This is known as the hearsay rule.20, As discussed in D.M. 206: The Doctrine of Contributory Negligence . So Drs Lozada, Cruz and the hospital was ordered to pay the actual, moral, exemplary damages and attorney’s fees totaling P1,732,000. Res Ipsa Loquitor is a legal term which means ‘the thing speaks for itself.’ It is a very popular doctrine in the law of torts; it is circumstantial or indirect evidence which infers negligence from the very nature of the accident that has taken place and there is the absence of direct evidence against the defendant. x x x. Petitioner does not dispute the existence of the requisites for the application of res ipsa loquitur, but argues that the presumption or inference that it was negligent did not arise since it "proved that it exercised due care to avoid the accident which befell respondents husband. It accrues simply upon payment by the insurance company of the insurance claim. And when she was discharged she still needed constant medical attention as she was diagnosed to be suffering from brain damage. 124354, December 29, 1999). The circumstances of any accident that would occur therein are peculiarly within the knowledge of the appellant or its employees. The principle covers a situation wherein an insurer has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy. It is designed to promote and to accomplish justice; and is the mode that equity adopts to compel the ultimate payment of a debt by one who, in justice, equity, and good conscience, ought to pay.33. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. The Decision dated February 2, 2009 issued by the trial court in Civil Case No. Good Luck and God Bless! News and Current events, News re the country and everything that is significant to the Filipino people. Consunji, Inc., it is partly based upon the theory that the defendant in charge of the instrumentality which causes the injury either knows the cause of the accident or has the best opportunity of ascertaining it and that the plaintiff has no such knowledge, and, therefore, is compelled to allege negligence in general terms and to rely upon the proof of the happening of the accident in order to establish negligence. * Additional member per Special Order No. RES IPSA LOQUITUR. In fact, the defendants themselves admitted that the first intubation was a failure thus necessitating another anesthesiologist. When respondents refused to settle their liability, Malayan Insurance was constrained to file a complaint for damages for gross negligence against respondents.7, In their Answer, respondents asserted that they cannot be held liable for the vehicular accident, since its proximate cause was the reckless driving of the Nissan Bus driver. On the other hand, respondents submit the following issues in its Memorandum15 dated July 7, 2011: WHETHER THE CA IS CORRECT IN DISMISSING THE COMPLAINT FOR FAILURE OF MALAYAN INSURANCE TO OVERCOME THE BURDEN OF PROOF REQUIRED TO ESTABLISH THE NEGLIGENCE OF RESPONDENTS. This case involves Marta, a 47-year-old robust woman married to Ramon, a telecommunications executive, with three sons, Romy, Ray and Randy. Join Facebook to connect with Res Ipsa Loquitur and others you may know. Res ipsa loquitur is a Latin phrase that means " the thing speaks for itself." Thus, and as We have mentioned earlier, respondents are deemed to have waived their right to make an objection. The SC said that although generally, expert medical testimony is relied upon in malpractice suits to prove that a physician has done a negligent act or that he deviated from the standard medical procedure, such expert testimony applies only to such matters clearly within the domain of medical science and not to matters that are within the common knowledge of mankind which may be testified to by anyone familiar with the facts. 4,434 talking about this. With your meaningful insights, help shape the stories that can shape the country. Malayan Insurance contends that, even without the presentation of the police investigator who prepared the police report, said report is still admissible in evidence, especially since respondents failed to make a timely objection to its presentation in evidence.16 Respondents counter that since the police report was never confirmed by the investigating police officer, it cannot be considered as part of the evidence on record.17, Indeed, under the rules of evidence, a witness can testify only to those facts which the witness knows of his or her personal knowledge, that is, which are derived from the witness own perception.18 Concomitantly, a witness may not testify on matters which he or she merely learned from others either because said witness was told or read or heard those matters.19 Such testimony is considered hearsay and may not be received as proof of the truth of what the witness has learned. to pay the unpaid hospital bills. She remained in the hospital for about four months during which Ramon had to spend P8,000 a month. Penned by Associate Justice Josefina Guevara-Salonga and concurred