Title
Cabugao vs. People
Case
G.R. No. 163879
Decision Date
Jul 30, 2014
A 10-year-old boy died from untreated appendicitis; surgeon found guilty of gross negligence, civil liability persists post-death; general practitioner acquitted.

Case Digest (G.R. No. 163879)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
  • Rodolfo F. Palma, Jr. (JR), 10 years old, developed abdominal pain on June 14, 2000.
  • Parents brought him to Dr. Antonio P. Cabugao (general practitioner, family medicine).
  • Medical Examination and Initial Treatment
  • Dr. Cabugao ordered a complete blood count (CBC) showing WBC 27.8×10⁹/L and ultrasound suggesting periappendiceal inflammation.
  • Rectal exam was non-tender; working diagnosis: acute appendicitis.
  • JR admitted to Nazareth General Hospital; referred to Dr. Clenio Ynzon (surgeon).
  • Observation, Deterioration and Death
  • June 15–16: JR received massive antibiotics and pain relievers; placed on 24-hour observation. Symptoms worsened (vomiting, diarrhea, fever). Monitoring was delegated to residents; Dr. Ynzon gave orders by telephone.
  • June 17: JR’s fever peaked at 42 °C, convulsions ensued, and he died at 2 PM. Death certificate listed cardiopulmonary arrest, metabolic encephalopathy, septicemia (acute appendicitis), possible ruptured cerebral aneurysm.
  • Procedural History
  • January 29, 2001: Information filed for reckless imprudence resulting in homicide (Art. 365 RPC) against Drs. Cabugao and Ynzon.
  • February 28, 2003: RTC convicted both doctors.
  • June 4, 2004: CA affirmed conviction.
  • 2014: SC consolidated appeals; noted Dr. Ynzon’s death in 2011.

Issues:

  • Whether the failure to perform immediate appendectomy constituted reckless imprudence resulting in homicide.
  • Whether the Information charged both doctors with conspiracy.
  • Whether Dr. Cabugao, as a general practitioner, had duty to operate.
  • Whether the prosecution proved that acute appendicitis was the proximate cause of JR’s death.
  • Whether expert testimonies established that attending physicians breached the standard of care.
  • Whether Dr. Cabugao exercised the requisite degree of skill and care.
  • Whether Dr. Ynzon exhibited inexcusable lack of precaution.
  • Effect of Dr. Ynzon’s death on his criminal and civil liability.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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