Case Digest (G.R. No. 246489)
Facts:
In G.R. No. 246489 decided on January 29, 2024 by the Third Division of the Supreme Court, petitioners spouses Christopher and Carmen NuAez challenged the acquittal of Dr. Henry Daz for Reckless Imprudence Resulting in Homicide and the deletion of damages awards. On June 27, 2006 in Baguio City, their two-year-old son John Ray NuAez underwent a craniectomy to excise a cancerous brain tumor. During surgery, the child developed hypothermia, prompting anesthesiologist Dr. Daz to apply a hot water bag to his legs. The bag ruptured, inflicting third-degree burns on John Ray’s right thigh, supra-pubic area, and hands. Neurosurgeon Dr. Jesus Nigos later informed Mr. NuAez that, but for the scalding incident, tumor removal would have been near success. The burns necessitated amputation of two digits and skin grafting, delaying chemotherapy scheduled within 15 to 30 days. When the tumor recurred, a second operation was performed on October 3, 2006, during which John Ray died. His death c...Case Digest (G.R. No. 246489)
Facts:
- Surgical procedure and injury
- On June 27, 2006, two-year-old John Ray NuAez underwent a craniectomy to remove a brain tumor; during the operation, he developed hypothermia requiring resuscitation.
- The petitioners alleged that Dr. Henry Daz, the anesthesiologist, applied a hot water bag to John Ray’s legs, which burst and caused third-degree burns on his right thigh, suprapubic area, and hands.
- Post-operative complications and death
- The burns necessitated amputation of John Ray’s right fifth digit and left thumb, and skin grafting, delaying scheduled chemotherapy.
- A recurrence of the brain tumor was discovered during burn treatment; on October 3, 2006, John Ray underwent a second surgery and died of cardiorespiratory arrest due to brain herniation from the intracranial teratoma.
- Procedural history
- The petitioners initially filed a complaint for Reckless Imprudence Resulting in Homicide against the surgical team before the City Prosecutor; the complaint was dismissed.
- An Information was filed on January 29, 2008, charging Dr. Daz. On September 17, 2014, the RTC acquitted him criminally but held him civilly liable—awarding moral (₱200,000), exemplary (₱300,000), and actual (₱25,000) damages.
- On July 13, 2018, the CA affirmed the acquittal but deleted the damages award, finding no underlying criminal act and thus extinguishing related civil liability; its denial of reconsideration (March 19, 2019) led to the present Rule 45 petition.
Issues:
- Did the Court of Appeals commit reversible error in deleting the award of damages in favor of the petitioners after acquitting Dr. Daz?
- Whether civil liability survives an acquittal when the accused is found not to be the author of the act or omission complained of?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)