Rectal surgery scandal: Ombuds to DOH: Stop your probe
The Office of the Ombudsman Visayas has ordered the Department of Health to back off from the administrative investigation against the staff of
In a letter addressed to DOH regional director Susana Madarieta, assistant ombudsman for the Visayas Virginia Palanca Santiago said that the anti-graft office will proceed with its investigation based on the complainant’s desire.
“With due respect to the authority of the DOH, we find it proper under the circumstances, that the ombudsman should proceed to investigate and adjudicate the administrative accountability of the concerned VSMMC personnel,”
The anti-graft office reminded the DOH of the fact that the patient has expressed his desire to have his complaint handled by the Ombudsman.
The Ombudsman and the DOH have concurrent jurisdictions on the administrative case against the VSMMC personnel involved in the controversy.
Based on the rules of court whoever takes cognizance first of the case shall the exclusive jurisdiction over it.
Based on the Ombudsman records, the patient filed a formal complaint sometime in the last week of April. The Ombudsman immediately took appropriate action over the matter by formally docketing the complaint as criminal and administrative cases.
In fact, on May 2 the anti-graft office came up with a final evaluation report, which was approved on May 5, recommending for the filing of criminal and administrative charges against the personnel involved.
It was only lately that the DOH conducted its own administrative investigation against those involved.
A controversy on who should take jurisdiction of the administrative case against the VSMMC personnel involved in the controversial rectal operation erupted when the DOH, acting on the complaint filed by VSMMC medical director Gerardo Aquino, conducted its own investigation and ordered for a three months preventive suspension against two doctors and one nurse.
The three were Dr. Phillips Leo Arias, the head surgeon of the controversial
They were administratively charged before DOH-7 for misconduct because of the behavior of the doctors and nurses who were videotaped laughing and cheering while an operation to remove a canister of perfume stuck on the rectum of a 39-year-old male patient was being done.
The video, reportedly taken by a student nurse using a phone camera, was later uploaded on the YouTube website.
The patient, realizing he became the butt of jokes on YouTube, went public in April demanding for an apology from the VSMMC doctors and nurses present during his surgery.
In an order yesterday, DOH Undersecretary Alexander Padilla has directed to discontinue from further hearing the administrative case and turn over the said case to the Office of the Ombudsman Visayas including the documents and the files that they have gathered.
Padilla issued the said order yesterday morning following a meeting with the Visayas Ombudsman last Thursday.
The DOH had actually started its hearing yesterday on the administrative case filed by VSMMC represented by its Chief Dr. Gerardo Aquino.
With the issuance of the order, lawyers of the respondents clamored of the sudden change of decision of DOH that surprised them in the middle of the hearing.
DOH Central Office Prosecutor Harry Novella said that they were not informed of the matter and that they have had even received a go signal of support from Health Secretary Francisco Duque in the morning to continue with the investigation.
“We only knew of this directive. We will check this with the undersecretary if the decision is true,” Novella said.
Lawyer Frank Malilong, legal counsel of the two staff involved in the video namely VSMMC Legal Consultant Isabelita Remulta and nurse Rosemarie Villareal said that they have no choice but to accept the decision because it is internal.
“The lawyers are complaining that the secretary does not know of what he is doing. It seems that the left hand is doing what the right hand does not,” he said.
Nurse Carmenia Sapio’s lawyer Joselito Alo said that his client will be asking for back wages for her suspension.
“My client will be filing a motion to the Civil Service Commission because the suspension order should also be lifted automatically with the take over. Any order should be null and void now that the Ombudsman is taking over. We will also be asking for back wages,” Alo said.
House Inquiry
On Friday, the 12 members of the Committee on Human Rights of the House of Representatives will be in
Committee chairman Erin Tañada will lead the investigating team which will meet with the officials of the DOH, VSMMC, Cebu Medical Society and the camp of the victim for the inquest proceedings.
Akbayan Party-list Rep. Risa Hontiveros-Baraquel, one of the committee members, had talked with Governor Gwendolyn Garcia who allowed them to use the Capitol Social Hall for the proceedings that will start at
Baraquel has earlier filed House Resolution No. 524, which directs the House Committees on Civil Service and Professional Regulation and Civil, Political and Human Rights to conduct a joint inquiry on the alleged “scandalous” video that was posted on a popular video-sharing website and circulated in the cell phones.
The video footage, which runs for about three minutes, shows an operating team of some 10 people and some spectators shouting and laughing while the operation was being performed on the 39-year-old gay florist to take out the perfume canister stuck in his rectum.
In her resolution, Baraquel described the experience of the victim as discriminatory, degrading, abusive and humiliating treatment in the hands of the doctors, nurses, interns and other medical attendants.
“The condemnable conduct of the doctors, nurses, interns and medical attendants involved in the incident displayed a blatant disregard of human dignity and human rights,” she said.
The party-list representative emphasized that the “shameful behavior” of the medical staff violates the ethical standards for government workers and healthcare professionals, “which should be dealt with the force of the law.”
Aside from the conduct of the medical professionals involved, Baraquel said that the patient was also a victim of sexual abuse and hate crime because the perfume canister was inserted into his rectum without his consent. – with Annie Hazel Basada and Rizzi Ann Cerera UP Tacloban CommArts interns/NLQ
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