Atty. Jasmin B. Abrea LAW OFFICE

10/07/2025

The (SC) has ruled that a doctor who offers proper medical advice, clearly explains the risks of a procedure, and secures proper consent from the patient is not liable for medical malpractice.

In a Decision written by then Associate Justice Mario V. Lopez, the SC’s Second Division upheld the dismissal of a complaint against Dr. Avelino P. Aventura (Dr. Aventura), Head of the Philippine Heart Center Surgery Department, for the death of his patient, Quintin Que (Quintin).

Records of the case show that Elpidio Que filed a lawsuit for damages against Dr. Aventura, accusing him of medical malpractice in connection with the death of his father, Quintin, following a failed stenting procedure.

Quintin was first brought to Dr. Aventura due to an aneurysm in his aortic arch, a life-threatening condition. Dr. Aventura advised Quintin to first undergo a heart bypass operation and then address the aneurysm after. The bypass operation was successful.

However, Quentin’s aneurysm worsened. Dr. Aventura offered his family two options: an open-chest surgery or a newer, less invasive stenting procedure.

Dr. Aventura also informed the Que family that neither procedure guaranteed success and that stenting still posed the risk of death. He clarified he would not be the one performing the stenting, as it was outside his expertise. After introducing Quintin to visiting Belgian specialist Dr. Eric Verhoeven, who would do the stenting procedure, Quintin consented.

During the procedure, Dr. Verhoeven attempted to insert the custom stent three times but failed due to a bend in Quintin’s artery. As a result, Quintin suffered a stroke and never woke up.

Ruling that Dr. Aventura was not negligent and did not commit medical malpractice, the SC explained that medical malpractice occurs when a doctor fails to deliver the standard of care expected from other doctors in similar circumstances, resulting in harm to the patient.

A basis for malpractice is the lack of informed consent, which occurs when a patient agrees to a procedure without being fully informed about its risks and potential outcomes.

In this case, the SC found that Dr. Aventura clearly informed Quintin and his family about the risks associated with the stenting procedure, including the risk of death. He also clarified that another doctor would perform the procedure, and Quintin signed the consent forms.

Read the full text of the Press Release at https://tinyurl.com/jjjx4k7b.

Read the full text of the Decision at https://tinyurl.com/5n6a6e7p

Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://tinyurl.com/yzmhvbbn.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

10/01/2025

Ang labis na pagdidisiplina sa isang bata ay maituturing na child abuse kapag mayroong malinaw na layuning sirain ang dignidad ng isang bata.

Hinatulang guilty ng Korte Suprema ang isang ama ng child abuse o paglabag ng RA No. 7610 o ang Special Protection of Children Against Abuse, Exploitation and Discrimination Act matapos isailalim sa marahas at labis na disiplina ang kanyang 12-anyos na anak na babae at 10-anyos na anak na lalaki.

Mula 2017 hanggang 2018, binugbog ng ama ang kanyang mga anak — sinipa, hinila ang buhok, hinampas ng kahoy na pamalo at dustpan, at pinagmumura.

Sa ilalim ng Section 3(b) ng RA No. 7610, ang anumang pagkilos na nagpapababa sa dignidad ng isang bata ay itinuturing na child abuse.

Ayon sa Korte, malinaw na lumabag sa makatwirang pagdisiplina ang ginawa ng ama, na nagpapakita ng isang malinaw na layunin na sirain ang dignidad ng mga bata.

Bagama't may karapatan ang mga magulang na disiplinahin ang kanilang mga anak, paalala ng Korte, ang mga naturang hakbang ay hindi dapat maging marahas, sobra-sobra, o higit pa sa maling nagawa.

Ang Desisyon ay mula sa Second Division ng Korte Suprema na isinulat ni Associate Justice Jhosep Y. Lopez.

Basahin ang buong press release: https://sc.judiciary.gov.ph/sc-excessive-discipline-that-harms-a-childs-dignity-is-child-abuse/

Basahin ang buong teksto ng Desisyon: https://sc.judiciary.gov.ph/268457-###-vs-people-of-the-philippines/

04/07/2024

The Supreme Court has ruled that benefits arising from a seafarer’s death under the Philippine Overseas Employment Administration contract should be awarded only to the surviving legitimate spouse, despite being long estranged from the seafarer, alongside the seafarer’s legitimate and illegitimate children.

Read more at: https://sc.judiciary.gov.ph/sc-only-legal-spouse-children-may-receive-seafarer-death-benefits/

16/06/2024

On behalf of the Supreme Court, Acting Chief Justice Marvic M.V.F. Leonen greets the nation a Happy Fathers’ Day.

18/05/2024

The Supreme Court has affirmed the conviction of an accused for robbery for demanding money from his ex-girlfriend in exchange for deleting her n**e photos posted on Facebook.

READ: https://sc.judiciary.gov.ph/sc-affirms-imprisonment-of-accused-for-demanding-money-in-exchange-for-deletion-of-ex-girlfriends-n**e-photos/

13/05/2024

10/05/2024

Senior Associate Justice Marvic M.V.F. Leonen gave an inspirational message to court employees at the the 19th National Convention and Election of Officers of the Philippine Association of Court Employees (PACE) at the Rizal Park Hotel on May 2, 2024.

Senior Associate Justice Leonen encouraged the court employees to work hard and be patient despite challenges, as excellence does not come in an instant. “Pa unti-unti po ito. Every day while we can, we improve upon ourselves especially since change is upon us, innovation is upon us.”

He further reminded them of their privileged positions in the Judiciary and advised them to use their positions to “be a louder voice for the oppressed and be a more passionate advocate not just of the rule of law but the rule of justice.”

03/05/2024

The Supreme Court has unanimously ruled that Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004 (Anti-VAWC Act), grants protection to women-victims not only from men, but also from women, with whom they are in an intimate relationship.

READ: https://sc.judiciary.gov.ph/sc-reiterates-that-anti-vawc-act-also-applies-to-lesbian-relationships/

28/04/2024

The comeback will be grander than you imagined.

21/04/2024

From Justice Leonen:

In the long run, people will forget to attribute you to the work you have done.

But that’s alright, what’s important is that you have been able to contribute to lessening the suffering of others and correcting injustice.

Serve our people well.