Thursday, May 29, 2008
Health workers stay suspended despite case’s transfer to ombudsman from DOH
DESPITE the takeover of the administrative investigation by the ombudsman, the Department of Health (DOH) will not lift the three-month preventive suspension on three Vicente Sotto Memorial Medical Center (VSMMC) employees over a controversial operation.
Dr. Angelita Salarda, head of the hearing committee, said the DOH is not terminating the case but merely endorsing it to the ombudsman.
The ombudsman, meanwhile, is considering an extension of the suspension of the three workers and expanding the coverage to nine other VSMMC medical workers.
These health workers are being administratively investigated after the video of a surgery, where doctors removed a perfume canister from a patient’s rectum, was circulated online.
Deputy Ombudsman Pelagio Apostol, however, said the suspension is up to the graft investigator who will be assigned to the case.
“A determination needs to be made first. If there is a need, we will just extend or even deduct the period already served,” he said.
Republic Act 6770 or the Ombudsman Law grants the anti-graft office the power to place any official under preventive suspension for as long as six months.
The suspension can be imposed if the agency, through its investigator, finds the evidence of guilt strong and if the charge involves dishonesty, oppression, grave misconduct or neglect in the performance of duty.
The administrative case before the ombudsman against 12 VSMMC medical professionals is for, among others, grave misconduct.
In a final evaluation report approved by Assistant Ombudsman Virginia Santiago, the doctors and nurses were cited for “failing to stop” the students and others in using cameras and cell phones during the operation on Genaro Jorolan inside a place where sanitation should be strictly observed.
“They also failed to stop the laughing and cracking of jokes which are insulting in nature. Such conduct of the VSMMC doctors and nurses in the middle of the operation, too much jokes, laughter, use of videos, cameras and mobile phones, and unruly (operating room) behavior could not just be ignored and let go as these caused
embarrassment,” the report said.
“Such acts really are unbecoming of public officials who belong to the medical profession, whose prime concern should have been the best interest of their patients. Their failure to observe this is discreditable and inexcusable,” the report said.
The 12 people include Dr. Phillips Leo Arias, the surgeon in charge; Dr. Marlowe Parreno, the consultant of the Department of Surgery; Dr. Angelo Linawagan, the assistant surgeon; and Dr. Joseph Alfred de Leon, the one assigned to document the procedure, as well as Drs. Joanne Mae Merilles, the resident anesthesiologist; Serapio Salazar, the consultant of the Department of Anesthesiology; and Joseph Montecillo of the Department of Surgery.
Among the nurses were Isabelita Remulta, the operating room nurse supervisor, circulating nurse Carmina Sapio, operating room nurse supervisor Consuelo Tecling, nurse on call Ida Sumayang, and nursing attendant Rosemarie Villareal.
DOH already placed Arias, Montecillo and Sapio under preventive suspension for three months.
But with DOH’s decision to let the ombudsman handle the probe, the lawyer of one of those suspended said the order should be lifted.
Joseph Alo, Sapio’s lawyer, said the takeover by the ombudsman proves the DOH did not have jurisdiction over the case. He said this showed that the suspension order is void.
Salarda, however, said the DOH had jurisdiction from the start of the case.
“The preventive suspension imposed was valid because we acquired jurisdiction when the formal charge was filed before us. So we acquired jurisdiction over the subject matter. And when we sent them (respondents) the formal charge and when they answered us, then we acquired jurisdiction over the parties,” said Salarda.
Salarda said the ombudsman will assume the case and continue the investigation.
“We are not terminating the case, we are just endorsing it to the ombudsman, and the ombudsman said they will assume whatever we have done and continue with it,”
Salarda said.
“It was very difficult on our part, because we know fully well that we have jurisdiction but we cannot just defy the orders of our boss from the central office,” she said.
The DOH will forward their final report to the ombudsman within 15 days, but given the urgency of this case, Salarda said that they will try to send all necessary documents as soon as possible. (KNR/EPB)
For Bisaya stories from Cebu. Click here. (May 29, 2008 issue)
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