Civil Service Commission declares suspension vs. nurse on canister scandal illegal

CEBU - The Civil Service Commission has declared as illegal the three-month suspension of a nurse at the Vicente Sotto Memorial Medical Center who was allegedly involved in the controversial canister scandal.

The CSC also ordered the hospital management to pay nurse Carmina Sapio her back wages and to let her return to work.

Lawyer Joselito Alu, legal counsel of Sapio, said they already received the copy of the final decision that was rendered by the head office of Civil Service Commission in Manila.

He explained that the decision said the VSMMC has no jurisdiction and the case is not part of the fact its finding committee, especially the imposition of suspension on Sapio, who was just a circulating nurse at that time when the controversial operation was done.

To recall, Alu filed a petition questioning the jurisdiction of the hospital management on the case because it is the Office of the Ombudsman that holds the criminal case pertaining to the so-called “Cebu canister scandal.”

But because Sapio has already served the suspension for 30 days, CSC ordered the VSMMC to pay Sapio her back wages during the time that she was suspended.

A 39-year-old homosexual, who underwent minor operation at VSMMC on January 3, 2008 has came out in the open a few months after he underwent the medical procedure and expressed his intention to file charges against the doctors and medical staffs of the hospital who allegedly made fun of him and circulated the video of him while he was undergoing operation.

The video footage, which runs for about three minutes, shows an operating team of more than 10 people shouting and laughing while the operation was being performed. The video became controversial after it was circulated in the Internet and cell phones.

The doctors and nurses were identified as head surgeon Philips Leo Arias, assistant surgeons Angelo Linawagan and Max Joseph Montecillo, nursing attendant Rosemarie Villareal, and circulating Nurse Carmina Sapio.

The National Bureau of Investigation was also asked to make its own investigation into the incident to help track the person responsible for the circulation of the video.

DOH Secretary Francisco Duque III said the three doctors and two nurses would be facing charges for violating hospital protocol together with Dr. Marlowe Parreño, VSMMC consultant; Isabelita Remulta, senior operating room nurse supervisor; Consuelo Tecling, senior operating room nurse and Ida Sumayang, senior operating room nurse.

All of them are now back to work after serving months of suspension that was imposed by the DOH. — Johanna Natavio/WAB   (THE FREEMAN)