bisan klaro na jud nga naay sayop ang mga doktor tabunan pa jud! haaaaaaaay ONLY in da PHILIPPINES ra gyud! hahahahaha
bisan klaro na jud nga naay sayop ang mga doktor tabunan pa jud! haaaaaaaay ONLY in da PHILIPPINES ra gyud! hahahahaha
that's a discriminatory statement against gays, mind u. Pls read the forum rules on discrimination...Originally Posted by lyca
it doesn't matter how hilarious a patient's situation is when he/she arrives at the OR. it also doesn't matter if the patient is gay, lesbian, freak, pervert, DOM, criminal, felon, etc.
naay pasyente nga naputlan ug ehem sa misis.
naay duha ka pasyente (couple) nga wa na naibot ang ehem.
naay pasyente nga bayot nilagum (gangrene) ang ehem kay nasobrahan ug hikot sa pisi.
these are hilarious situations also (well, maybe not as hilarious as Jan2x) but needs utmost care from these medical professionals...
my point is, the issue is never the patient, but how the patient is being unethically and unprofessionally treated at the OR.
[br]Posted on: May 06, 2008, 10:46:16 AM_________________________________________________easy...circumstantial evidence. Jan2x hospital receipts, hospital records...Originally Posted by mustrufnuthn
easy...again, circumstantial evidence. the voice of the doctor, the dialects spoken at the OR, the uniforms, the room in the video, matches all of that to VSMMC.Originally Posted by mustrufnuthn
Jan2x & his lawyer, Brgy Captain Tumulak, DOH, and the Ombudsman are not stupid u know...
as a doctor like yourself also, it is not a surprise that you are on the side of the erring doctors at VSMMC. to add, you also said that you have a friend doctor there.Originally Posted by fingolfin
im not a lawyer but do you know that moral damages are always talking in terms of compensation (money) other than physical punishment (i.e. imprisoned)? bsan ordinary traffic violation bro, mkabayad ka ug money as traffic fine gani...
CIVIL LAW:MORAL DAMAGES; PURPOSE THEREOF.
The purpose of moral damages is essentially indemnity or reparation, both punishment or correction. Moral damages are emphatically not intended to enrich a complainant at the expense of a defendant; they are awarded only to enable the injured party to obtain means, diversion or amusements that will serve to alleviate the moral suffering he has undergone, by reason of the defendant's culpable action. In other words, the award of moral damages is aimed at a restoration, within the limits of the possible, of the spiritual status quo ante and, it must be proportionate to the suffering inflicted.
Everyone has the right to compensation for moral and material damage caused by the unlawful action of any person. PLS TAKE NOTE: COMPENSATION and that goes for the Pride and Honor taken as u mentioned urself.
6M in moral damages myt be too much to ask for but it is the courts that decide if it is sufficient or too much. abi kay pobreng bayot man, dili cya deserving sa 6M nga compensation? what if datu cya nga bayot like the son of Quisumbing?
and please take note that Jan2x humiliation is not only local, but international. Thanks to youtube.
ikaw nalay puli sa judge bai.Originally Posted by mustrufnuthn
dili puli sa judge bro. cya nlng mo-abogado kha sa mga defendants...heheOriginally Posted by chad_tukes
pwede ra pud. heheOriginally Posted by giddyboy
@giddyboy, lyca's post did not violate any rules, it might be degrading to JanJan but janjan isn't an Istoryan. It's ok if you say bush is stupid or kris aquino is a disgrace, as long as you don't hit out on your fellow istoryan.
anyway, back to the topic, as much as i dislike JanJan and his motives in this case, but judging him coz he is gay is kinda insulting.
@chad, naah, it's unfair to say that, this is the whole point of a forum, to discuss issues. Those questions are actually very feasible.
..if you care to read this CLICK ME. It's a documented case about optometry. I'll just quote the conclusion:
Only natural and juridical persons or entities authorized by law may be parties in a civil action, and every action must be prosecuted or defended in the name of the real party in interest. 18 Under Article 44 of the Civil Code, an association is considered a juridical person if the law grants it a personality separate and distinct from that of its members.
