SPOUSES CHRISTOPHER AND CARMEN NUÑEZ, PETITIONERS, VS. DR. HENRY DAZ, RESPONDENT. [ G.R. No. 246489, January 29, 2024 ]

It cannot be overemphasized that Dr. Daz cannot be assumed to be responsible for the bursting of the water bag. Precisely, that it gave way cannot be attributed to his fault. It goes deep into a discussion on the instrument itself or its dilapidated state. How can a doctor be responsible for the usability of an instrument that can be safely assumed to be that of the hospital's? The Court would have appreciated the circumstances differently had the instrument/s used been his or her own, such that it relates to his or her specialization. It would be unreasonable to assume that a water bag would be a personal instrument of a doctor such that he or she would be responsible for its condition. 

Nevertheless, regardless of who owns the instrument, whether the doctor or the hospital, the propriety of its use would still depend on evidence acceptable before the Court, based on law and jurisprudence. As will be later discussed, the circumstances surrounding the propriety of using a water bag require expert testimony.