirmed:
Cross Exam. by Atty. Marteja:

Q x x x However, there are corrections and
admissions made at that time, your Honor, do I
understand that T/C does not mean ruled out but
rather to consider the matter?
A Yes, now that I have seen the records of the
patient, it says here, impression and T/C means to
consider the appendicitis.
Q Isn’t it that it is worth then to say that the initial
working diagnosis on Rodolfo Palma, Jr., otherwise
known as JR, to whom I shall now refer to as JR, the
primary consideration then is acute appendicitis, is
that correct to say Doctor?
A I think so, that is the impression.
Q x x x Now if it is to be considered as the primary
consideration in the initial working diagnosis, isn’t
_______________
20 TSN (Dr. Vivencio Villaflor, Jr.), September 7, 2001, p. 17.
(Emphasis ours)
232

Cabugao vs. People
it a fact that it has to be ruled out in order to consider

it as not the disease of JR?
A Yes. Sir.
Q Isn’t it a fact that to rule out acute
appendicitis as not the disease of JR, surgery or
operation must be done, isn’t it Doctor?
A You have to correlate all the findings.
Q Is it yes or no, Doctor?
A Yes.
Q So, you are saying then that in order to
rule out acute appendicitis there must be an
operation, that is right Doctor?
A. No, sir. If your diagnosis is to really
determine if it is an acute appendicitis, you have
to operate.21
xxxx
Q. Now Doctor, considering the infection,
considering that there was a [symptom] that causes
pain, considering that JR likewise was feverish and
that he was vomiting, does that not show a disease of
acute appendicitis Doctor?
A Its possible.
Q So that if that is possible, are we getting
the impression then Doctor what you have
earlier mentioned that the only way to rule out
the suspect which is acute appendicitis is by
surgery, you have said that earlier Doctor, I just
want any confirmation of it?
A Yes, sir.22
Verily, whether a physician or surgeon has

exercised the requisite degree of skill and care in
the treatment of his pa-
_______________
21 TSN (Dr. V. Villaflor, Jr.), March 20, 2002, pp. 4-5.
(Emphases ours)
22 Id., at p. 17. (Emphases ours)
233
VOL. 731, JULY 30, 2014 233

Cabugao vs. People
tient is, in the generality of cases, a matter of

expert opinion. The deference of courts to the
expert opinions of qualified physicians stems
from its realization that the latter possess
unusual technical skills which laymen in most
instances are incapable of intelligently
evaluating.23 From the testimonies of the expert
witnesses presented, it was irrefutably proven
that Dr. Ynzon failed to practice that degree of
skill and care required in the treatment of his
patient.
As correctly observed by the appellate court,
Dr. Ynzon revealed want of reasonable skill and
care in attending to the needs of JR by
neglecting to monitor effectively the
developments and changes on JR’s condition
during the observation period, and to act upon
the situation after the 24-hour period when his
abdominal pain persisted and his condition
worsened. Lamentable, Dr. Ynzon appeared to
have visited JR briefly only during regular
rounds in the mornings. He was not there during
the crucial times on June 16, 2000 when JR’s
condition started to deteriorate until JR’s death.
As the attending surgeon, he should be primarily
responsible in monitoring the condition of JR, as
he is in the best position considering his skills
and experience to know if the patient’s condition
had deteriorated. While the resident-doctors-on--
duty could likewise monitor the patient’s

condition, he is the one directly responsible for
the patient as the attending surgeon. Indeed, it
is reckless and gross negligence of duty to
relegate his personal responsibility to observe
the condition of the patient. Again, acute
appendicitis was the working diagnosis, and
with the emergence of graver symptoms after
the 24-hour observation, Dr. Ynzon ruled out
surgery for no apparent reason. We, likewise,
note that the records are devoid of showing of
any reasonable cause which would lead Dr.
Ynzon to overrule appendectomy despite the
initial diagnosis of appendicitis. Neither was
there any showing that he was entertain-
_______________
23 Supra note 14 at p. 885; p. 201.
234

