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, General Santos City 9500

Phone: (083) 302-7714
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LEGAL FORMS
FINALS EXAMINATION
4th YEAR
MINDANAO STATE UNIVERSITY
COLLEGE OF LAW
GENERAL SANTOS CITY
x---------------------------------------------------------x
GENERAL INSTRUCTIONS
1. Prepare
a
well
reasoned
and
legally
supported
Decision/Resolution on the basis of the testimonies below.
Strictly follow A.M. No. 11-9-4-SC and the same must be
submitted on or before January 11, 2017 at my abovestated Office address. Per instruction of the Schools Officerin-charge, Dr. Anshari P. Ali, grades must be submitted on or
before January 16, 2017 and this is also pursuant to Legal
Education Board Memorandum Order No. 2, series of 2013.
2. Your output should demonstrate your ability to analyze the
facts presented by the testimonies, to select the material
from the immaterial facts, and to discern the points upon
which the legal issues turn. It should show your knowledge
and understanding of the pertinent principles and theories of
law involved and their qualifications and limitations. It should
demonstrate your ability to apply the law to the given facts,
to reason logically in a lawyer-like manner, and to form a
sound conclusion from the given premises.
3. Identify ONLY your Student Code Number in your respective
output and make sure you do not write your name or any
extraneous note/s or distinctive marking/s on your submitted
paperwork that can serve as an identifying mark/s (such as
names that are not in the given questions, prayers, or
private notes to the Instructor). Writing, leaving or making
any distinguishing or identifying mark in the same is
considered cheating and can disqualify you for the Bar
examinations.

Atty. Delson
first witness.

Your Honor, we are calling Crisanto as our

(Oath dispensed with.)

Atty. Delson
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Mr. Witness, do you know a certain Mrs. B?

Yes, sir, because she is my wife.

Atty. Delson
:
Sometime on January
remember any incident that happened?
A

Atty. Delson
you did any?

2,

2009,

do

you

My wife suddenly felt ill.

:

when she suddenly felt ill, what did you do, if

A
:
I called up Dr. C, who happened to be a neighbor
and a friend to check up my wife and he came to my house to
check her up.
Atty. Delson

What happened after the check up?

A
:
Dr. C told me to bring my wife to XYZ Hospital for
further examination which I did.
Atty. Delson
:
When you brought your wife to the hospital,
what happened thereafter, if any?
A

;
Dr. C and the other doctors conducted an
examination on my wife and they recommend an operation,
as she was suspected of being a cancer victim.

Atty. Delson
made?

what happened after recommendation was

A
:
I had nothing to do except to agree to save her
life and so the operation was scheduled.
Atty. Delson
:
So, the operation
actually conducted the operation?
A

Atty. Delson

was

scheduled.

Who

It was Doctor D under the supervision of Dr. C, sir.

:

Where was the operation conducted?

A
:
At XYZ operation was conducted. Hospital, sir. In
fact, the hospital required me to sign a waiver before the
Atty. Delson

What was the result of the operation?

A
:
Initially, it was successful, sir, but later on, my wife
complained of recurring pain. So, we went back to Dr. C who
examined her and told us the pain was effect of the operation,
sie.

Atty. Delson
:
Aside from informing you that the recurring
pain was effect of the operation, what did the doctor do if he did
any?
2 | Page

A
:
He prescribed some medicine, sir which my wife
took but there was still pain. So, he advised us to consult other
doctors particularly in the USA for a second opinion as he
suspected that my wife was a cancer victim, sir.
Atty. Delson

Did you heed his advice?

A
:
Yes, sir, so we went to the USA and consulted an
oncologist but the result that she was negative of cancer. So, we
came back to the Philippines.
Atty. Delson
:
How much did you spend in going to the USA
and in consulting a doctor?
A
:
We spent P 1,500,000.00 (Receipts were shown
and marked as exhibits).
Atty. Delson
:
When you came back to the Philippines, what
did you do, if you did any?
A
:
We went back to Dr. C and reported the result of
the consultation with an American doctor and told him that my
wife was still suffering from recurring pain, sir.
Atty. Delson

What did the doctor tell you?

