Monday, October 08, 2007 Magna Carta for Health Workers: Iturriaga's 'last card' vs Capitol By Jerome S. Galunan Jr.
IN THE midst of an "uphill battle" against the Capitol order dismissing him from the government service, Dr. Vicente "Itik" Iturriaga, Medical Specialist II at Teresita Jalandoni Memorial Provincial Hospital (TJMPH) in Silay City, is not losing hope to win the battle.
For him, he has still the "last card" to lay down and he's confident of winning to cling on his present position.
And this last card...is the Magna Carta for Health Workers or the Republic Act 7305, said Iturriaga, in an interview with Sun.Star-Bacolod Sunday night.
He said under Rule 11 of the R.A. 7305, it states that no administrative charges shall be filed against a public health worker unless an existing prima facie evidence is established in the preliminary investigation/hearing.
Administrative charges then shall be known to him and heard by the committee created for the purpose, the doctor added.
And in his case, he said the provincial health officer of the province should be the chairperson of the committee to be created with representative from any existing national or provincial health workers' association.
The committee then shall submit its recommendation to the Secretary of Health or to the appropriate disciplining authority within 30 days from the termination of the investigation, he stressed, adding that all these have not yet been observed by the Capitol.
Iturriaga cited the case in Iloilo Province also against a government doctor like him.
He said that Iloilo Gov. Niel Tupas, Sr. has signed an executive order on May 30, 2006, ordering the creation of a committee to hear an administrative case against the chief of hospital for alleged disgraceful, immoral conduct and oppression.
Iturriaga said both lawyers Mary Ann Manayon-Lamis and Ernie Magaspag also of the Provincial Legal Office in Negros Occidental, should supposed to direct Governor Joseph Marañon of what to do.
However, what they're doing is just "misleading" the governor of the real concept of the law that protects us as medical health workers, he said.
Thus he said he's filing disbarment case against Lamis and Magaspag.
"They have to teach the governor of what is right and what is wrong, but not to blind the old man," he added.
He stressed that the processes by which the investigation was done in his case were doubtful and incorrect from the very start.
The case was only based on the unsigned letter-report submitted by 65 hospital personnel for my alleged unbecoming behavior and immoral activities of a hospital head like me.
Iturriaga was accused of charging poor patients despite the fact that he's conducting surgeries using government facilities and are being done during government hour.
"Ridiculous!" This was how Iturriaga described.
He also said all the statements against him by some of the patient-complainants were also manufactured or fabricated and so all are baseless.
He then revealed that on August 10, 2006 at 2:35 p.m., a blotter was filed by Danny Espinosa Andrade for record purposes at the Silay City Police Office, saying that on the middle of July 2006, a certain Mr. Lastierre of the Provincial Legal Office of Negros Occidental sought him but wasn't able to met him.
However, the following day, Magaspac of the same office looked for him and asked him if he can execute a complaint-affidavit against him.
Andrade further said that Magaspac also inquired how much he is charging for his service but Andrade replied to Magaspag, "Dr. Iturriaga is neither charging for anything nor collect money from his patients as doctor's fee.
With this, Iturriaga said, "I know that I'll win my battle."
