Who will handle the surgery scandal case probe?: Ombudsman set to decide today, but DOH might continue its own

The Ombudsman-Visayas will decide today whether or not it will go on with its investigation into the surgery scandal case.

Assistant ombudsman Virginia Palanca Santiago said the Department of Health-7 was given an ultimatum until yesterday to decide to stop its own investigation into the case, and should the DOH fails to decide on this, the Ombudsman will start acting on the case today.

Santiago admitted that the Ombudsman had temporarily withheld any action on the cases pending the resolution of the issue on jurisdiction, which was raised after the DOH-7 conducted its own investigation after the anti-graft body has already conducted its own.

Despite the Ombudsman’s announcement, however, the DOH-7 yesterday announced it will continue with its investigation into the surgery scandal on Tuesday even if the victim himself filed a motion asking the Ombudsman to take over the case.

DOH assistant regional director Lakshme Legaspi said a notice of hearing was already issued so the department has to go on with it considering that there has been no order yet from the DOH legal department for the DOH-7 to stop the administrative case hearing filed by the Vicente Sotto Memorial Medical Center against its six employees involved in the scandal.

Legaspi said the DOH has jurisdiction over VSMMC so it has to continue with its investigation, and it would be up to the DOH central office to decide whether this has to stop and let the Ombudsman handle the case. Besides, the Ombudsman has not communicated yet with the DOH-7 on the matter, she said.

The Ombudsman and the DOH have concurrent jurisdictions, and the rules state that whoever has taken cognizance of the case first shall have the exclusive jurisdiction.

Santiago said they have established that the Ombudsman was first to take cognizance of the case, so the DOH must now decide whether or not to yield its investigation to the Ombudsman. Santiago said the DOH has asked a copy of the Ombudsman’s final evaluation report, which the DOH will study first before coming up with a decision.

Apart from the two, the congressional committee on human rights has announced that it will conduct a hearing on May 29 or 30 regarding the resolution filed by victim himself.

The hearing, according to Akbayan partylist’s staff member Ernie Edralin, will be led by Quezon Province Rep. Erin Tañada, head of the committee, and will be held most likely at the Capitol.

The committee has planned to include in its investigation a visit of the operating room VSMMC where the controversial surgery was done. The victim, his counsel Guiller Ceniza, and barangay captain Dave Tumulak have confirmed their attendance to the hearing, said Edralin.

Meanwhile, the Ombudsman yesterday granted the request of the victim, through his lawyer Ceniza, to appeal to the media not to divulge his real identity to the public.  — Jasmin R. Uy, Fred P. Languido, staff members, and Annie Hazel D. Basada and Rizzi Ann Cerrera, UP Tacloban CommArts interns/RAE