DR. FILOTEO A. ALANO, Petitioner, vs. ZENAIDA MAGUD-LOGMAO, Respondent.

G.R. No. 175540 April 7, 2014

PERALTA, J.:
FACT: Amelito Logmao was brought to the East Avenue Medical Center by sidewal vendors who allegedly saw
him !all !rom the overpass. "here, his patient#s data sheet identi!ied him as Angelito Lugmoso. "he
clinical abstract prepared by the surgical resident identi!ied him as Angelito $Logmao%, however.
Considering that his deterioration progressively deteriorated, and no vacancy was available and upon
recommendation by a resident physician o! the &ational 'idney (nstitute who also does the rounds at
EAMC, Logmao)Lugmoso was trans!erred to &'(. *is name was recorded as Angelito Lugmose at the
&'(. "here being no relatives around, +enni!er, the transplant coordinator, was instructed to locate his
!amily by enlisting the assistance o! the police and the media. ,r. -na, the chairman o! the
,epartment o! .urgery, re/uested the Laboratory .ection to conduct cross0matching and tissue
typing, so that i! Angelito e1pires despite the necessary medical care and management, and !ound a
suitable organ donor, provided his !amily would consent to it, his organs could be detached and
transplanted promptly to a compatible bene!iciary. +enni!er secured the patient data o! Angelito and
contacted several television and radio stations !or the purpose o! locating the !amily o! Lugmoso. .he
also sought the assistance o! the P&P to locate the whereabouts o! Angelito#s !amily.
Angelito was eventually pronounced dead, hence ,r. -na set in motion the removal o! organs o! Angelito !or
organ transplantation. *e sought permission !rom the E1ecutive ,irector, ,r. 2iloteo Alano, who issued a
Memorandum approving the transplant as long as all the re/uisite re/uirements had been complied with and the
&3( had been in!ormed o! the planned transplant. "he &3( thru ,r. Ma1imo Reyes gave verbal approval to the
planned transplant. "hus, a medical per!ormed a series o! surgeries to remove Angelito#s heart, spleen, pancreas,
and liver. &'( issued a press release announcing the success!ul organ transplant. A cousin o! Angelito heard on
the radio that the donor was a certain Angelitlo Lugmoso who is now at 2uneraria -ro. .ensing a vague
resemblance to Angelito Logmao#s name, she reported it to his mother, 4enaida Logmao. 5hen they went to the
2urearia -ro to see the remains, it was there that they discovered the remains o! Angelito in a cheap caset.
3ecause o! this discovery, 4enaida !iled a complaint !or damages.
IUE!1" # 5hether respondent6s su!!erings were brought about by petitioner6s alleged negligence in granting
authori7ation !or the removal or retrieval o! the internal organs o! respondent6s son who had been declared brain
dead.
$ELD# NO. 5hen petitioner gave authori7ation !or the removal o! some o! the internal organs to be transplanted
to other patients, he did so in accordance with the letter o! the law, Republic Act $R.A.% &o. 89:, as amended by
Presidential ,ecree $P.,.% ;<=, i.e., giving his subordinates instructions to e1ert all reasonable e!!orts to locate the
relatives or ne1t o! in o! respondent6s son. (n !act, announcements were made through radio and television, the
assistance o! police authorities was sought, and the &3( Medico0Legal .ection was noti!ied. A care!ul reading o!
the memorandum issued by the petitioner shows that petitioner instructed his subordinates to >mae certain> that
>all reasonable e!!orts> are e1erted to locate the patient6s ne1t o! in, even enumerating ways in which to ensure
that notices o! the death o! the patient would reach said relatives. (t also clearly stated that permission or
authori7ation to retrieve and remove the internal organs o! the deceased was being given -&L? (2 the provisions
o! the applicable law had been complied with. .uch instructions reveal that petitioner acted prudently by directing
his subordinates to e1haust all reasonable means o! locating the relatives o! the deceased. *e could not have
made his directives any clearer. *e even speci!ically mentioned that permission is only being granted (2 the
,epartment o! .urgery has complied with all the re/uirements o! the law. "here!ore, there can be no cavil that
petitioner employed reasonable means to disseminate noti!ications intended to reach the relatives o! the
deceased.