CA affirms revocation of Hayden Kho's medical license

MANILA – Hayden Kho could still not practice medicine after the Court of Appeals (CA) affirmed the ruling of the Professional Regulation Commission (PRC), which found him guilty of immorality, dishonorable and unethical conduct over videos containing his sexual trysts with women.

Kho, a former cosmetic surgeon of the Belo Medical Group Inc. (BMGI), was investigated by the PRC following a Senate committee conducted an inquiry into the so-called sex video scandal involving him and female celebrities in 2009.

One of the complainants was actress Katrina Halili, who claimed that she did not give her consent for the recording of the video.

The PRC ruling upheld that of the Board of Medicine dated November 20, 2009, which recommended that Kho's certificate of registration and license to practice medicine be recalled.

In a decision penned by Associate Justice Edwin Sorongon, the CA's Eight Division denied the petition filed by Kho, saying the commission rightly exercised its discretion to suspend or revoke the certificate of registration and professional license of erring professionals.

Citing the Basics of Philippine Medical Jurisprudence and Ethics, the CA further said that "(t)he practice of medicine is not a natural right but a privilege bestowed by the State on those who show that they possess, and continue to possess, the qualifications required by the conferment of such privilege."

The appellate court further dismissed Kho's appeal that the circulation of the video cannot warrant the revocation of his license "because it was concededly not done in relation to the practice of his medical profession."

It said that the disqualifying immoral conduct specified in the medical rule book need not be directly connected with the practice of the profession.

"(A) relation between the complained act constituting immorality or dishonorable conduct to the practice of medicine need not exist. It may pertain to life in general as there can be no dichotomy to separate a physician’s existence into his professional and personal being," the CA ruled.

The appellate court said the standard of morality expected of medical professionals is quite high since the State recognizes the fact that physicians should protect the health, safety and well-being of the public.

"Corollary, the power of the State to issue licenses in exercise of its regulatory authority also carries with it the right to suspend or revoke the same," the decision stated.

Records claimed the recording of the subject sex video occurred within two weeks after Kho performed a liposuction procedure on Halili on August 22, 2007. (JCV/Virgil Lopez/Sunnex)