VSMMC seeks dismissal of civil suit

CEBU, Philippines -Vicente Sotto Memorial Medical Center (VSMMC) Chief Dr. Gerard Aquino, Jr. sought for the dismissal of the civil case filed against them by a father whose son died because of the alleged negligence of a physician in the said government hospital.

VSMMC as public hospital and Dr. Gerardo Aquino Jr. as its Chief, filed a motion to dismiss case citing two grounds saying Davin Sedeño, father of three year-old Raven James Claros who was confined at the VSMMC, cannot sue the State unless there was consent.

“In impleading public defendants in the instant case, plaintiff effectively seeks damages from the Republic of the Philippines; hence, this is patently an unconsented suit against the State that is prescribed by law and jurisprudence,” the motion reads.

Citing Section 3, Article XVI of the Constitution, the defendants pointed out that the “State may not be sued without its consent,” and added that such provision is also applicable to the complaints filed against the officials of the state in the discharge of their duties.

Aquino, in his motion, likewise cited the complainant’s failure to state the cause of action as grounds for the dismissal of the case.

“There is absolutely no averment in the complaint that would, at the very least, indicate any act or omission on the part of the public defendant that would be in violation of plaintiff’s rights,” they said.

VSMMC and Aquino stated it would be unfair to them to “undergo the rigors of trial” when the complaint does not even charge them of any wrongdoing saying that the complainant only imputed negligence on their co-defendant, Dr. Mary Joy Villalon, who was in charge of the surgery on the complainant’s son.

Sedeño, of Lawaan I, Talisay City, Cebu, sought the court’s help against Villalon, whom he wants to pay a total of P2, 454, 600. He said his son was confined at the VSMMC to undergo colostomy surgery, imperforate anus surgery and colostomy takedown surgery after Raven was born with an imperforate anus.

Raven underwent three operations. The attending physicians declared the two to be successful – the colostomy surgery and the imperforate anus surgery.

 For the third operation, Villalon performed the surgery for colostomy takedown.

However, days after, Raven was declared dead after he suffered pain in his stomach. — (FREEMAN)