GR 175540; (April, 2014) (Digest)
G.R. No. 175540, April 7, 2014
Dr. Filoteo A. Alano v. Zenaida Magud-Logmao
FACTS
On March 1, 1988, Arnelito Logmao, 18 years old, was brought to the East Avenue Medical Center (EAMC) after allegedly falling from an overpass. He was initially identified as “Angelito Lugmoso.” Due to deteriorating condition and lack of ventilator support at EAMC, he was transferred to the National Kidney Institute (NKI) on March 2, 1988, where he was recorded under the name “Angelito Lugmoso.” NKI personnel, through Transplant Coordinator Jennifer Misa, made extensive efforts to locate his family via police and media appeals. On March 3, 1988, Arnelito was declared brain dead. With no relatives located and time being critical for organ transplantation, Dr. Enrique Ona requested authority from petitioner Dr. Filoteo Alano, NKI Executive Director, to remove organs for donation. Dr. Alano issued a memorandum authorizing organ retrieval after confirming efforts to locate relatives and notification of the NBI Medico-Legal Section. The organs (heart, kidneys, pancreas, liver, spleen) were removed and transplanted to other patients. Later, the respondent mother, Zenaida Magud-Logmao, identified her son’s body at a funeral home after a news report about the organ transplants. She filed a complaint for damages, alleging conspiracy to remove organs while her son was still alive and concealment of his identity. The Regional Trial Court found only Dr. Alano liable for damages under quasi-delict. The Court of Appeals affirmed with modifications, reducing the awarded damages. Dr. Alano elevated the case to the Supreme Court.
ISSUE
Whether the Court of Appeals erred in holding petitioner Dr. Filoteo Alano liable for moral and exemplary damages.
RULING
The Supreme Court GRANTED the petition, REVERSED and SET ASIDE the Decision of the Court of Appeals, and DISMISSED the complaint against petitioner.
The Court held that the petitioner, Dr. Alano, cannot be held liable for damages. The evidence showed that NKI exerted reasonable efforts to locate the deceased’s relatives through police and media appeals. The organs were removed only after Arnelito was declared brain dead, in accordance with Republic Act No. 349 (as amended) and P.D. 856, and after NBI Medico-Legal notification. The respondent failed to prove that the period allowed for locating relatives was unreasonable or that petitioner acted with negligence or bad faith. There was no proof that the doctors should have waited longer before harvesting organs, given the medical technology of the time. Thus, the emotional suffering of the respondent could not be attributed to the petitioner’s conduct. The complaint was dismissed for lack of legal basis.