Case Summary (G.R. No. 175540)
Organ Retrieval and Efforts to Locate Next of Kin
On March 2–3, NKI personnel, under Dr. Ona’s direction, conducted radio and television appeals and enlisted Police Station No. 5 and media outlets to locate Lugmoso’s (Logmao’s) family. After no relatives were found, Dr. Alano issued a memorandum authorizing organ retrieval “only if” reasonable efforts complied with RA 349 as amended—specifically, if next-of-kin remained unlocated. NBI Medico-Legal Officer Dr. Reyes verbally approved retrieval on March 3. The medical team removed and transplanted heart, kidneys, pancreas, liver, and spleen the same day.
Trial Court Ruling and Court of Appeals Decision
In 1988 Logmao’s mother discovered her son’s body on March 11 at La Funeraria Oro and filed suit on April 29. The RTC (2000) found Dr. Alano negligent under Article 2176, awarding actual, moral, exemplary damages, and attorney’s fees for failing to allow reasonable time to locate next of kin before organ removal. The CA (2006) affirmed liability but deleted actual damages and reduced other awards.
Issues for Review
- Whether petitioner’s authorization was negligent or proximately caused respondent’s damages.
- Whether petitioner acted in good faith and pursuant to law under RA 349 as amended.
- Whether awards of moral, exemplary damages and attorney’s fees were contrary to jurisprudence.
Quasi-Delict Analysis and Applicable Civil Code Provisions
The Court observed that Article 2176 is not the sole basis for civil liability; Articles 19–21 and Article 20 (violation of law) also ground damages. Organ retrieval without consent implicates the doctrine of informed consent and RA 349’s substituted consent scheme, which falls under Article 20 (acts contrary to law) rather than Article 2176’s negligence framework.
Substituted Consent under RA 349 and Informed Consent Doctrine
RA 349 (as amended) provides that, after death, organ use may be authorized by nearest relative or, if unlocated after reasonable effort, by head of institution. Informed-consent jurisprudence requires disclosure and voluntary authorization. In this case, petitioner ensured comprehensive media appeals and NBI notification, satisfying the statutory “reasonable efforts” prerequisite and exercising professional judgment in light of organ viability constraints.
Assessment of Negligence, Causation, and Proof
The Court held that Dr. Alano, as a prudent director, fulfilled all legal duties before granting authorization. Time was of the essence given organ preservation limits (24 hours for kidneys, fewer for heart and liver). The misidentification originated at EAMC, and NKI staff could not verify identity due to
...continue readingCase Syllabus (G.R. No. 175540)
Facts of the Case
- On March 1, 1988, Arnelito Logmao (18) allegedly fell from the Cubao overpass and was brought to East Avenue Medical Center (EAMC); hospital blotter noted he was drowsy with alcoholic breath.
- Security and admission records misidentified him as Angelito Lugmoso of Boni Avenue, Mandaluyong; clinical abstract by Dr. Paterno F. Cabrera noted “Angelito [Logmao]” but used the wrong surname.
- The patient developed generalized seizures on March 2; ICU admission and mechanical ventilation were required but no beds or ventilators were available.
- A National Kidney Institute (NKI) resident suggested transfer; patient arrived at NKI at 10:10 AM on March 2 and was again recorded as Angelito Lugmoso.
- Transplant Coordinator Jennifer B. Misa was tasked to locate next of kin via radio (ABS-CBN, GMA, Channel 4), television, and assistance from Police Station No. 5, Eastern Police District.
- Dr. Enrique T. Ona observed signs of brain death; tissue typing and cross-matching were ordered in anticipation of organ donation.
- On March 3, two physicians confirmed brain death via EEG; Dr. Ona requested Executive Director Dr. Filoteo A. Alano to authorize organ retrieval in the absence of located relatives.
- Dr. Alano’s memorandum (March 3, 1988) authorized removal of kidneys, pancreas, liver, and heart under R.A. 349 as amended by P.D. 856, provided “all reasonable efforts” to locate next of kin were exerted and NBI Medico-Legal Section was notified.
- Dr. Maximo Reyes of the NBI verbally agreed to organ retrieval without family consent; organs were removed between 3:45 PM and 11:00 PM and transplanted (kidney and pancreas to Lee Tan Hoc; kidney to Alexis Ambustan).
- The cadaver was embalmed for 15 days for continued search; NBI autopsy report cited intracranial hemorrhage secondary to skull fracture as cause of death.
- NKI’s press release on March 11, 1988, announced a successful double organ transplant; cousin Aida Doromal recognized donor news and alerted mother Zenaida Magud-Logmao.
- Family retrieved Arnelito’s body from La Funeraria Oro; on April 29, 1988, Zenaida filed suit for damages, alleging conspiracy to remove organs while her son was still alive and concealment of true identity.
Procedural History
- RTC Quezon City (Jan 17, 2000): Fo