ANNOTATED
Cabugao vs. People
ing another diagnosis nor he took appropriate

steps towards another diagnosis.
Among the elements constitutive of reckless
imprudence, what perhaps is most central to a
finding of guilt is the conclusive determination
that the accused has exhibited, by his voluntary
act without malice, an inexcusable lack of
precaution. It is that which supplies the criminal
intent so indispensable as to bring an act of
mere negligence and imprudence under the
operation of the penal law. This is because a
conscious indifference to the consequences of the

conduct is all that is required from the
standpoint of the frame of mind of the accused.24
Quasi-offenses penalize the mental attitude or
condition behind the act, the dangerous
recklessness, the lack of care or foresight, the
“imprudencia punible,” unlike willful offenses
which punish the intentional criminal act.25 This
is precisely where this Court found Dr. Ynzon to
be guilty of — his seemingly indifference to the
deteriorating condition of JR that he as a
consequence, failed to exercise lack of precaution
which eventually led to JR’s death.
To be sure, whether or not a physician has
committed an “inexcusable lack of precaution” in
the treatment of his 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 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
compe-
_______________
24 Caminos, Jr. v. People, 605 Phil. 402, 435; 587 SCRA
348, 358 (2009).
25 Ivler v. Modesto-San Pedro, G.R. No. 172716,
November 17, 2010, 635 SCRA 191, 223.
235
VOL. 731, JULY 30, 2014 235

Cabugao vs. People
tent doctor would use to treat a condition under

the same circumstances.26 Sadly, Dr. Ynzon did
not display that degree of care and precaution
demanded by the circumstances.
As To Dr. Cabugao’s Liability:
Every criminal conviction requires of the
prosecution to prove two things — the fact of the
crime, i.e., the presence of all the elements of the
crime for which the accused stands charged, and
the fact that the accused is the perpetrator of the
crime. Based on the above disquisitions,
however, the prosecution failed to prove these
two things. The Court is not convinced with
moral certainty that Dr. Cabugao is guilty of
reckless imprudence as the elements thereof
were not proven by the prosecution beyond a
reasonable doubt.
Both the trial court and the appellate court
bewail the failure to perform appendectomy on
JR, or the failure to determine the source of
infection which caused the deterioration of JR’s
condition. However, a review of the records fail
to show that Dr. Cabugao is in any position to
perform the required appendectomy.
Immediately apparent from a review of the
records of this case is the fact that Dr. Cabugao
is not a surgeon, but a general practitioner
specializing in family medicine;27 thus, even if
he wanted to, he cannot do an operation, much
less an appendectomy on JR. It is precisely for
this reason why he referred JR to Dr. Ynzon
after he suspected appendicitis. Dr. Mateo, the
prosecution’s expert witness, emphasized the
role of the surgeon during direct examination, to

wit:
ATTY. MARTEJA:
Q You had mentioned that under this
circumstances and condition, you have mentioned that
surgery is
_______________
26 Garcia-Rueda v. Pascasio, 344 Phil. 323, 332; 278 SCRA 769,
778 (1997).
27 Annex “D-13,” Records, p. 39.
236

Cabugao vs. People
the solution, would you have allowed then a 24 hour

observation?
A If there is a lingering doubt, in short period
of observation of 18-24 hours can be allowed provided
that there would be close monitoring of the patient,
sir.
Q Would you please tell us who would be
doing the monitoring doctor?
A The best person should be the first
examiner, the best surgeon, sir.
Q So that would you say that it is
incumbent on the surgeon attending to the case
to have been the one to observe within the period
of observation?
A Yes, because he will be in the best
position to observe the sudden changes in the
condition of the patient, sir.
Q And how often would in your experience
doctor, how often would the surgeon re-assist
(sic) the condition of the patient during the

period of observation?
A Most foreign authors would recommend
every four (4) hours, some centers will
recommend hourly or every two hours but here in
the Philippines, would recommend for 4 to 6
hours, sir.28
Dr. Cabugao’s supervision does not cease

upon his endorsement of his patient to the
surgeon. Here, Dr. Cabugao has shown to have
exerted all efforts to monitor his patient and
under these circumstances he did not have any
cause to doubt Dr. Ynzon’s competence and
diligence. Expert testimonies have been offered
to prove the circumstances surrounding the case
of JR and the need to perform an operation.
Defense witness, Dr. Villaflor, on cross-
examination testified, to wit:
_______________
28 TSN, June 29, 2001, pp. 35-36. (Emphasis ours)
237
VOL. 731, JULY 30, 2014 237

Cabugao vs. People
Q Isn’t it a fact that to rule out acute

appendicitis as not the disease of JR, surgery or
operation must be done, isn’t it Doctor?
A You have to [correlate] all the findings.
Q Is it yes or no, Doctor?
A Yes.
Q So, you are saying then that in order to rule
out acute appendicitis there must be an operation,
that is right Doctor?