in by Associate Justices Mariflor P. Punzalan Castillo and Franchito N. Diamante. On that day, Marta was neurologically sound, and except for a few minor discomforts, was physically fit in mind and body. Discuss History of Legal Medicine in the Philippines. The Nissan Bus, on the other hand, sideswiped the Fuzo Cargo Truck, causing damage to the latter in the amount of PhP 20,000. Having insured the vehicle against such risks, Malayan Insurance claimed in its Complaint dated October 18, 1999 that it paid the damages sustained by the assured amounting to PhP 700,000.6, Maintaining that it has been subrogated to the rights and interests of the assured by operation of law upon its payment to the latter, Malayan Insurance sent several demand letters to respondents Rodelio Alberto (Alberto) and Enrico Alberto Reyes (Reyes), the registered owner and the driver, respectively, of the Fuzo Cargo Truck, requiring them to pay the amount it had paid to the assured. Malayan Insurance presented the testimony of its lone witness, a motor car claim adjuster, who attested that he processed the insurance claim of the assured and verified the documents submitted to him. I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division. ", Petitioner apparently misapprehends the procedural effect of the doctrine. 99-95885, ruled in favor of Malayan Insurance and declared respondents liable for damages. Respondents failed to make a timely objection to the police reports presentation in evidence; thus, they are deemed to have waived their right to do so.25 As a result, the police report is still admissible in evidence. 162243, 164516 & 171875, December 3, 2009, 606 SCRA 444, 525; citing Africa v. Caltex, 123 Phil. US Immigration and Customs Enforcement recently announced “Operation Broken Promise,” targeting for arrest and removal/deportation those aliens who were in removal proceedings and promised to voluntarily... With recent controversies surrounding the Pfizer vaccine, I think it’s time for us to move on and “not cry over spilled milk.”, Duterte signs order granting active hazard pay to COVID-19 frontliners, September remittances surprise with fastest growth in 29 months, Government's tight budget planning open to 'Bayanihan 3' for typhoon victims, “We are in the process of evaluating the damage of the series of typhoons and the amounts required to address these and will determine whether or not the current budget will be sufficient,” Finance Secretary...r, Automakers say 'on track' to goal despite October slowdown, COVID-19 tally in Philippines hits 409,574 with over 1,700 new infections, The virgin will conceive and give birth to a son, and will call him Immanuel. PRESBITERO J. VELASCO, JR.Associate JusticeChairperson. 55: Limitations on doctrine . RODELIO ALBERTO and ENRICO ALBERTO REYES, Respondents. In its Memorandum14 dated June 27, 2011, Malayan Insurance raises the following issues for Our consideration: WHETHER THE CA ERRED IN REFUSING ADMISSIBILITY OF THE POLICE REPORT SINCE THE POLICE INVESTIGATOR WHO PREPARED THE SAME DID NOT ACTUALLY TESTIFY IN COURT THEREON. 1. 3 Id. Lozada, Cruz and the hospital denied the charge and claimed that Marta’s brain damage was due to her allergic reaction to the anesthetic agent. Also, the Fuzo Cargo Truck was under the exclusive control of its driver, Reyes. vs Court of Appeals et al., G.R. In its Decision dated February 2, 2009, the trial court, in Civil Case No. In res … Nos. x x x. How do you prosecute Medical Malpractice in the Philippines? They alleged that the speeding bus, coming from the service road of EDSA, maneuvered its way towards the middle lane without due regard to Reyes right of way. It is caused by an instrumentality within the exclusive control of the defendant or defendants. 2000), it was held that common-knowledge exception is an exception to the requirement of expert testimony. In personal injury law, the concept of res ipsa loquitur (or just "res ipsa" for short) operates as an evidentiary rule that allows plaintiffs to establish a rebuttable presumption of negligence on the part of the defendant through the use of circumstantial evidence. The presumption or inference may be rebutted or overcome by other evidence and, under appropriate circumstances a disputable presumption, such as that of due care or innocence, may outweigh the inference. Thereafter, all the parties are considered bound by any outcome arising from the offer of evidence properly presented.32 (Emphasis supplied.). The CA held that all the requisites of res ipsa loquitur are present in the case at bar: There is no dispute that appellees husband fell down from the 14th floor of a building to the basement while he was working with appellants construction project, resulting to his death. However, what is not clear is whether SPO1 Dungga had sufficient personal knowledge of the facts contained in his report. In different kinds of civil cases where one party is alleging that the other caused some type of harm, res ipsa loquitur ("the thing speaks for itself") is a