Dr. Filoteo A. Alano vs.

Zenaida Magud-Lagmao
G.R. No. 175540 April 7, 2014
Ponente: Justice Peralta

Facts:

A complaint for damages was filed by herein respondent, Zenaida Magud-Logmao, mother of the deceased,
Arnelito Logmao against several parties including herein petitioner, Dr. Filoteo A. Alano. At around 9:50pm of March
1, 1988, Arnelito Logmao then 18 y/o, was brought to the East Avenue Medical Center (EAMC) in Quezon City by
two sidewalk vendors, who allegedly saw the former fall from the overpass near the Farmer’s Market in Cubao,
Quezon City.

The patient’s data sheet identified the patient as Angelito Lugmoso of Boni Ave., Mandaluyong. However,
the clinical abstract prepared by Dr. Paterno F. Cabrera, the surgical resident on-duty at the emergency room of EAMC,
stated the patient is Angelito Logmao. Dr. Cabrera reported that Logmao was drowsy with alcoholic breath, was
conscious and coherent; that the skull x-ray showed no fracture; that at around 4:30am of March 2, 1988, Logmao
developed generalized seizures and was managed by the neuro-surgeon resident on-duty; that the condition of Logmao
progressively deteriorated and he was intubated and ambu-bagging support was provided; that admission to the ICU
and mechanical ventilation support became necessary, but there was no vacancy at the ICU and all the ventilation units
were being used by other patients; that a resident physician of NKTI, who was rotating at EAMC, suggested that
Logmao be transferred to NKTI; and that after arrangements were made, Logamo was transferred to NKTI at 10:10am.

At the NKTI, the name Angelito Logmao was recorded as Angelito Lugmoso. Lugmoso was immediately
attended to and given the necessary medical treatment. As Lugmoso had no relatives around, Jennifer Misa, transplant
coordinator was asked to locate his family by enlisting police and media assistance. Dr. Enrique Ona, chairman of the
Department of Surgery, observed that severity of the brain injury of Lugmoso manifested symptoms of brain death. He
requested the laboratory section to conduct tissue typing and tissue cross-matching examination, so that should
Lugmoso expire despite the necessary care and medical management and he would be found to be a suitable organ
donor and his family would consent to organ donation, the organs thus donated could be detached and transplanted
promptly to any compatible beneficiary.

The identity of Lugmoso was verified by Misa from EAMC and she was furnished the patient’s data sheet.
She then contacted several radio and television stations to request for air time for the purpose of locating the family of
Angelito Lugmoso of Boni Ave., Mandaluyong who was confined at NKTI with severe head injury after allegedly
falling from the Cubao overpass, as well as police station no. 5 Eastern Police District. Lugmoso was pronounced brain
dead on March 3, 1988 7:00am. Two hours later, Dr. Ona was informed that EEG recording exhibited a flat tracing
thereby confirming his brain death. He was found to be a suitable donor of the heart, kidneys, pancreas, and liver, and
after the extensive search, no relatives were found. Dr. Ona then requested the removal of the specific organs of
Lugmoso from the herein petitioners. Dr. Alano wrote a memorandum to Dr. Ona stating that the latter's department
must exhaust all possible and reasonable efforts to locate the relatives or next of kin of the deceased to ask for their
consent concerning the organ donation. Dr. Alano even provided options such as going to television networks or radio
stations as well as the police and other government offices in order to locate the relatives. Dr. Alano also instructed to
inform the National Bureau of Investigation Medico-Legal Section. These were all pursuant with the provisions of
Republic Act No. 349 as amended and P.D. 856, permission and/or authority is hereby given to the Department of
Surgery to retrieve and remove the kidneys, pancreas, liver and heart of the said deceased patient and to transplant the
said organs to any compatible patient who maybe in need of said organs to live and survive.

After the harvesting of the organ was successful, the NKI made arrangements with a funeral home for the deceased.
Thereafter, the relatives and the mother of Arnelito Logmao found out that the latter had died and his organs were
harvested and donated. Zenaida Magud-Logmao, respondent, filed a complaint which obtained favorable judgment
from the Regional Trial Court of Quezon City and the Court of Appeals, however, such judgment was only applicable
to Dr. Filoteo Alano. Hence, Dr. Filoteo Alano, herein petitioner, filed this petition for review before the Supreme
Court.

Issue:
Should the petitioner be held liable for damages?

Held:
No. The internal organs of the deceased were removed only after he had been declared brain dead; thus the
emotional pain suffered by respondent due to the death of her son cannot be in any way be attributed to petitioner.
Neither can the court find evidence or second to show that respondent’s emotional suffering at the sight of the pitful
state in which she found her son’s lifeless body be categorically attributed to petitioner’s conduct.

Thus, there can be no cavil that petitioners employed reasonable means to disseminate notifications intended
to reach the relatives of the deceased. The only question that remains pertains to the sufficiency of time allotted for
notices to reach the relatives of the deceased.

If respondent failed to immediately receive notice of her son’s death because the notices did not properly state the name
or identity of the deceased, fault cannot be laid at petitioner’s door. The trial and appellate courts found that it was the
EAMC, who recorded the wrong information regarding the deceased’s identity to NKTI. The NKTI could not have
obtained the information about his name from the patient, because as found by the lower courts, the deceased was
already unconscious by the time he was brought to NKTI.