A No, sir. If your diagnosis is to really
determine if it is an acute appendicitis, you have to
operate.29
xxxx
Q Now Doctor, considering the infection,
considering that there was a [symptom] that causes
pain, considering that JR likewise was feverish and
that he was vomitting, does that not show a disease of
acute appendicitis Doctor?
A It’s possible.
Q So that if that is possible, are we getting the
impression then Doctor what you have earlier
mentioned that the only way to rule out the suspect
which is acute appendicitis is by surgery, you have
said that earlier Doctor, I just want any confirmation
of it?
A Yes, sir.30
Neither do we find evidence that Dr.

Cabugao has been negligent or lacked the
necessary precaution in his performance of his
duty as a family doctor. On the contrary, a
perusal of the medical records would show that
during the 24-hour monitoring on JR, it was Dr.
Cabugao who frequently made orders on the
administration of antibiotics and pain relievers.
There was also repetitive instructions from Dr.
Cabugao to refer JR to Dr. Ynzon as it appeared
that he is suspecting
_______________
29 TSN (Dr. Vivencio Villaflor, Jr.), March 20, 2002, p. 5.
30 Id., at p. 17.
238

ANNOTATED
Cabugao vs. People
appendicitis. The referral of JR to Dr. Ynzon, a

surgeon, is actually an exercise of precaution as
he knew that appendicitis is not within his scope
of expertise. This clearly showed that he
employed the best of his knowledge and skill in
attending to JR’s condition, even after the
referral of JR to Dr. Ynzon. To be sure, the
calculated assessment of Dr. Cabugao to refer
JR to a surgeon who has sufficient training and
experience to handle JR’s case belies the finding
that he displayed inexcusable lack of precaution
in handling his patient.31
We likewise note that Dr. Cabugao was out of
town when JR’s condition began to deteriorate.
Even so, before he left, he made endorsement
and notified the resident-doctor and nurses-on-
duty that he will be on leave.
Moreover, while both appeared to be the
attending physicians of JR during his hospital
confinement, it cannot be said that the finding of
guilt on Dr. Ynzon necessitates the same finding
on the co-accused Dr. Cabugao. Conspiracy is
inconsistent with the idea of a felony committed
by means of culpa.32 Thus, the accused-doctors
to be found guilty of reckless imprudence
resulting in homicide, it must be shown that
both accused doctors demonstrated an act
executed without malice or criminal intent —
but with lack of foresight, carelessness, or
negligence. Noteworthy, the evidence on record
clearly points to the reckless imprudence of Dr.
Ynzon; however, the same cannot be said in Dr.
Cabugao’s case.
As To Civil Liability:
While this case is pending appeal, counsel for
petitioner Dr. Ynzon informed the Court that the
latter died on December
_______________
31 See Jarcia, Jr. v. People, G.R. No. 187926, February
15, 2012, 666 SCRA 336, 358.
32 Villareal v. People, G.R. No. 151258, G.R. No. 154984,
G.R. No. 155101, G.R. Nos. 178057 and 17800, February 1,
2012, 664 SCRA 519, 559.
239
VOL. 731, JULY 30, 2014 239

Cabugao vs. People
23, 2011 due to “multi-organ failure” as

evidenced by a copy of death certificate.33 Thus,
the effect of death, pending appeal of his
conviction of petitioner Dr. Ynzon with regard to
his criminal and pecuniary liabilities should be
in accordance to People v. Bayotas,34 wherein the
Court laid down the rules in case the accused
dies prior to final judgment:
1. Death of the accused pending appeal of his

conviction extinguishes his criminal liability as well
as the civil liability based solely thereon. As opined by
Justice Regalado, in this regard, “the death of the
accused prior to final judgment terminates his
criminal liability and only the civil liability directly
arising from and based solely on the offense
committed, i.e., civil liability ex delicto in senso
strictiore.”
2. Corollarily, the claim for civil liability

survives notwithstanding the death of accused, if
the same may also be predicated on a source of
obligation other than delict. Article 1157 of the
Civil Code enumerates these other sources of
obligation from which the civil liability may
arise as a result of the same act or omission:
a) Law
b) Contracts
c) Quasi-contracts
d) x x x x x x x x x
e) Quasi-delicts
3. Where the civil liability survives, as
explained in Number 2 above, an action for
recovery therefor may be pursued but only by way
of filing a separate civil action and subject to
Section 1, Rule 111 of the 1985 Rules on Criminal
Procedure as amended. This separate civil
action may be enforced either against the
executor/administrator or the estate of
_______________
33 Rollo (G.R. No. 163879), pp. 303-307.
34 G.R. No. 102007, September 2, 1994, 236 SCRA 239.
240