rule that may be used where the injured party has no direct evidence of how the injury occurred. I hate to sound like Scrooge but this Christmas will be the saddest Christmas I’ve ever experienced in my life. Why? However Dr. Losada was late for about three hours and during the administration of the anesthesia prior to the actual surgery, she suffered irreparable damage to her brain as a result of lack of oxygen for four to five minutes and was thus confined at the intensive care unit (ICU). In Alvarez v. PICOP Resources,23 this Court reiterated the requisites for the admissibility in evidence, as an exception to the hearsay rule of entries in official records, thus: (a) that the entry was made by a public officer or by another person specially enjoined by law to do so; (b) that it was made by the public officer in the performance of his or her duties, or by such other person in the performance of a duty specially enjoined by law; and (c) that the public officer or other person had sufficient knowledge of the facts by him or her stated, which must have been acquired by the public officer or other person personally or through official information. The defendant had a duty to perform in a certain manner 2. Drs. Res ipsa loquitur is a Latin phrase which literally means “the thing or the transaction speaks for itself.In order to have the benefit of the rule, a plaintiff, in addition to proving injury or damage, must show a situation where it is applicable and must establish that the essential elements of the doctrine were present in a particular incident. When an individual files a civil lawsuit seeking payment for damages caused by the defendant’s negligence, he must prove to the judge or jury that: 1. 5. Consequently, all the requisites for the application of the doctrine of res ipsa loquitur are present, thereby creating a reasonable presumption of negligence on the part of respondents. Consunji, Inc. v. CA,21 "Hearsay is not limited to oral testimony or statements; the general rule that excludes hearsay as evidence applies to written, as well as oral statements.". Under tort law, in order for a person to receive compensation for injuries inflicted upon them, they typically must present a preponderance of evidence, proving that another party was negligent and that negligence caused their damages. So a complaint for damages was filed before the Regional Trial Court (RTC) by Marta and Ramon and their children against Dr. Losada, Dr. Cruz and the hospital, alleging negligence in the treatment and care of Marta. It is not for the defendant to explain or prove its defense to prevent the presumption or inference from arising. Since res ipsa loquitur is a rule of evidence, and not a rule of plead-ing,6 it may be invoked when the proven facts warrant. The res ipsa loquitur doctrine is based in part upon the theory that the defendant in charge of the instrumentality which causes the injury either knows the cause of the accident or has the best opportunity of ascertaining it and that the plaintiff has no such knowledge, and therefore is compelled to allege negligence in general terms and to rely upon the proof of the happening of the accident in order to establish negligence. Finally, no contributory negligence was attributed to the driver of the Mitsubishi Galant. Malayan Insurance contends that since Reyes, the driver of the Fuzo Cargo truck, bumped the rear of the Mitsubishi Galant, he is presumed to be negligent unless proved otherwise. By continuing to browse the site, you are agreeing to our use of cookies. Here, the defendants were unable to disprove the presumption of negligence on their part in the care of Marta and their negligence was the cause of her piteous condition, based on said doctrine. This is a novel case about medical malpractice or the liability of a surgeon, anesthesio logist and a hospital for damages due to the negligence in the performance of their duties to a patient. What are the elements of res ipsa loquitur? As explained earlier, the construction site with all its paraphernalia and human resources that likely caused the injury is under the exclusive control and management of appellant[;] thus[,] the second requisite is also present. The amount of P700,000.00 with legal interest from the time of the filing of the complaint; Dissatisfied, respondents filed an appeal with the CA, docketed as CA-G.R. Note also that when a party desires the court to reject the evidence offered, it must so state in the form of a timely objection and it cannot raise the objection to the evidence for the first time on appeal. The Doctrine of Res Ipsa Loquitur . When the Nissan Bus abruptly stopped, Reyes stepped hard on the brakes but the braking action could not cope with the inertia and failed to gain sufficient traction. IDENTIFICATION OF THE INSTRUMENTALITY Res ipsa loquitur is a doctrine in the Anglo-American common law that says in a tort lawsuit a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved. Respondents, on the other hand, failed to present any evidence. And