A
:
He said that that was the effect of the operation
and prescribed medicine, sir.
Atty. Delson
:
Sometime on December 10, 2009, do you
remember anything unusual that happened in your house, if any?
A
:
My wife lost consciousness because of the pain
she was suffering. Do, I brought her to STL Hospital where Xray
examination was conducted on her.
Atty. Delson
:
examination?

What

was

the

result

of

the

Xray

A
:
They found out there were two (2) gauzes inside
the inscission of my wife which resulted in infection, sir.
Atty. Delson
:
What happened after it was found out there
was two (2) gauzes inside the body of your wife?
A
:
An operation as conducted to remove the gauzes
but it was too late, because there was already infection
Atty. Delson

Why did you say it was too late?

A
:
Because my wife died due to the infection caused
by two (2) gauzes.
Atty. Delson
3 | Page

When your wife died , what did you feel?

A
:
I felt so sad because of the loss of a loved one. My
wife was very nice and loving woman. I suffered sleepless nights. I
lose weight and I was hospitalizes because I got sick thinking of
the loss of my wife.
Atty. Delson
her lifetime?

What was the occupation of your wife during

A
:
She was lawyer and the manager of ABC
Corporation engaged in important and exportation of goods and
general merchandise.
Atty. Delson

She was receiving P 100,000.00 per month.

How much was she receiving as salary?

Atty. Delson

She was 50 years of age.

How old was she at the time of death?

Atty. Delson
:
You said you suffered sleepless nights and
you got sick and hospitalized. On this suit for damages, you want
this Honorable Court to award moral and exemplary damages due
to the negligent acts of the defendants? How much do you ask
the Honorable Court to award, if you make an estimate?
A
:
Due to the gross negligence of the defendants and
considering their stature and that of my wife, I would like to ask
the Honorable Court to award the amount of P2,000,000.00 by
way of moral damages and P 1,000,000.00 by way of exemplary
damages.
Atty. Delson

That is all for the witness your Honor.

Another witness was presented for the plaintiff in the name

of Mary Ann, one of the nurses who assisted the doctors.

Atty. Delson
know them?

Do you know Doctors C and D ? Why do you

Witness :
Because I was one of the nurses who assisted
them when an operation was conducted on Mrs. B.
Atty Delson

Do you also know XYZ Hospital?

Witness

Yes, sir, because it is my employer.

Atty. Delson
:
So, you assisted Doctor C in the operation of
Mrs. B. What are some of your duties as assisting nurse?

4 | Page

Witness
:
I follow the instructions of the doctors; record
the acts done in the conduct of the operation, etc, sir.
Atty Delson
:
in recording the acts of the doctors in the
conduct of the operation, do you remember having recorded that
Dr. D put in three (3) gauzes in the inscission of Mrs. B?
Witness

Yes, sir.

Atty. Delson
:
After the operation, what did you do with the
medical recorded, Madam witness?
Witness
:
I submitted the same to the Head of the
Records Section of the Hospital who kept it, sir.
Atty. Delson
:
you said that you assisted Doctors C & D in
the operation of Mrs. B, who actually conducted the operation?
Witness

Doctor D, sir.

Atty. Delson

How about Doctor C?

Witness
doctor, sir.

He was supervising it, sir as he was the head

Atty. Delson

So, it was Dr. D who put in gauzes? And why?

Witness
:
Yes sir, because there was profuse bleeding.
But after the operation, Dr. C came into the operating room and
told Dr. D to rest as he was the one who would close the
inscission.
Atty. Delson

Did Dr. C close the inscission?

Witness
:
Yes sir, but before he did it, I informed him
that there were three (3) gauzes in the inscission. He tried to look
for the same but it was able to find only one (1). Then he closed
the inscisson, sir.
Atty. Delson

Did you record the act of Dr. C?

Witness

Yes, sir.

Atty. Delson

What did you do thereafter?

Witness
sir.

I submitted my report to the Record Section,

Atty. Delson

That is all for the witness, Your Honor.

After the plaintiff rested his case, the defendants presented

evidences.

