People vs. Hatani

People vs. Hatani, G.R. Nos.
78813-14, November 8, 1993

Topic: "Illegal Practice of Medicine
It is independent from other crimes committed with it: "
FULL TEXT
FACTS:
1. On or about July 6, 1979, in Quezon City, Philippines the accused Farhad Hatani y Abolhassan, knowing fully
well that he has not satisfactorily passed the corresponding board examination, neither is he a holder of a valid
certificate of registration duly issued by the board of medical examiners, as in fact he does not even appear to
have taken or completed the course leading to a medical degree, did then and there, willfully, unlawfully, and
feloniously for compensation, fee and salary, paid to him directly, physically examined Priscila Borja and Wilma
Borja, diagnosed, treated and administer injections on their person and was charged of illegal practice of
medicine in violation of R.A. 2382 otherwise known as the Medical Act of 1959 (Secs. 8, 10).
2. On or about the same day, accused with lewd designs, and while she was deprived of reason or unconscious
after having been drugged or administered medicine, did then and there, willfully, unlawfully and feloniously have
sexual intercourse with Priscila without her consent and against her will, to her damage and prejudice.
(Rape)
3. The trial court rendered two separate decisions and convicted the appellant of both crimes.
4. In finding appellant guilty of illegal purchase of medicine, considerable weight was given to the prosecution's
exhibits. The Professional Regulation Commission certified that appellant is not among the list of registered
physicians nor among those with special permit to practice medicine in a limited scope (Exh. "K").
5. Appellant failed to refute the Handwriting Identification Report (Exh. "I") released by the PC Crime Laboratory
showing that the signature of Dr. Jesus D. Yap (Exhs. "H" - "H-4") prescribing medicine belonged to him. The
pictures also taken during the raid (Exhs. "G" - "G-8'" undeniably reveal several medical equipment used by
practicing physicians.
ISSUE:
Whether or not the accused is liable for illegal practice of medicine in violation of R.A. 2382 otherwise known as the
Medical Act of 1959 – YES
RATIO:
The evidence is overwhelming that appellant actually treated and diagnosed Priscila and Wilma Borja. The positive
testimony of Agustina, Priscila, Wilma, and Josefina Borja; the medico-legal report, which attests to the needle marks,
the handwriting identification report; the photographs showing assorted drugs and medical equipment in appellants
room; and the chemistry reports proved that appellant was engaged in the practice of medicine. And as to his
allegation that there was no proof of payment, the law specifically punishes said act whether or not done for a fee.
Suffice it to say, the medico-legal report indicates swellings and lacerations and concludes that Priscila was no longer
a virgin. Although the records fail to show any sworn statement by Priscila, such is not fatal where the sworn affidavits
of her mother, her twi sisters and the medico-legal report are sufficient to show probable cause of rape. The absence
of injuries does not negate the commission of rape, for rape may be committed after rendering a woman unconscious.
It is settled jurisprudence that virginity is not an essential element of rape.
WHEREFORE, the judgments appealed from are AFFIRMED in toto. Costs de oficio.
Agustina Borja upon the recommendation of comadre Maura Fontreras, and requested malunggay leaves as
medication for her 16-year old daughter, Precila, who had high fever and loose bowel movement.
Upon learning that Precila was sick, Marita, Maura's daughter, introduced Agustina to her husband, Hatani, whom she
said was a medical doctor. Marita suggested that her husband treat Precila and Agustina agreed.
Agustina and Marita went to the Borja residence, where he examined Precila.
Hatani’s diagnosis is that Precila was a drug addict and required further observation and treatment. Appellant offered
to attend to Precila at his house and again, Agustina agreed in the belief that her daughter was a drug
addict.chanroblesvirtualawlibrarychanro
He gave her tablets to take and administered two injections (to her), one in the morning and the second at noon. After
each injection, Precila would feel dizzy and fall asleep.
When she awoke, she realized that she was naked and her entire body was in pain. She found appellant in bed with
her.
--stayed for couple of days
fetched her daughter- She saw both naked. blood stains on her private parts
A physical examination was likewise done on Wilma, which showed that she too had a needle puncture,
Agustina and Josefina brought Precila and Wilma to the Philippine Constabulary Headquarters at Camp Crame,
Quezon City,
At past midnight of July 15, 1979, a raid was conducted by CANU Constabulary Anti-Narcotics Unit agents in the
house of the appellant under the supervision of C1C Agustin Timbol, Jr. The raid was made upon Josefina's complaint
for illegal possession of drugs.
Indeed they found drugs and other paraphernalia.
The evidence is overwhelming that appellant actually treated and diagnosed Precila and Wilma Borja. The positive
testimony of Agustina, Precila, Wilma and Josefina Borja; the medico-legal reports (Exhs. "A", "A-7", "C", "L" and "L-
1") which attest to the needle marks; the Handwriting Identification Report (Exh. I); the photographs (Exhs. "G-l - "G-
8") showing assorted drugs and medical equipment in appellant's room; and the chemistry reports (Exhs. "J" - "J-1")
prove that appellant was engaged in the practice of medicine. And as to his allegation that there was no proof of
payment, the law specifically punishes said act whether or not done for a fee.chanroblesvirtualawlibr
The issue is Whether or not the accused is liable for the crimes charged
ISSUE, RULE, APPLICATION OF THE RULE & CONCLUSION.
R.A. 2382 otherwise known as the Medical Act of 1959 (Secs. 8, 10) penalized by sec28 states. Farhad Hatani y
Abolhassan, knowing fully well that he has not satisfactorily passed the corresponding board examination, neither is
he a holder of a valid certificate of registration duly issued by the board of medical examiners, as in fact he does not
even appear to have taken or completed the course leading to a medical degree,physically examined Priscila Borja
and Wilma Borja, diagnosed, treated and administer injections on their person.
The Professional Regulation Commission certified that appellant is not among the list of registered physicians nor
among those with special permit to practice medicine in a limited scope.
On the two occasions that Precila woke up, she positively stated that appellant was with her on the bed and that they
were both naked. She also tried to free herself on both attempts from accused, but, he made her unconscious through
injections (TSN, February 9, 1984, pp. 3-5). This is corroborated by the testimony of Agustina, who saw her daughter
and accused together naked on bed (TSN, January 27, 1981, p. 9). These unbroken chain of events leads one to a
fair and reasonable conclusion that accused actually raped Precila.chanroblesvirtualaw
The accused was charged for illegal practice of medicine and for the rape committed during his practice. The
information was file for each crime.
Thus, Hatani was convicted of rape and illegal practice of medicine.

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People vs. Hatani, G.R. Nos.

78813-14, November 8, 1993

--stayed for couple of days

Indeed they found drugs and other paraphernalia.

ISSUE, RULE, APPLICATION OF THE RULE & CONCLUSION.

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