Manila Doctors Hospital v. So Un Chua Et Al

Manila Doctors Hospital v. So Un Chua G.R. No.
150355
(Liability for unlawful restraint)
Facts:
On December 13, 1993, respondents filed a Complaint averring that on October 30, 1990,
respondent Chua, the mother of respondent Vicky Ty, was admitted in petitioner's hospital for
hypertension and diabetes; that while respondent Chua was confined, Judith Chua, the sister
of respondent Ty, had been likewise confined for injuries suffered in a vehicular accident; that
partial payments of the hospital bills were made, totaling P435,800.00; that after the discharge
of Judith Chua, respondent Chua remained in confinement and the hospital bills for both
patients accumulated; that respondent Chua was pressured by the petitioner, through its
Credit and Collection Department, to settle the unpaid bills; that respondent Ty represented
that she will settle the bills as soon as the funds become available; that respondent Ty pleaded
to the management that in view of the physical condition of her mother, respondent Chua, the
correspondences relating to the settlement of the unpaid hospital bills should be relayed to the
former; that these pleas were unheeded by the petitioner; that petitioner threatened to
implement unpleasant measures unless respondent Ty undertakes her mother's obligation as
well as the obligation of her sister, Judith Chua, to pay the hospitalization expenses; that
petitioner made good its threat and employed unethical, unpleasant and unlawful methods
which allegedly worsened the condition of respondent Chua, particularly, by (i) cutting off the
telephone line in her room and removing the air-conditioning unit, television set, and
refrigerator, (ii) refusing to render medical attendance and to change the hospital gown and
bed sheets, and (iii) barring the private nurses or midwives from assisting the patient.
Respondents thus prayed for the award of moral damages, exemplary damages, and
attorney's fees.
Issues:
Whether the actuations of the petitioner amount to actionable wrongs( WON a hospital maybe
liable for unlawful restraint),
Held:
1. Authorities, including those of common law origin, explicitly declare that a patient cannot be
detained in a hospital for non-payment of the hospital bill. If the patient cannot pay the hospital
or physician's bill, the law provides a remedy for them to pursue, that is, by filing the necessary
suit in court for the recovery of such fee or bill.If the patient is prevented from leaving the
hospital for his inability to pay the bill, any person who can act on his behalf can apply in court
for the issuance of the writ of habeas corpus.
The form of restraint must be total; movement must be restrained in all directions. If
restraint is partial, e.g., in a particular direction with freedom to proceed in another, the
restraint on the person's liberty is not total. However, the hospital may legally detain a patient
against his will when he is a detained or convicted prisoner, or when the patient is suffering
from a very contagious disease where his release will be prejudicial to public health, or when
the patient is mentally ill such that his release will endanger public safety, or in other exigent
cases as may be provided by law. Moreover, under the common law doctrines on tort, it does
not constitute a trespass to the person to momentarily prevent him from leaving the premises
or any part thereof because he refuses to comply with some reasonable condition subject to
which he entered them. In all cases, the condition of this kind of restraint must be reasonable
in the light of the circumstances. At any rate, as stated above, the patient is free to leave the
premises, even in the ostensible violation of these conditions, after being momentarily
interrupted by the hospital staff for purposes of informing him of those reasonable conditions,
such as the assessment of whether the patient is fit to leave, insane, or suffering from a
contagious disease, etc., or simply for purposes of making a demand to settle the bill. If the
patient chooses to abscond or leave without the consent of the hospital in violation of any of
the conditions deemed to be reasonable under the circumstances, the hospital may
nonetheless register its protest and may choose to pursue the legal remedies available under
law, provided that the hospital may not physically detain the patient, unless the case falls
under the exceptions abovestated.
Authorities are of the view that, ordinarily, a hospital, especially if it is a private pay
hospital, is entitled to be compensated for its services, by either an express or an implied
contract, and if no express contract exists, there is generally an implied agreement that the
patient will pay the reasonable value of the services rendered; when a hospital treats a
patient's injuries, it has an enforceable claim for full payment for its services, regardless of the
patient's financial status.
The courts a quo found that respondent Ty had "no choice but to sign the promissory note
in order for her mother to be released from the hospital," thus suggesting that the hospital
refused to actually discharge or bodily release its patient, respondent Chua, until
arrangements had been made to settle the charges.
While there are portions of the testimonies of the witnesses for the petitioner which state
that although, as per standard procedure, the patient "cannot leave"96 the hospital without the
"discharge," "clearance" or "gate pass" issued only after arrangements on the settlement of
bills had been made, still, it must be understood that these are only demonstrative of the
precondition that a patient cannot step out of the premises "without the consent" of the hospital,
or, in other words, that the "clearance" merely indicates that the hospital expressly consented
to the actual release of the patient, but, even without its consent, the patient is still free to leave
"anytime" as a matter of policy, in spite of the refusal to issue a "clearance" or "gate pass,"or
even in cases where the accounts have not yet been liquidated or settled, or yet even if no
promissory note or post-dated check were executed in favor of the petitioner, as testified by no
less than Sister Galeno, and corroborated by Editha Vecino; and that, petitioner, a private
hospital established for profit,104 being also a business, by warning respondents that it shall
withhold clearance, is simply exercising its right to protest against an absconding patient as a
precursor to avail of other appropriate legal remedies; that, on the contrary, the respondents
opted not to leave because of their own promise not to leave unless the hospital bills were fully
settled; that the accusations found in the Demand Letter dated May 19, 1992, and signed by
the counsel for the respondents, particularly, that the petitioner "refused to discharge the
patient, [respondent Chua,] despite orders from the attending physician, Dr. Rody Sy," had all
been refuted by Sister Galeno when she read its contents in front of the counsel for
respondents, emphatically telling him that "we are not detaining his clients;" that "[respondent
Ty] was the one who told us that they are not going to leave the hospital unless they have fully
paid the hospital;" and that, most importantly, no physical restraint upon the person of
respondent Chua or upon the person of her relatives had been imposed by the staff.
This Court observes that the courts a quo awarded both respondents moral damages. But it is
well-settled that in case of physical injuries, with some exceptions, moral damages are
recoverable only by the party injured and not by her spouse, next of kin, or relative who
happened to sympathize with the injured party. Hence, even if the courts a quo were correct in
their basis for damages, they should have declined to award damages to respondent Ty.

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Manila Doctors Hospital v. So Un Chua G.R. No.

(Liability for unlawful restraint)

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