Doctor asks court to dismiss libel raps filed by fellow doc

The former chairman of the radiology department of the Sacred Heart Hospital who was accused of libel by his successor is asking the court to evaluate the case filed against him first and to hold in abeyance the issuance of a warrant of arrest until his motion is resolved.

Dr. Warfe Engracia, through lawyer Ramon Ceniza, filed a motion for judicial determination of the libel case filed against him by Dr. Valeriano Hortelano.

Engracia prayed that the court withhold the issuance of the warrant for his arrest and for the subsequent dismissal of the case for lack of merit.

He said none of the three elements of the crime of libel could be found when he posted the names of the hospital personnel and wrote the words "not qualified" and "no fellowship" next to the name of Hortelano, who replaced him as chairman of the radiology department.

He contended that there was no defamatory imputation, no malice and there was no publication, which are essential elements of the crime of libel.

Engracia used to be the chairman of the radiology department of SHH. However, when the new medical director of the hospital assumed, Engracia was displaced in favor of Hortelano.

Engracia protested Hortelano's appointment on grounds that he is allegedly not qualified for the position having no fellowship on radiology, which is required under the Department of Health rules and regulations.

He added that he was just stating a fact when he wrote the words "no fellowship" and "not qualified." Engracia added that there was also no malice about it because they did not have any personal differences. He also said there was no publication apart from the act of posting the words in the control room of the CT-Scan section of the hospital. Engracia said he did not make known the alleged defamatory matter to some other people.

He said that the case should have been outrightly dismissed by the prosecutor's office to avoid the court from being bothered. - Fred P. Languido/QSB