Gov’t. doctors sued over postmortem findings

THE former medico-legal officer of the National Bureau of Investigation (NBI) in Central Visayas yesterday filed a string of criminal and administrative charges against two officials of the Cebu City Health Office (CCHO) and a government doctor over postmortem exam findings.

Dr. Gil Cua Macato charged Dr. Stella Ygonia, CCHO chief; Dr. Eliseo Virtucio II, CCHO Cadaver Section chief; and Dr. Nestor Sator, police medico-legal officer, with unjust vexation and violation of the anti-graft law.

Macato filed the complainants before the Office of the Cebu City Prosecutor, Office of the Ombudsman-Visayas and the Professional Regulation Commission.

In his complaint, Macato said Virtucio began questioning, doubting and even “adversely commenting” on the certificates of death of his client funeral parlors.

Inaccurate

Virtucio allegedly told the funeral parlors, which engaged the services of Macato, that the latter’s findings are inaccurate and that he is not qualified to sign certificates. 

Likewise, Virtucio allegedly told the funeral parlors that he will not accept death certificates signed by Macato.

Macato said Virtucio asked the funeral parlors’ representatives why they are availing themselves of his services and how much they pay for him.

Macato said Virtucio even offered to do the job himself, or in his absence, he recommended Dr. Sator to conduct the postmortem examinations.

The complainant cited one incident when Romeo Chua, liaison officer of St. Francis Funeral Homes, went to the City Health Office to submit the death certificate of a certain Jane Hazel Joy Empuerto, who died of asphyxia by hanging. Macato signed it.

Virtucio allegedly insinuated to the city health’s cadaver personnel that Macato is not qualified to sign the death certificate.

Macato said Virtucio rejected the death certificate dated March 7 of one Quirino Togonon, whom he examined postmortem.

Virtucio allegedly instructed the funeral parlor representative to refer the case to Dr. Sator, who then conducted an autopsy and issued another death certificate.

“His (Virtucio) directive for an autopsy has no basis in law, but the downside of it is that my name is put to a question mark and caused rippling effects on my clients,” read Macato’s complaint prepared by lawyer Wendell Quiban.

Meeting

On March 14, 2013, the City Health Office met with representatives from various funeral parlors from the cities of Cebu, Mandaue, Lapu-Lapu, Talisay and Naga and the towns of Balamban, Minglanilla and Liloan.

The meeting, which was presided by Doctors Virtucio, Ygonia, Alma Corpin and Sator, aimed to discuss the maintenance and inspection of morgues and referrals of medico-legal cases to Sator for autopsy.

It was also discussed during the meeting that deaths in residences and the dead or dying on arrival at hospitals should not be referred to Macato.

During the meeting, Ygonia and Virtucio allegedly announced that they will reject the death certificates signed by Macato, if he is not the attending physician of the deceased.

After the meeting, Macato said he lost big clients, including the Borgonia Funeral Homes, Mount Olive Funeral Homes and San Francisco Funeral Homes. 

Macato said Virtucio gave “manifest partiality” to Sator over him.

“His (Virtucio) acts of warning my clients to refrain from availing of my services, non-acceptance of my signed death certificates, making unwanted and unfair comments, offering his services and that of Dr. Sator...are tell-tale signs of his engagement or his financial interest in the preparation of death certificates,” read Macato’s complaint.

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