Sator faces charges over 'faulty' autopsy findings

CEBU, Philippines - PNP medico-legal officer Dr. Nestor Sator is now facing criminal and administrative complaints over an "erroneous" autopsy report in the death of a man who was allegedly mauled after being suspected of shoplifting in Metro Gaisano Colon.

Lawyer Wendell Quiban told the media that the family of the victim, Mario Alfie Ducayag, wanted the license of Sator revoked due to the incorrect report.

"The glaring rectangular contusion at the victim's anterior chest is too clear to be left unnoticed. The injury was enough to alarm Dr. Sator of the presence of foul play, but unfortunately, he indicated the nature of case as pathological," he said.

The complaints filed before the Cebu City Prosecutor's Office against Sator were grave misconduct, conduct unbecoming of a public officer and a violation of Section 3(e) of Republic Act 3019 or anti-graft and corrupt practices act filed before the Office of the Ombudsman-Visayas; obstruction of justice and false medical certificate or falsification of a public document filed before the Cebu City Prosecutor's Office and medical malpractice and unethical conduct filed before the Professional Regulations Commission.

Ducayag, 23, of Tuyan, Naga City, Cebu, was accused of shoplifting a pair of Sandugo sandals last Apr. 12, 2013. He was brought to the store's investigation room where he was allegedly mauled.

Fe Soledad, the mother of the victim said Sator revealed the nature of case was pathological and the cause of death was asphyxia due to bleeding pulmonary tuberculosis. This was contrary to the findings of National Bureau of Investigation-7 medico-legal officer Dr. Rene Cam and former NBI medico-legal officer Dr. Gil Macato who both said the victim died of a traumatic injury to the neck.

Fe Soledad said she and her daughter, Marie Shantylle, decided to ask for a re-autopsy as the victim had no tuberculosis.

"Needless to state, the aforementioned graphical comparison would readily reveal that the cause of death of my son is well supported by the findings of Dr. Cam in his re-autopsy report while the findings of Dr. Sator is patently and grossly incorrect," the affidavit read.

Fe Soledad said Macato told them that it was impossible for the victim to have died by asphyxia due to bleeding pulmonary tuberculosis considering the latter has no tuberculosis and there were no traces of blood in the victim's mouth and tongue.

Quiban likewise said Sator branded the injuries of the victim as erythema while Cam labeled it as contusions and abrasions.

Erythema is reddening of the skin usually caused by slight spanking, scratching and rubbing of the skin or exposure to sunlight while contusion is reddish to purplish discoloration on the body usually caused by a forceful contact.

Macato executed an affidavit against Sator.

IBP

The victim's family met the president of the Integrated Bar of the Philippines Cebu City Chapter, Mae Elaine Bathan, yesterday. Marie Shantylle said that they visited Bathan after she issued a statement that they are willing to give assistance to the family if asked.

Bathan said the IBP is closely monitoring the case and will extend legal assistance and advice if needed.

Ready for raps

Sator said he is ready to face the charges.

"Sige lang. Mao man kaha'y ilang gusto, ato lang nang atubangon," he said. However, the medico-legal officer wondered why the case has reached the point that the family would sue him, when, in fact, he properly explained to them his findings.

"I told them that there's a strong possibility na ma'y commotion nahitabo considering may injury siya. Giingnan pa nako sila na 'you can even file a case against the three security guards'," Sator said.

Sator explained that the erythema indicates the possibility of a commotion, hence, there was foul play. He explained these findings to Soledad as Marie listened.

"Ang ako ba, nahibong ko nganong ingon ana ang nahitabo, naabot pa to that extent na ikiha ko nila. Kung unsa'y akong nakita, maoy akong na-report," he said.

Sator, who is barely two years shy of retirement, said that this is the first time that a case was filed against him. He has been a medico-legal officer of the PNP since 1990.

Assistance

Meanwhile, the Capitol is ready to extend financial and legal assistance to the victim's family.

Acting Governor Agnes Magpale yesterday said that the Capitol's social workers and lawyers are willing to provide whatever assistance the family may need.

"We are just waiting mo-ari sila nato," Magpale said.

Magpale declined to comment on the case being filed in court.

"We are hoping that the truth will come out," Magpale said.

The NBI-7 has formally requested the PNP for a copy of the affidavits of Mauricio Dublados, the chief of customer intelligence of Metro Gaisano Colon, and house detective Melvin Boyles, in relation to death of the victim.

The two earlier executed an affidavit before the police pinning Jeffrey Aquino, the closed-circuit television operator, as the one who mauled Ducayag. Their affidavit was the basis for the arrest of Aquino. -Mylen P. Manto, Niña G. Sumacot, Gregg M. Rubio and Denelle Dolleson, Bicol University intern/BRP (FREEMAN)