Cabugao vs. People
the accused, depending on the source of

obligation upon which the same is based as
explained above.
4. Finally, the private offended party need not fear a
forfeiture of his right to file this separate civil action
by prescription, in cases where during the prosecution
of the criminal action and prior to its extinction, the
private-offended party instituted together therewith

the civil action. In such case, the statute of limitations
on the civil liability is deemed interrupted during the
pendency of the criminal case, conformably with
provisions of Article 1155 of the Civil Code, that
should thereby avoid any apprehension on a possible
privation of right by prescription.35
In view of the foregoing, it is clear that the

death of the accused Dr. Ynzon pending appeal
of his conviction extinguishes his criminal
liability. However, the recovery of civil liability
subsists as the same is not based on delict but by
contract and the reckless imprudence he was
guilty of under Article 365 of the Revised Penal
Code. For this reason, a separate civil action
may be enforced either against the
executor/administrator or the estate of the
accused, depending on the source of obligation
upon which the same is based,36 and in
accordance with Section 4, Rule 111 of the Rules
on Criminal Procedure, we quote:
Sec. 4. Effect of death on civil actions.—The

death of the accused after arraignment and during the
pendency of the criminal action shall extinguish the
civil liability arising from the delict. However, the
independent civil action instituted under
Section 3 of this Rule or which thereafter is
instituted to enforce liability arising from other
sources of obligation may be continued against
the estate or legal representative of the accused
after proper substitution or
_______________
35 Id., at pp. 255-256. (Citations omitted; emphases ours)
36 See People v. Abungan, 395 Phil. 456, 461; 341 SCRA 258, 262
(2000).
241
VOL. 731, JULY 30, 2014 241

Cabugao vs. People
against said estate, as the case may be. The heirs

of the accused may be substituted for the
deceased without requiring the appointment of
an executor or administrator and the court may
appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal
representative or representatives to appear and be
substituted within a period of thirty (30) days from
notice.
A final judgment entered in favor of the offended
party shall be enforced in the manner especially
provided in these rules for prosecuting claims against
the estate of the deceased.
If the accused dies before arraignment, the case
shall be dismissed without prejudice to any civil
action the offended party may file against the estate
of the deceased. (Emphases ours)
In sum, upon the extinction of the criminal

liability and the offended party desires to
recover damages from the same act or omission
complained of, the party may file a separate civil
action based on the other sources of obligation in
accordance with Section 4, Rule 111.37 If the
same act or omission complained of arises from
quasi-delict, as in this case, a separate civil
action must be filed against the executor or
administrator of the estate of the accused,
pursuant to Section 1, Rule 87 of the Rules of
Court:38
Section 1. Actions which may and which may not

be brought against executor or administrator.—No
action upon a claim for the recovery of money or debt
or interest thereon shall be commenced against the
executor or administrator; but to recover real or
personal property, or an interest therein, from the
estate, or to enforce a lien thereon, and actions to
recover damages for an injury to person or
property, real or personal, may be commenced
against him. (Emphases ours)
_______________
37 2000 Rules on Criminal Procedure, as amended.
38 Supra note 34 at p. 254.
242

ANNOTATED
Cabugao vs. People
Conversely, if the offended party desires to

recover damages from the same act or omission
complained of arising from contract, the filing of
a separate civil action must be filed against the
estate, pursuant to Section 5, Rule 86 of the
Rules of Court, to wit:
Section 5. Claims which must be filed under the

notice. If not filed, barred; exceptions.—All claims for
money against the decent, arising from contract,
express or implied, whether the same be due, not due,
or contingent, all claims for funeral expenses and
expense for the last sickness of the decedent, and
judgment for money against the decent, must be filed
within the time limited in the notice; otherwise they
are barred forever, except that they may be set forth

as counterclaims in any action that the executor or
administrator may bring against the claimants.
Where an executor or administrator commences an
action, or prosecutes an action already commenced by
the deceased in his lifetime, the debtor may set forth
by answer the claims he has against the decedent,
instead of presenting them independently to the court
as herein provided, and mutual claims may be set off
against each other in such action; and if final
judgment is rendered in favor of the defendant, the
amount so determined shall be considered the true
balance against the estate, as though the claim had
been presented directly before the court in the
administration proceedings. Claims not yet due, or
contingent, may be approved at their present value.
As a final note, we reiterate that the policy

against double recovery requires that only one
action be maintained for the same act or
omission whether the action is brought against
the executor or administrator, or the estate.39
The heirs of JR must choose which of the
available causes of action for damages they will
bring.
_______________
39 See Maniago v. Court of Appeals, 324 Phil. 34, 39; 253
SCRA 674, 687 (1996).
243
VOL. 731, JULY 30, 2014 243

