Thursday, May 15, 2008 Jurisdiction concurrent: ombud
JURISDICTION on the administrative investigation on medical workers in the controversial operation on Genaro Jorolan, also known as Jan-Jan, at the Vicente Sotto Memorial Medical Center (VSMMC) goes to both the health department and the anti-graft office.
Deputy Ombudsman Pelagio Apostol explained that yesterday in reaction to news that VSMMC Chief Gerardo Aquino has filed a complaint against six people present during the procedure, a video of which was uploaded to YouTube.com.
The Office of the Ombudsman-Visayas, through a final evaluation report (FER) prepared by associate graft investigator Elmer Gutierrez and approved by Assistant Ombudsman Virginia Santiago, also leveled charges against VSMMC doctors, nurses and clinical instructors for the same incident.
Rules
The anti-graft office impleaded 14 people criminally. Twelve of them are to be investigated administratively.
“Jurisdiction is concurrent on administrative cases. Based on the rules of court, which we (the Office of the Ombudsman) adopted, jurisdiction will go to who is first to take cognizance of the case,” he said.
When informed that the Department of Health (DOH) has already issued a preventive suspension order against two doctors and one nurse, Apostol said he’ll confer with health department officials first.
“If they have already begun an administrative investigation, then we will just focus our attention on the criminal aspect,” he said.
Review
If the health department continues to exercise jurisdiction, its findings will not be subject to Ombudsman review.
Moreover, unless formally impleaded, the other people mentioned in the anti-graft office FER but not included in the charge that Aquino formally filed will not be included in the formal administrative probe.
Under Sec. 19 of Republic Act 6770, the Ombudsman Law, the anti-graft office is tasked to act on all administrative complaints regarding acts that are, among other things, contrary to law or regulation, unreasonable, unfair, oppressive and discriminatory, and acts which are inconsistent with the general course of an agency’s function.
Sec. 20 of the same statute provides exemptions, however. Among these are acts that have adequate remedy in other judicial or quasi-judicial bodies.
Jorolan’s lawyer, Guiller Ceniza, wants to intervene in the ongoing DOH investigation.
“Mao to akong gipaklaro ni Director Santiago gahapon, di mi gusto nga pasagdaan ang DOH sa ilang investigation. We want to intervene (That’s what I wanted clarified. We didn’t want to just let DOH continue with its investigation),” said Guiller Ceniza.
Ceniza clarified that the complaint filed at the Office of the Visayas Ombudsman is for “violation of the Code of Ethical Standards of Government Employees.”
Protocol
He said the DOH is conducting an investigation because there was a violation of hospital protocol and standards with regards to the care and protection of their patients.
“Our understanding of DOH sa ilang investigation is on the violation of their own rules, their own policies,” he added.
Ceniza said that the complaint filed before the anti-graft office is separate because it is on the violation of the code of ethical standards.
However, confusion surfaced early yesterday as to who will now handle the case as both the ombudsman and the DOH are looking into the case.
When Jorolan and Ceniza went to the DOH yesterday, DOH 7 Director Susana Madarieta admitted that they only found out about the administrative case filed at the anti-graft office through yesterday’s local papers.
“Actually, wala pa mi naka-communicate with the ombudsman, wala mi formal communication with them,” said Madarieta.
Jorolan and Ceniza wanted to file a complaint before the DOH yesterday.
They clarified that their complaint is different from the one filed at the ombudsman.
In their complaint, they will be including VSMMC Chief Aquino and not the hospital alone.
“In our complaint, it is very specific, it will only be regarding the violation of hospital protocol that affected the rights of my client,” said Ceniza.
DOH lawyer Adnonis Meñez, for his part, said, “This will be treated as a separate case, a straight admin case.”
Jorolan’s complaint will be treated as a separate case because his complaint is against VSMMC’s management and the ones who operated on him, while the complainant in the case currently handled by DOH is Aquino. (KNR/EPB)
