Ousted PGH director seeks TRO

MANILA, Philippines - Saying his removal from office violated his right to due process, the ousted director of the Philippine General Hospital has asked the Quezon City regional trial court for a temporary restraining order and to nullify the appointment of the new PGH head.

Dr. Jose Gonzales filed the petition for quo warranto and asked for an injunction pending the litigation of the case, to stop Dr. Rolando Enrique Domingo from performing his functions as the new PGH director. Gonzales was elected by the University of the Philippines Board of Regents as PGH director on Dec. 18, 2009 by a vote of 6–5 against Dr. Carmelo Alfiler, a former director. But Gonzales’ appointment was questioned due to a vote of a student regent who was supposedly not qualified to vote because of failure to enroll this semester.

The UP BOR then voted again for the post without the vote from the said student regent on Feb. 25, during which Domingo got six votes while Gonzales and Alfiler both got zero. “This action prays for the court to declare petitioner Gonzales as rightfully the director of the University of the Philippines-Philippine General Hospital,” the petition stated.

Apart from Domingo, also named respondents are BOR chairman Emmanuel Angeles, co-chair Emerlinda Roman and regents Abraham Sarmiento, Nelia Gonzales, Francis Chua and Cynthia Villar. According to Gonzales’ counsel, lawyer Antonio Pastelero he said Gonzales was duly appointed. He was elected by the BOR and was sworn in. “You cannot just remove him.”

In an interview, Pastelero claimed Domingo only came in because of “interference of higher ups.” Pastelero said Gonzales’ ouster was without cause and violated his right to due process. He said Gonzales was not informed of the proceedings that led to the nullification of the election last December. He added that once an appointment has been made, the appointee may not be ousted except for legal cause.   – Reinir Padua