assuming that this allegation is, indeed, true, it is astonishing that respondents never even bothered to file a cross-claim against the owner or driver of the Nissan Bus. Ramon and her sister Caridad who was dean of the college of nursing in another hospital and who was present during the surgical operation testified, to prove their complaint. Besides he was also three hours late for the operation. In cases involving medical negligence, the doctrine of res ipsa loquitur allows the mere existence of an injury to justify a presumption of negligence on the part of the person who controls the instrument causing the injury, provided that the following requisites concur: 1. Accordingly, some courts add to the three prerequisites for the application of the res ipsa loquitur doctrine the further requirement that for the res ipsa loquitur doctrine to apply, it must appear that the injured party had no knowledge or means of knowledge as to the cause of the accident, or that the party to be charged with negligence has superior knowledge or opportunity for explanation of the accident. Even if respondents avert liability by putting the blame on the Nissan Bus driver, still, this allegation was self-serving and totally unfounded. PV-025-00220 in favor of First Malayan Leasing and Finance Corporation (the assured), insuring the aforementioned Mitsubishi Galant against third party liability, own damage and theft, among others. As noted by Malayan Insurance, respondents had all the opportunity, but failed to object to the presentation of its evidence. Malayan Insurance contends that there was a valid subrogation in the instant case, as evidenced by the claim check voucher30 and the Release of Claim and Subrogation Receipt31 presented by it before the trial court. In Antonio Diaz v. Davao Light & Power Corp., et al., G.R. No. — Isaiah 7:14. The inference which the doctrine permits is grounded upon the fact that the chief evidence of the true cause, whether culpable or innocent, is practically accessible to the defendant but inaccessible to the injured person. With health frontliners suffering a high number of casualties in the coronavirus pandemic, the country has lost another doctor. In this case, the court likewise explains the doctrine of Res Ipsa Loquitur which means the “thing or transaction speaks for itself,” and when it can be used in determining whether negligence really exists. WHEREFORE, the petition is hereby GRANTED. It is worth mentioning that just like any other disputable presumptions or inferences, the presumption of negligence may be rebutted or overcome by other evidence to the contrary. What is at once evident from the instant case, however, is the presence of all the requisites for the application of the rule of res ipsa loquitur. Even if We consider the inadmissibility of the police report in evidence, still, respondents cannot evade liability by virtue of the res ipsa loquitur doctrine. The construction site is within the exclusive control and management of appellant. The OCTA Research team is warning of a spike in COVID cases after the Christmas holidays. No costs. As a consequence, the Fuzo Cargo Truck hit the rear end of the Mitsubishi Galant, which, in turn, hit the rear end of the vehicle in front of it. The accident is of a kind which ordinarily does not occur in the absence of someone’s negligence. This last column on the Graphic Webinar Conference on literature and the Iligan Writers Workshop will be my answers to the questions asked in both events. Res ipsa loquitur is usually used when there is no direct evidence of the defendant's negligence. Due to the strong impact, these two vehicles were shoved forward and the front left portion of the Mitsubishi Galant rammed into the rear right portion of the Isuzu Tanker.5, Previously, particularly on December 15, 1994, Malayan Insurance issued Car Insurance Policy No. 27: Basic Penal Laws Governing . Penned by Presiding Judge Gregorio B. Clemeña, Jr. 19 D.M. Explain the Doctrine of Proximate Cause. ICE going after those with ‘voluntary departure’. In this case the doctrine of Res Ipsa Loquitur may be used because the injury itself provides the proof of negligence. In most personal injury cases, the plaintiff must prove exactly how and why the defendant's conduct was negligent. The concept of res ipsa loquitur has been explained in this wise: While negligence is not ordinarily inferred or presumed, and while the mere happening of an accident or injury will not generally give rise to an inference or presumption that it was due to negligence on defendants part, under the doctrine of res ipsa loquitur, which means, literally, the thing or transaction speaks for itself, or in one jurisdiction, that the thing or instrumentality speaks for itself, the facts or circumstances accompanying an injury may be such as to raise a presumption, or at least permit an inference of negligence on the part of the defendant, or some other person who is charged with negligence. 2. 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