Cabugao vs. People
WHEREFORE, premises considered,

petitioner DR. ANTONIO P. CABUGAO is
hereby ACQUITTED of the crime of reckless
imprudence resulting to homicide.
Due to the death of accused Dr. Clenio Ynzon
prior to the disposition of this case, his criminal
liability is extinguished; however, his civil
liability subsists. A separate civil action may be
filed either against the executor/administrator,
or the estate of Dr. Ynzon, depending on the
source of obligation upon which the same are
based.
SO ORDERED.
Velasco, Jr. (Chairperson), Bersamin,**

Mendoza and Leonen, JJ., concur.
Petitioner Dr. Antonio P. Cabugao acquitted.

Dr. Clenio Ynzon’s criminal liability is
extinguished due to his death but his civil
liability subsists.
Notes.—The action filed by the heirs for the

recovery of damages arising from breach of
contract of carriage is an independent civil
action which is separate and distinct from the
criminal action for reckless imprudence
resulting in homicide filed by the heirs by reason
of the same incident. (Heirs of Jose Marcial K.
Ochoa vs. G & S Transport Corporation, 645
SCRA 93 [2011])
The extinction of the penal action does not
necessarily carry with it the extinction of the
civil action, whether the latter is instituted with
or separately from the criminal action. (Co vs.
Muñoz, Jr., 711 SCRA 508 [2013])
——o0o——
_______________
** Designated acting member per Special Order No. 1691-

L dated May 22, 2014, in view of the vacancy in the Third
Division.
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9/3/2020 SUPREME COURT REPORTS ANNOTATED VOLUME 731

...Page Edit Line Top

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

G.R. No. 165805. July 30, 2014.*

DR. CLENIO YNZON, petitioner, vs. PEOPLE

Criminal Law; Reckless Imprudence; Reckless

occupation, degree of intelligence, physical condition,

VOL. 731, JULY 30, 2014 215

Cabugao vs. People

evaluating. From the testimonies of the expert

constitutive of reckless imprudence, what perhaps is

216 SUPREME COURT REPORTS ANNOTATED

Cabugao vs. People

Same; Death of the Accused; In People v. Bayotas,

above, an action for recovery therefor may be

VOL. 731, JULY 30, 2014 217

Cabugao vs. People

Same; Same; The death of the accused Dr. Ynzon

executor/administrator or the estate of the accused,

PETITIONS for review on certiorari of a decision

218 SUPREME COURT REPORTS

That on or about June 17, 2000 in the City of

Maambong and Lucenito N. Tagle, concurring; Rollo (G.R. No.

VOL. 731, JULY 30, 2014 219

As per Certificate of Death issued by accused Dr.

Arising from the same events, the Court

Blood samples were taken from JR for

Normal liver, bile ducts, gallbladder, pancreas, spleen,

220 SUPREME COURT REPORTS ANNOTATED

There is no free peritoneal fluid.

Dr. Cabugao did a rectal examination

he referred the case to his co-accused, Dr. Ynzon,

VOL. 731, JULY 30, 2014 221

that by 2 o’clock in the afternoon, JR’s

Immediate cause: CARDIORESPIRATORY ARREST

No post-mortem examination was

It is unquestionable that JR was under the medical

happening in the periumbilical region where the

222 SUPREME COURT REPORTS ANNOTATED

Dr. Ynzon ordered medications to treat the

They did not take steps to find out if indeed acute

VOL. 731, JULY 30, 2014 223

lessly and wantonly ignoring the same as signs of the

On June 4, 2004, in affirming the accused’s

The foregoing expert testimony clearly revealed

224 SUPREME COURT REPORTS ANNOTATED

that acute appendicitis was the initial diagnosis by

steps towards correct diagnosis and demonstrated

VOL. 731, JULY 30, 2014 225

ing to report because they did nothing towards the

Thus, these appeals brought before this

RODOLFO PALMA, JR., THAT WAS WHY HE

226 SUPREME COURT REPORTS ANNOTATED

DOCTORS ON SUBJECT PATIENT, AND THEY

VOL. 731, JULY 30, 2014 227

In a nutshell, the petition brought before

evidence on record or unless the judgment itself

228 SUPREME COURT REPORTS

Cabugao vs. People