Resolution Text
N.I.H.,
Complainant,
-versus-
WSQ Medical Center,
represented by N.W.W.E., Dr. N.O., and Dr. O.P.,
Respondents.
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LIBORO, PC.:
Before this Commission is a Compromise Agreement (CA) between the complainant N.I.H. (Complainant) and respondent WSQ Medical Center, as represented by N.W.W.E., Dr. N.O., and Dr. O.P. (collectively referred to as Respondents).
Facts
On 06 November 2016, Complainant, through an email, filed a complaint against Respondents for violation of her right to access. In her Complaint, Complainant alleged that she asked for a copy of the medical records of her late brother, who died at the Intensive Care Unit of the WSQ MC.
After the discovery conference and several hearings, parties received an Order from the Commission dated 06 December 2017 stating that the case will be submitted for resolution unless the parties submit their Joint Settlement Agreement.
On 11 January 2018, the parties through their counsels filed before the Commission a Joint Manifestation dated 09 January 2018 asking for an extension of time to finalize and submit the Compromise Agreement, which was granted in the Order issued by the Commission dated 17 January 2018.
On 17 January 2018, the parties executed a Compromise Agreement, containing the following provisions:
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Without admitting any claim or liability, and solely for the purpose of buying peace and amicably settling their dispute, the Parties agree to terms and conditions of this Compromise Agreement and to perform their respective obligations as outlined herein.
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In consideration thereto, WSQ Medical Center, Dr. N.O. and Dr. O.P. shall tender to Ms. N.I.H., the total amount of THREE HUNDRED THOUSAND PESOS (P300,000.00), as full and final settlement of all claims of Ms. N.I.H. against WSQ Medical Center, Dr. N.O. and Dr. O.P., by reason of or arising from the confinement and treatment of S.H. at the WSQ MC.
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Ms. N.I.H. shall release and discharge, as she hereby releases and forever discharges Dr. N.O., Dr. O.P. and the WSQ Medical Center, its officers, employees, agents and representatives from any and all claim, demands, and/or causes of action of whatever nature arising from the case or in relation to the confinement and treatment of S.H. at the WSQ MC.
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On 23 January 2018, the parties, through their counsels, submitted their Joint Motion to render judgment based on the Compromise Agreement.
On 01 March 2018, the following were submitted by the parties: (1) the Ex Parte Manifestation dated 27 February 2018; (2) the corrected copy of the Compromise Agreement due to several typographical errors on the document; and (3) the Check Voucher that was prepared and issued by the Respondents bearing the amount agreed upon.
Discussion
This Commission confirms the Compromise Agreement dated 27 February 2018 between the Complainant and the Respondents.
Section 25 of the National Privacy Commission Circular No. 16-04 provides that the Commission shall facilitate or enable settlement through the use of alternative dispute resolution processes.
After a thorough study and adjudication of the case on hand, the Commission finds that the Compromise Agreement dated 27 February 2018 by and between the Complainant and Respondent is not contrary to law, public policy, morals, or good customs.
In the case of Municipal Board of Cabanatuan City v. Samahang Magsasaka, Inc.,1 the Court ruled that a compromise agreement is a contract between the parties, which if not contrary to law, morals, or public policy, is valid and enforceable between them.
With the foregoing, the Commission finds the executed Compromise Agreement dated 27 February 2018 by and between the Complainant and the Respondent as valid and enforceable.
WHEREFORE, in view of the foregoing, this Commission RESOLVES to CONFIRM the Compromise Agreement executed by and between N.I.H. and WSQ Medical Center and Dr. N.O. and Dr. O.P. The case NPC 16-005 is hereby considered CLOSED.
SO ORDERED.
Pasay City, Philippines. 10 September 2020.
RAYMUND ENRIQUEZ LIBORO
Privacy Commissioner
WE CONCUR:
LEANDRO ANGELO Y. AGUIRRE
Deputy Privacy Commissioner
JOHN HENRY D. NAGA
Deputy Privacy Commissioner
Copy furnished:
N.I.H. Complainant
N.W.W.E. Dr. N.O. Dr. O.P. Respondents
WSQ Medical Center
COMPLAINTS AND INVESTIGATION DIVISION ENFORCEMENT DIVISION GENERAL RECORDS UNIT
Footnotes
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Municipal Board of Cabanatuan City v. Samahang Magsasaka, Inc., 62 SCRA 435 (1975). ↩