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Lumantas VS Calapiz

A doctor performed an appendectomy and circumcision on a boy. The boy later experienced pain and injuries to his penis. While the doctor was acquitted of criminal charges, he was found liable for moral damages due to injuries likely caused by the circumcision. An acquittal of criminal charges does not necessarily absolve one of civil liability.

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Adrian Atienza
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32 views2 pages

Lumantas VS Calapiz

A doctor performed an appendectomy and circumcision on a boy. The boy later experienced pain and injuries to his penis. While the doctor was acquitted of criminal charges, he was found liable for moral damages due to injuries likely caused by the circumcision. An acquittal of criminal charges does not necessarily absolve one of civil liability.

Uploaded by

Adrian Atienza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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LUMANTAS VS.

CALAPIZ
-Spouses Calapiz brought their son Hanz to Misamis Occidental Province Hospital for
emergency appendectomy.
-Hanz was attended to by Dr. Lumantas
-Dr. Lumantas suggested that Hanz also undergo circumcision, without added cost to
spare him the pain.
-The parents agreed.
-The following day, Hanz is complaining pain in his penis which exhibited blisters and
swollen testicles.
-The parents noticed that Hanz urinated abnormally after Dr. Lumantas forcibly
removed catheter.
-Dr. Lumantas said that said abnormality is normal.
-Hanz was discharged.
-Days after, Hanz was confined again due to abscess formation between the base and
shaft of his penis.
-Dr. Lumantas presumed that the ulceration was brought about the appendicitis and
refer them to a urologist Dr.Go.
-Dr. Go diagnosed Hanz with damaged urethra.
-Hanz undergone 3 operations but urethra cannot be fully repaired.
-Calapiz Spouses charged Dr. Lumantas of reckless imprudence resulting in serious
physical injuries.
-One of the surgeons was made as expert witness and said that the injury to the
urethra was because of a trauma.
-Dr. Lumantas denied the charge and argued that everything he did to Hanz was with
parent’s consent and discharged him when Hanz has no fever and was okay in the
following checkup.

RTC: acquitted Dr. Lumantas for insufficiency of evidence.


-prosecution’s evidence did not show the required standard of care to be
observed by other members of medical profession under similar circumstances.
-nonetheless, Dr. Lumantas is liable for moral damages having preponderance of
evidence showing injuries trauma from the circumcision.

CA: sustained RTC’s decision


Even petitioner was acquitted of the crime charged, does not necessarily mean
that he is free from civil liability.

ISSUE: WON CA erred in affirming petitioner’s civil liability despite his acquittal of
the crime charged.

RULING: It is axiomatic that every person criminally liable for a felony is also civilly
liable. Acquittal of accused of crime charged does not necessarily extinguishes civil
liability.

2 KINDS OF ACQUITTAL WITH DIFFERENT EFFECTS ON CIVIL LIABILITY OF ACCUSED:


1. Acquittal on ground that accused is not the author of the act.
-no civil liability
-because no delict
-separate civil action may be filed based on other grounds
2. Acquittal based on reasonable doubt on the guilt of accused.
-accused still liable civilly – even guilt has not been established.
-not exempt from civil liability – proved by preponderance of evidence only
-acquittal of crime does not require separate civil action.
-+ 6% interest per annum from judicial demand.

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