G.R. No. L-51637




Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. L-51637 October 15, 1979 In the Matter of the Petition for Habeas Corpus of FAUSTINO ROMOS y CARMONA; VISITACION GALAN CARMONA, petitioner, vs. UNITED DOCTORS MEDICAL CENTER, respondent. Gentlemen: Quoted hereunder for your information, is a resolution of the First Division of this Court dated OCT. 15, 1979, "G.R.No. 51637 [Formerly UDK-4139] (In the Matter of the Petition for Habeas Corpus of Faustino Ramos y Carmona; Visitacion Galan Carmona vs. United Doctors Medical Center"). — At the hearing held this morning, Atty. Alfredo M. Cargo of the Citizens Legal Assistance Office, Ministry of Justice appeared for the petitioner Visitacion Galan Carmona and her husband Faustino Ramos y Carmona who were both personally present; Maj. Sotero Soriano and Capt. Rodolfo Rosales appeared on behalf of Maj. Gen. Fidel V. Ramos and Brig. Gen. Antonio P. Uy pursuant to their return of the writ; and Atty. Constantino A. Nunez, together with Attys. Jose B. Puerto and John P. Basco, appeared on behalf of respondent United Doctors Medical Center. In the course of the interpellations, Atty. Nunez, together with Dr. Dante Estares, credit and collection officer of respondent United Doctors Medical Center, affirmed that they were in no way detaining in the hospital premises petitioner's husband Faustino Ramos y Carmona for non-payment of his bills and that he was free at any time to pack up his things and to be discharged from the hospital. They further stated that they had stopped charging petitioner's husband for his stay in the hospital since June 26, 1979 as of which date his total account amounted to some P40,791.00 (some P15,000.00 of which were due to the hospital and the balance was for doctor's fees for the three operations performed on petitioner's husband). They admitted, however, requiring petitioner and her husband to endorse in their favor all their rights against the insurance company to the client of the amount due to the hospital and doctors, manifesting that petitioner and her husband had already succeeded in collecting the sum of P5,000.00, no part of which was ever applied to their account with the hospital and this was admitted by petitioner who stated that she had spent the amount to take care of the needs of her husband. Petitioner and her husband undertook in turn that as required by respondent, they would forthwith assign and endorse in favor of respondent their claim for damages against the insurance carried by the car bearing plate No. GR 961 L-Filipinas '78 driven by Rodolfo Lee which had bumped him and inflicted serious physical injuries upon him on May 2, 1979 and would assist in the prosecution of such claim, and that Atty. Cargo undertook that he would assist them in the preparation and execution of such assignment and endorsement to the extent of the amount due and owing by them for hospital and medical fees. It was made clear and the Court accordingly informed petitioner and her husband Faustino Ramos y Carmona that he could pick up his belongings from the hospital and go back home this very day. The Court further REQUIRED (a) Atty. Cargo to submit copies of the exchange of letters between him and respondent hospital and the certification read by him at the hearing, and (b) Atty. Nunez to file his written return of the writ on behalf of respondent hospital, both by the close of office hours tomorrow, October 16, 1979, after which the case will be considered closed and terminated. The letter of Atty. Melquiades C. Virata, Sr. to appear and submit a memorandum as amicus curiae was NOTED. Very truly yours, (S) GLORIA C. PARAS (T) GLORIA C. PARAS Clerk of Court First Division The Chief (x, Philippine Constabulary and/or The Commanding Officer (x) CIS, HPC, Camp Crame Quezon City Atty. Constantino R. Rapanut & Alfredo M. Cargo (x) Counsel for Petitioner CITIZENS LEGAL ASSISTANCE OFFICE Ministry of Justice, Padre Faura Manila Atty. Constantino A. Nunez, Jose B.Puerto and John P. Basco (x) c/o Dr. Dante Estares Counsel for Respondent Credit and Collection Officer UNITED DOCTORS MEDICAL CENTER Rotonda, Espana, Quezon City The Lawphil Project - Arellano Law Foundation