Ombuds junks admin charges against Toledo health officer

CEBU, Philippines – The Office of the Ombudsman Visayas dismissed the administrative complaint against a health officer of Toledo City for lack of substantial evidence.

Rosaida Atinen filed an administrative complaint against Hermes Labrador, the Medico-Legal Officer of the City Health of Toledo for alleged misconduct and discourtesy in the course of official duties.

Atinen alleged that on June 11, 2007 her 17-year-old son, Archie, was assaulted by their neighbor, a certain Eduardo Estrella.

Atinen said that her son suffered several injuries which were visible and she wanted him examined that day but the City Health Office was closed. They came back the next day, June 12, but there was no doctor around to attend to them.

Her son was examined on June 13.

According to Atinen, they were scolded by Labrador by saying, "Nganong gidala man na nimo diri na wala man na'y samad?" After which, they were instructed by Labrador to pay the amount of P30 and secure the official receipt.

But Atinen said that she was not able to immediately understand the instructions so she asked Labrador again but the latter allegedly answered shouting at her, "Bogo man diay ka!"

After paying the P30 at the City Hall, which is located several meters away from the City Health Office, Atinen returned to Labrador's office with the receipt.

But there, Atinen said she met Labrador on his way out of the office so she asked him where she should give the receipt but he allegedly shouted at her again saying, "Ayaw ko pa balik balika og istorya!"

After the incident, Atinen gave the official receipt to a clerk who in turn gave her the Physical Injuries Report issued by Labrador. But to her surprise, Atinen said the report stated "no physical injury" even if her son's injuries were evident.

So Atinen decided to go to the Department of Social Welfare and Development (DSWD) where she was advised to go to the Vicente Sotto Memorial Medical Center in Cebu City to have her son examined again.

Afternoon that day, Atinen and her son went to the VSMMC where he was examined by Dr. Liwayway Reyes.

Reyes then issued a Provisional Medico-Legal Certificate that said Archie sustained some injuries.

Labrador, in his counter-affidavit, however denied the charges.

According to him, at about 9 a.m. of June 13, 2007, Atinen and her son came to his office in order to have Archie examined.

He said that he interviewed Archie and learned that he was allegedly assaulted. Labrador then examined Archie and found no injury on his body.

Afterwards, Labrador said that he told Atinen to pay to the Office of the City Treasurer the corresponding fees for the issuance of the physical injuries report.

Labrador asserted that contrary to the statement of Atinen, he never scolded or shouted at her when they went to his office. Labrador added that he was merely performing his duty.

Labrador added that the Provisional Medical Certificate issued by VSMMC was not even signed and authenticated. He later learned that the certificate was used by Atinen to file a case of Physical Injuries against Eduardo Estrella, which case was later settled and dismissed.

Graft Investigation and Prosecution Officer II Portia Pacquiao-Suson said she dismissed the case because she found no sufficient basis on the complaint against Labrador. 

According to Suson, there may be difference in the findings of Labrador as compared to the findings of Reyes but this does not mean that one finding was made falsely while the other truthfully. She added the certificate from the VSMMC which was presented by Atinen is not conclusive being a provisional one and containing the note "subject for peer review and/or pending laboratory results."

"There was no evidence to support the charge that Labrador shouted and made insulting remarks against Atinen," said Suson. (FREEMAN)