CONSUELO YNARES-SANTIAGO
Associate Justice
Chairperson, Third Division
CERTIFICATION
Pursuant to Article VIII, Section 13 of the Constitution, and the Division
Chairmans Attestation, it is hereby certified that the conclusions in the above
Decision were reached in consultation before the case was assigned to the writer
of the opinion of the Courts Division.
REYNATO S. PUNO
Chief Justice
*
Per Special Order No. 521, dated 29 September 2008, signed by Chief Justice Reynato S. Puno, designating
Associate Justice Adolfo S. Azcuna to replace Associate Justice Ruben T. Reyes, who is on official
leave.
[1]
Rollo, pp. 9-26.
[2]
Penned by Court of Appeals Associate Justice Lucas P. Bersamin with Associate Justices Renato C. Dacudao
and Celia C. Librea-Leagogo, concurring; Annex Q of the Petition; id. at 116-131.
[3]
Annex S of the Petition; id. at 138-140.
[4]
Annex M of the Petition; id at 60-67.
[5]
Annex N of the Petition; id. at 68-70.
[6]
Contract of Employment; Annex A of the Petition; id. at 27.
[7]
Medical Report dated 9 October 2002, issued by Dr. Mary Ann D. Barrientos of the Associated Medical &
Clinical Services, Inc.; Annex C of the Petition; id. at 29-30.
[8]
Medical Report dated 6 October 2002, issued by the Fujairah Hospital; Annex B of the Petition; id. at 28.
[9]
Id.; the nephrostomy has multiple functions but is used most frequently to provide urinary drainage when the
ureter is obstructed and retrograde access is inadvisable or impossible. A nephrostomy can also be used
to gain access to the upper urinary tract for various antegrade endourologic procedures, such
as intracorporeal lithotripsy, chemical stone dissolution, antegrade radiologic studies of the ureter, and
double-J stent placement.
[10]
Blood Urea & Nitrogen.
[11]
Id. at 31-32.
[12]
Endoscopy of the urinary bladder via the urethra.
[13]
ESWL stands for extracorporeal shock wave lithotripsy; Medical Certificate dated 26 October 2002, issued
by the Makati Medical Center with Dr. Francisco T. Agustin, Jr. as the attending physician; id. at 31.
[14]
Medical Certificate dated 8 January 2003, issued by the National Kidney and Transplant Institute; id. at 32.