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    ILAO-ORETA Vs SPS RONQUILLO

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    Alyssa Guevarra
    The document summarizes a court case between Dr. Concepcion Ilao-Oreta and the spouses Eva Marie and Benedicto Noel Ronquillo. Dr. Ilao-Oreta failed to arrive on time for a scheduled laparoscopic procedure for Eva Marie, which was meant to determine the cause of her infertility. The Ronquillo spouses filed a complaint for damages. The court found that while Dr. Ilao-Oreta was negligent for not arriving on time or canceling the procedure, her negligence was not considered gross because she had just gotten married and was preparing for her honeymoon. Therefore, the spouses were not entitled to moral or exempl

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    ILAO-ORETA Vs SPS RONQUILLO

    Uploaded by

    Alyssa Guevarra
    134 views2 pages
    The document summarizes a court case between Dr. Concepcion Ilao-Oreta and the spouses Eva Marie and Benedicto Noel Ronquillo. Dr. Ilao-Oreta failed to arrive on time for a scheduled laparoscopic procedure for Eva Marie, which was meant to determine the cause of her infertility. The Ronquillo spouses filed a complaint for damages. The court found that while Dr. Ilao-Oreta was negligent for not arriving on time or canceling the procedure, her negligence was not considered gross because she had just gotten married and was preparing for her honeymoon. Therefore, the spouses were not entitled to moral or exempl

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    ILAO-ORETA vs SPS RONQUILLO

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    The document summarizes a court case between Dr. Concepcion Ilao-Oreta and the spouses Eva Marie and Benedicto Noel Ronquillo. Dr. Ilao-Oreta failed to arrive on time for a scheduled laparoscopic procedure for Eva Marie, which was meant to determine the cause of her infertility. The Ronquillo spouses filed a complaint for damages. The court found that while Dr. Ilao-Oreta was negligent for not arriving on time or canceling the procedure, her negligence was not considered gross because she had just gotten married and was preparing for her honeymoon. Therefore, the spouses were not entitled to moral or exempl

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    134 views2 pages

    ILAO-ORETA Vs SPS RONQUILLO

    Uploaded by

    Alyssa Guevarra
    The document summarizes a court case between Dr. Concepcion Ilao-Oreta and the spouses Eva Marie and Benedicto Noel Ronquillo. Dr. Ilao-Oreta failed to arrive on time for a scheduled laparoscopic procedure for Eva Marie, which was meant to determine the cause of her infertility. The Ronquillo spouses filed a complaint for damages. The court found that while Dr. Ilao-Oreta was negligent for not arriving on time or canceling the procedure, her negligence was not considered gross because she had just gotten married and was preparing for her honeymoon. Therefore, the spouses were not entitled to moral or exempl

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    G.R. No.

    172406               October 11, 2007

    CONCEPCION ILAO-ORETA, Petitioner,
    vs.
    SPOUSES EVA MARIE and BENEDICTO NOEL RONQUILLO, Respondents.

        Respondent spouses Eva Marie Ronquillo and Noel Benedicto Ronquillo had not been blessed
    with a child despite several years of marriage. They thus consulted petitioner Dr. Concepcion
    Ilao-Oreta, an obstetrician-gynecologist-consultant and chief of the Reproductive Endocrinology
    and Infertility Section at the St. Luke‘s Medical Center. Dr. Ilao-Oreta advised Eva Marie to
    undergo a laparoscopic procedure whereby a laparascope would be inserted through the patient‘s
    abdominal wall to get a direct view of her internal reproductive organ in order to determine the
    real cause of her infertility.

                       The procedure was scheduled on April 5, 1999 at 2:00 p.m. to be performed by Dr.
    Ilao-Oreta. Eva Marie, accompanied by Noel, checked in at the St. Luke‘s Medical Center and
    underwent pre-operative procedures including the administration of intravenous fluid and enema.
    However, Dr. Ilao-Oreta did not arrive at the scheduled time for the procedure and no prior
    notice of its cancellation was received. It turned out that the doctor was on a return flight from
    Hawaii to, and arrived at 10:00 p.m. of April 5, 1999 in, Manila.

                   The Ronquillo spouses filed a complaint against Dr. Ilao-Oreta and the St. Luke‘s
    Medical Center for breach of professional and service contract and for damages before the
    Regional Trial Court of Batangas City. They prayed for the award of actual damages including
    alleged loss of income of Noel while accompanying his wife to the hospital, moral damages,
    exemplary damages, costs of litigation, attorney‘s fees, and other available reliefs and remedies.
    The RTC decided in favor of Ronquillo spouses and awarded Eva Marie actual damages but
    ruled that the failure of the doctor to arrive on time was not intentional. It found no adequate
    proof that Noel had been deprived of any job contract while attending to his wife in the hospital.
    The spouses appealed to the Court of Appeals and found that Dr. Ilao-Oreta grossly negligent.

    ISSUE:

    Whether or not Dr. Ilao-Oreta is guilty of gross negligence for her failure to arrive at the
    scheduled time for the procedure

    HELD:

    It bears noting that when she was scheduling the date of her performance of the procedure, Dr.
    Ilao-Oreta had just gotten married and was preparing for her honeymoon, and it is of common
    human knowledge that excitement attends its preparations. Her negligence could then be partly
    attributed to human frailty which rules out its characterization as gross.

    Dr. Ilao-Oreta‘s negligence not being gross, Ronquillo spouses are not entitled to recover
    moral damages. Neither are the spouses entitled to recover exemplary damages in the absence of
    a showing that Dr. Ilao-Oreta acted in a wanton, fraudulent, reckless, oppressive or malevolent
    manner, nor to award of attorney‘s fees as, contrary to the finding of the CA that the spouses
    “were compelled to litigate and incur expenses to protect their interest,” the records show that
    they did not exert enough efforts to settle the matter before going to court.

    WHEREFORE, the petition is GRANTED. The decision appealed from is MODIFIED in that
    1) the award to respondents-spouses Noel and Eva Marie Ronquillo of actual damages is
    REDUCED to P2,288.70, to bear interest at a rate of 6% per annum from the time of the filing of
    the complaint on May 18, 1999 and, upon finality of this judgment, at the rate of 12% per annum
    until satisfaction;

    2.The award of moral and exemplary damages and attorneys fees is DELETED.

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