There is serious doubt as to the existence of private respondents OPAP, COA, ACMO, and SMOAP. For one, the body of the petition in Civil Case No. 95-74770 makes no mention of these associations nor state their addresses. Further, nowhere is it claimed therein that they are juridical entities. These run counter to Section 4, Rule 8 of the Rules of Court, which provides that facts showing the capacity of a party to sue or the legal existence of an organized association of persons that is made a party must be averred. Second, not even in the sworn statements. 19 of the alleged presidents representing the "associations," which were offered in evidence in support of the application for a writ of preliminary injunction, were such "associations" mentioned or named. Finally, in their Comment on the instant petition, the private respondents chose to remain silent on the issue of the juridical personality of their "associations."
For having failed to show that they are juridical entities, private respondents OPAP, COA, ACMO, and SMOAP must then be deemed to be devoid of legal personality to bring an action, such as Civil Case No. 95-74770.
.. anyway, my point here is, that case was dismissed just because of the names presented was in discord with some judicial law. How much more this of JanJan when the most compelling evidence ( the video ) lacks enough punch. For sure those questions of mustruf will arise in court.
.. and in terms of wake up call, this should be a kick in the arse to DOH and the government to build more hospitals and medical clinics in the city. And to upgrade the facilities. This should be the one in focus, coz as what is seen in the video, that OR ( vicente sotto or whatever hospital that is ) is like a kitchen. Facilities are so obsolete.
.. and on another note, i can't understand why hospitals such as CCMC, Vicente Sotto, Southern Island don't buy new materials when fact of the matter is, their pockets are now full from the payments coming from the tons of school of nursing for their students to hold their internship.
you are correct on the rules. after all, u know better as a moderator. i also agree that judging him coz he is gay is kind of insulting.Originally Posted by fingolfin
that case u mentioned contested the existence of the "associations" as juridical entities. the respondents failed to show that they are juridical entities. maybe they weren't registered sa SEC for that matter.Originally Posted by fingolfin
but in Jan2x's case, he is not an "association" but a real private person w/ legal personality. The only things he would show to prove he is a juridical entity is by showing his birth certificate, baptismal and other identification papers...
this simply means that proving his existence as a juridical entity is a NON-ISSUE...
.. no. That's not my point. That case was dismissed merely because of the Name/entities, as simple as names. It proves to show that there are lots of loopholes that could be utilized. I could imagine in the courtroom the lawyer saying to janjan SURE KA, IKAW GYUD NA ?? SURE KA IMO NANG SAMPOT ?? ASA MAN IMONG NAWONG DIHA, WA MAN MAKITA?? . We're not lawyers or judges but at least we're intelligent enough to discuss this issue as sane as possible. hehe
well, that case u showed was the only loophole i see. it has somethin' to do w/ establishing the existence of juridical entity that dismissed the case in favor of the defendant/s.Originally Posted by fingolfin
now if you say your point is about "other" possible loopholes, i myt agree on that. besides, that is what courtroom battles are for.
now assuming im trying to be d lawyer of Jan2x:
Judge: SURE KA, IKAW GYUD NA ?? SURE KA IMO NANG SAMPOT ?? ASA MAN IMONG NAWONG DIHA, WA MAN MAKITA?? .
Lawyer: "of course, wala lage nakita, BUT hospital receipts i have here show that Jan2x was there in VSMMC asking for X-ray and then the removal of the canister in his anus. And I have here hospital records that also show Jan2x was operated to remove the canister. His x-ray results also proves that the canister branded "Black Suede" was lodged inside his body. Look! His name is even printed on the X-ray film. Not to mention the x-ray receipt he paid for it.
I don't think naa pay lain gi-operahan ug Black Suede perfume on that day other than Jan2x. and to show that Jan2x is existent, i am showing you proofs of his identity. Here is his birth certificate, his baptismal, his SSS ID, his Philhealth ID, etc..."
Judge: SURE KA NGA SA VSMMC GYUD NA ANG NABUTANG SA YOUTUBE?
Lawyer: "No disrespect your honor, but it is already a non-issue. It was already established by DOH and the Ombudsman investigations that it indeed happened in VSMMC. They have even sanctioned the ones involved already administratively. Here, I have all the records furnished, your honor, and i will submit it to you now..."
***but then again, that's just imaginary. we won't know what will really happen sa kaso until mahuman gyud...the doctors & nurses involved might get lucky. maybe they will have good lawyers...but i don't wanna bet on that. my bet is for Jan2x...klaro kaayong inilog...hehe
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