In their pleading before the court, the prosecutors said the Health Service Referral that Favila has attached to his motion "does not in any manner state a necessity, let alone an urgent one, for the hospital confinement of accused Favila."
The Health Service Referral only reportedly stated a plan for a referral to the CCMC "for further management," which could mean that there is actually no necessity of a confinement.
"It must be borne in mind that accused Favila is not an ordinary citizen with ordinary rights. He is in jail for a reason. He cannot request for a hospital confinement without the most compelling reasons. His right to comfort and to receive treatment as a jail inmate must be weighed against public welfare and the right of the state to protect its citizens," the prosecutors said.
The prosecutors argued that the jail physician could diagnose and prescribe medication for Favila's alleged sickness to support his ongoing medication.
The prosecutors then asked the court to call for a hearing that would enable the jail physician and other medical experts to speak on Favila's actual health condition.
The court is awaiting the medical findings of doctors at CCMC following the checkup made on Favila last week. It ordered further medical examination on the suspect shortly after he filed his motion for confinement. However, Favila was immediately returned to the Bagong Buhay Rehabilitation Center after the checkup.
Favila filed a motion to be confined at the city hospital for diabetic ulcer. His motion said his present condition "demands an immediate medical attention and confinement to avert any untoward complications, which might lead to his untimely death."
Favila is facing charges in court for allegedly shooting lawyer Arbet Sta. Ana-Yongco to death in her residence in barangay Zapatera in 2004.
Yongco was the private prosecutor in the parricide case against Ruben Ecleo Jr., the supreme master of the Philippine Benevolent Missionaries Association, of which Favila is a member. Ecleo's charges stemmed from the killing of his wife, whose body was discovered stuffed in a black garbage bag in January 2002.
Last February 1, the court had granted Favila's request for medical examination and treatment for pulmonary tuberculosis. Lately, BBRC jail doctor Juan Reyes found Favila to have diabetic ulcer.
Favila's lawyer Giovanni Mata had said his client has again complained of severe back and chest pains, difficulty in breathing and severe pain caused by an ulcer in his right foot, a result of his diabetes.
Mata said if the ulcer would not be given immediate attention, it could lead to complications that may result to amputation. - Joeberth M. Ocao/LPM