Solidum v. People
718 SCRA 263
Dr. Solidum was judged guilty of the RTC beyond reasonable doubt of reckless imprudence resulting to serious physical injuries after conducting wrongfully administration of anaeasthesia during the surgery of a three year old child. The Ospital ng Maynila was held by the RTC as subsidiarily liable with regard to the payment of damages.
Whether or not Ospital ng Maynila is civilly liable for damages in relation with the criminal case filed against Solidum.
No. According to the Supreme Court, in criminal prosecutions, the civil action for the recovery of civil liability that is deemed instituted with the criminal action refers only to that arising from the offense charged. Ospital ng Maynila, being an artificial entity, had not been charged along with Dr. Solidum. Furthermore, Ospital ng Maynila cannot be liable as employer because Dr. Solidum is not an employee but a consultant of the hospital.