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Republic of the Philippines

Department of Justice
Manila City



-versus- I.S. No. x x x




I, FRED MANAUIS, of legal age, President of DOCTORS

Rodriguez, Quezon City, and the designated representative of
DMMC, after having been sworn in accordance with law, and in
answer to the complaint of JUAN DELA CRUZ, in the above
entitled case, hereby depose and say:

1. That respondent hospital, DMMC, is the one being sued for

Reckless Imprudence resulting to Homicide.

2. That DMMC admits that the mother of the complainant,

who was suffering from fever, chills and joint pains, was
brought to the ER on February 6, 2015 at around 10:00

3. That ER doctor and nurses on duty immediately attended

to the mother of the complainant and noted that patient
had rashes on her body and mouth sores.

4. As protocol, the attending nurse took blood pressure and

the ER doctor ordered for laboratory testing of blood and

5. That while waiting for the laboratory results, patient was

regularly checked by nurses in the ER to make sure that
she was stable.

6. That based on the symptoms and results of the laboratory,

patient was initially diagnosed, by the on-duty ER doctor,
of Chikungunya virus.
7. It should be noted that the patient came all the way from
Cagayan Valley, which is a 9 hour-drive away from DMMC,
to specifically seek medical treatment for her illness.

8. That complainant, Juan dela Cruz, came unprepared,

without bringing with him any money and being fully aware
that the hospital is one of the most prestigious hospitals in
Metro Manila.

9. That on February 7, 2015 around 6:00 in the morning. after

8 hours in the ER, complainant’s brother came with the
down payment needed for the respondent hospital to admit
the patient.

10. Patient was then transferred to a regular room and the

attending nurse on the floor took the patient’s blood
pressure and assured that everything is alright.

11. 7:00am, after the patient was transferred to the room, Dr.
Viral, the head of the Infectious Disease and Tropical
Medicine Department, went to see the patient.

12. According to Dr. Viral, lab result showed that patient has a
low lymphocyte count which is consistent with people who
are carrying the chikungunya virus.

13. Physical symptoms—skin rashes, mouth sores and joint

pain, of the patient also made Dr. Viral positively identify
that the patient has chikungunya virus.

14. Dr. Viral said that recovery period is between 4-5 days and
that the joint pains are expected to last for weeks.

15. As to there is still no specific treatment for the said virus,

Dr. Viral gave the patient Paracetamol for the fever and
Ibuprofen for the pain.

16. That the next day, as expected, the patient was still showing
symptoms of the virus and Dr. Viral advised patient to
continue resting, drink the prescribed medicine as needed,
and drink plenty of water.

17. At 4:00pm on February 8, 2015, a code white was called in

for the patient.

18. 5:30pm of the same day, patient was transferred to the ICU
for complications of the virus and a ventilator was placed
on the patient to help her breathe.
19. Patient was then attached to a portable blood pressure
monitoring device and to an IV drip, and was given
medicine, through the tubes, to keep her blood pressure
from dropping.

20. That at 1:20am, patient’s heart monitor flat-lined, and a

code blue was called by the nurse for the patient in the ICU.

21. That for more than 30minutes, the nurses and doctor called
was reviving the patient but to no avail

22. That it was the brother of the complainant who asked the
staff to stop resuscitation for he does not want his mother
to suffer anymore.

23. At 2:00am of February 9, 2015, patient was confirmed


24. DMMC cannot not liable for the death of the patient
because it exercised due diligence and sufficient care

25. That to upheld the quality service and high standards of

DMMC, its employees, specifically the nurses and doctors,
undergo an annual evaluation by their direct supervisors
and peers, which is then forwarded to the Human Resource
department for evaluation.

26. That the doctrine of superior knowledge is applicable in this

case. In the physician-patient relationship, the physician
has superior knowledge over his patient.

27. Dr. Viral was correct in his diagnosis that the patient was
a carrier of the chikungunya virus but not the typical one.

28. It should also be noted the complainant’s mother is already

60 years old and is at risk of a more severe disease and
more prone to illness because of low immune system.

29. The long trip to Quezon City, caused the patients immune
system to go down which allowed the virus to be more
aggressive than what is normal of it.

30. And that the complainant’s action of bringing his mother all
the way from Cagayan Valley to Quezon City contributed to
the death of his mother and can be seen as an utter regard
to his mother’s age and illness.
31. That complainant cannot blame DMMC for his his mother’s
death because the hospital exercised due diligence and
proper care to its patient.

32. This Counter Affidavit is being executed to attest to the

truth of all the foregoing facts and events and to disclaim
all the accusations against Doctors Memorial Medical

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 26th day of October, 2017 in Manila, Philippines.

Fred Manauis