P2.4M damage suit vs. VSMMC doctor junked

CEBU, Philippines -  The Regional Trial Court denied the second motion for reconsideration on the dismissal of a civil case for damages filed by a father against a government doctor for alleged negligence resulting in the death of his three-year-old son in September 2011.

RTC Branch 7 Judge Simeon Dumdum Jr. ruled that the second motion for reconsideration filed by Davin Sedeño was a prohibited pleading under the rules of civil procedure.

Dumdum cited Section 2, Rule 52 of the rules which states that, “no second motion for reconsideration of a judgment or final resolution by the same party shall be entertained.”

Sedeño earlier filed a civil case for damages against Dr. Mary Joy Villalon of the Vicente Sotto Memorial Medical Center and the hospital’s medical director Dr. Gerardo Aquino Jr.

Sedeño is demanding P2.4 million in damages for the death of his son Raven James Claros after undergoing three major operations.

Sedeño’s son was born with imperforate anus and underwent colostomy surgery, imperforate anus surgery and colostomy takedown surgery. But the patient died after the operation.

The father blamed the doctor’s alleged negligence resulting in the death of his son.

But the case was dismissed on October 9, 2012 because of technicality. The complainant allegedly failed to state his cause of action. The complainant filed an amended petition but was opposed by the respondents for it was filed without leave of court.

Sedeño filed a motion for reconsideration which the court ruled to be in violation of the rules.  (FREEMAN)