5 | Page

Atty. Sarmiento
:
Mr. Witness, you
profession. Do you know the spouses A & B?

are

doctor

by

Witness
:
Yes, sir, because they are my neighbors
and Mrs. B was my patient.
Atty. Sarmiento
;
You said, Mrs. B was your patient. Can
you explain the circumstances how she became your patient?
Witness
;
Sometime
on January 2, 2009, the
spouses called me up and consulted me on the alleged sickness
of Mrs. B so I rushed to their house. I tried to examine her but told
her you be admitted at XYZ Hospital for further medical checkup.
And, she complied, so, I conducted further examination, sir.
Atty. Sarmiento
:
What was the result
examination on Mrs. B?

of your medical

Witness
:
I recommended that an operation be
done as the sickness was serious.
Atty. Delson

Did she agree to be operated?

Witness

Yes, sir. So, we scheduled the operation.

Atty. Delson
operation?

Were you the one who conducted the

Witness
:
No, sir, It was Doctor D, my assistant
with the consent of the spouse. I supervised the operation.
Atty. Sarmiento

Was the operation successful?

Witness
:
Yes, sir, because in a period of four (4)
hours, Doctor D informed me that he was through with the
operation.
Atty. Sarmiento
:
When Doctor D informed you that he
was through with the operation, what did you do, if you did any?
Witness
:
complete the process.

I told him to rest and took over to

Atty. Delson
process?

What do you mean by completing the

Witness
;
I had to check whether the operation
was in accordance with proper medical practice and I found it to
be proper and complete.

6 | Page

Atty. Sarmiento
you do?

When you found it to be proper what did

Witness
:
I started closing the inscission, but one
of the nurses told me that there were three (3) gauzes put in by
Doctor D to stop the profuse bleeding.
Atty. Sarmiento
:
When you were told that there were
three (3) gauzes, what did you do?
Witness
:
I tried to locate them but found only (1)
which I removed. Thereafter, I closed the inscission.
Atty. Sarmiento
happened?

After

the

operation,

what

else

Witness
:
I met with other doctors about the
medical record. They confronted me with the existence of the
three (3) gauzes but I told to them that I found only one (1). I
assure them that I would inform Mrs. B about it.
Atty. Sarmiento

Did you inform her about it?

Witness
:
I forgot it sir, but when she came to me
complaining of recurring pain, I told her that the pain was the
effect of operation. I prescribed medicines. But when there was
continuous pain. I suggested to the spouses that they should
consult an oncologist in the USA as Mrs. B was suspected of
being a cancer victim.
Atty, Sarmiento

Did she Comply?

Witness
:
Yes, sir. In fact, six (6) months later she
came back and reports that she was negative of cancer.
(Other questions omitted)
The last witness for the defendants was the President of XYZ
Hospital.
Atty. Jara
:
I am presenting Dr. E as my witness for the
defendant hospital, your Honor.
Atty. Jara

:
Mr. witness, you are the President of XYZ
Hospiyal. Do you know Doctors C and D?

Witness
:
Yes, sir, because Dr. C is a visiting
consultant of the hospital. Dr. D is a regular member of the
medical staff of the hospital.
Atty. Jara
:
As visiting consultant, Dr. C is not a regular
employee or member of the medical staff of the hospital?
Witness
;
Yes, sir. He is merely consulted on some
problems involving serious Sickness as he is considered an expert
7 | Page

in his field considering his experience. Whenever there are

matters to be resolved, hid resolve, his advice is normally
obtained.
Atty. Jara

Witness
Atty. Jara

Does he report regularly?

:

No, sir.

How do you pay him?

Witness
:
We pay him on the basis of the extent of
the consultations made.
Atty. Jara

Do you consider him your employee?

Witness
;
No, sir, that is why we contend that we
are not liable for damages for the acts of Dr. C.
Atty. Jara

That is all for the witness, your Honor.

Cross- examination conducted by Atty. Delson.

Atty. Delson
:
Mr.
Witness, you said that Dr. C is
visiting consultant. Does he likewise hold clinic and practice in
your hospital?
Witness
:
Yes, sir. In fact he likewise conducts
operations at the hospital.
Atty. Delson
:
So, you allow him to do so, using the
facilities of the hospital as well as medical and nursing staff of the
hospital?
Witness

Yes, sir.

Atty. Delson
;
directory of doctors?

Do you also place his name in your

Witness

Yes, sir.

Atty. Delson

That is all for the witness, your Honor.

.
-ooOoo-

8 | Page