REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT 

BRANCH 9
CEBU CITY

LEAH ALESNA REYES,

ROSE NAHDJA REYES,
JOHNNY REYES, and 
minors LLOYD REYES and 
KRISTINE REYES,
represented by their mother,
LEAH ALESNA REYES
Plaintiff,       Civil Case No. 36551
      For: Damages
vs.

SISTERS OF MERCY HOSPITAL,

SISTER ROSE PALACIO,
DR. MARVIE BLANES, and
DR. MARLYN RICO
Defendants.
x-------------------------------------------------x
PRE-TRIAL BRIEF

Plaintiff, through counsel, to this Honorable Court, respectfully

submits this Pre-trial Brief as follows –

A. STATEMENT OF FACTS AND CASE

This is a complaint for damages against defendants for

wrongful administration of drugs to the deceased Jorge Reyes.
 On January 8, 1987, deceased Jorge Reyes (Jorge) was taken
to the Mercy Community Clinic by his wife Leah Alesna Reyes (Leah)
because Jorge had been suffering from a recurring fever with chills
and failed to get relief from some home medication. 

Jorge was attended to by respondent Dr. Rico, resident

physician and admitting physician on duty. The latter gave her a
physical examination and medical history. After the examination, Dr.
Rico suspecting that Jorge could be suffering of typhoid Fever which
is prevalent in the locality. Dr. Rico order to have a widal test to
determine if the deceased has a typhoid fever. When the result came
back Dr. Rico concluded that Jorge was positive for typhoid fever.

Around 5:00 pm on the same day Dr. Rico indorsed Jorge to

respondent Dr. Marvie Blanes (Dr. Blanes) because the former has
ended his shift. She also took Jorge’s history and gave him a physical
examination. Like Dr. Rico, her impression was that Jorge had
typhoid fever. Dr. Blanes ordered that antibiotic chloromycetin will be
administered to Jorge being the accepted treatment for typhoid fever.

Dr. Blanes ordered a compatibility test to assure there is no

adverse reaction and ordered the first five hundred milligrams of said
antibiotic to be administered on Jorge at around 9:00 p.m. A second
dose was administered on Jorge about three hours later just before
midnight.

At around 1:00 a.m. of January 9, 1987, Dr. Blanes was called

as Jorge’s temperature rose to 41°C. The patient also experienced
chills and exhibited respiratory distress, nausea, vomiting, and
convulsions. Dr. Blanes put him under oxygen, used a suction
machine, and administered hydrocortisone, temporarily easing the
patient’s convulsions.

After about 15 minutes, however, Jorge again started to vomit,

showed restlessness, and his convulsions returned. Dr. Blanes re-
applied the emergency measures taken before and, in addition,
valium was administered. Jorge, however, did not respond to the
treatment and slipped into cyanosis. Unfortunately the latter died due
to typhoid fever.
 B. PROPOSED ISSUE TO BE RESOLVED

(1) whether the death of Jorge Reyes was due to or caused by the
negligence, carelessness, imprudence, and lack of skill or foresight
on the part of defendants;
(2) whether respondent Mercy Community Clinic was negligent in the
hiring of its employees; and
(3) whether either party was entitled to damages.

C. WITNESSES TO BE PRESENTED

The Petitioner will present Dr. Apolinar Vacalares, Chief

Pathologist at the Northern Mindanao Training Hospital, Cagayan de
Oro City.

D. APPLICABLE LAW AND JURISPRUDENCE

The Plaintiffs grounds its claims on the provision of the New Civil
Code.

E. SPECIFIC TRIAL DATES

It is respectfully requested that the trial dates be set during the

pre-trial conference to dates most convenient to this Honorable Court
and to all parties.

WHEREFORE, premises considered, it is respectfully prayed unto

this Honorable Court that the foregoing Pre-Trial Brief be duly noted.

Cebu City, June 3, 1987.

Abbas, Abundiente and Associates Law Offices

Counsel for the Plaintiff
888 Cardinal Rosales Avenue, Cebu City
By:

(SGD) ATTY. Kenneth Celestial

PTR No. 325842/1-3-1987
IBP No. 165841/1-3-1987
MCLE No. 12545
ROLL No. 12312