Surgery Scandal Case: Victim wants those involved put in preventive suspension

The victim in the surgery scandal case had plans, through his lawyer, to ask the Ombudsman to place all the medical personnel and even consultants involved under preventive suspension.

The Ombudsman has already taken over from the Department of Health the administrative investigation of the case, and while the previous DOH suspension order against two doctors and a nurse of the Vicente Sotto Memorial Medical Center remains in force, the victim’s lawyer wanted similar order imposed on the other medical personnel in the case.

The DOH earlier placed Drs. Phillips Leo Arias and Joseph Montecillo. and nurse Carmenia Sapio under a 3-month preventive suspension. Although the DOH has turned over the case to the Ombudsman, it did not lift the preventive suspension against the three.

Lawyer Guiller Ceniza said that, with the Ombudsman already handling the case, his client would ask the Office of the Ombudsman in the Visayas to suspend also the other doctors and nurses that the Ombudsman had lately identified to be possibly linked to the issue.

“We want higher officials also included in the suspension,” Ceniza said over dyLA, adding that he will soon file a formal motion at the Ombudsman on the matter.

The Ombudsman’s fact-finding investigation found basis for the upgrading of the complaint against the medical staff for violation of Section 3 (e) of Republic Act 3019 (Anti-graft and Corrupt Practices Act) and grave misconduct against seven doctors and five nurses, including the three already suspended by the DOH.

Two clinical instructors from Southwestern University and University of Southern Philippines were also included in the graft case. 

Besides Arias and Montecillo, the other doctors that the Ombudsman charged for graft and grave misconduct are Department of Surgery consultant Dr. Marlowe B. Parreno; assistant surgeon Dr. Angelo Linawagan; Dr. Joseph Alfred B. de Leon who handled the surgery documentation; resident anesthesiologist Dr. Joanne Mae M. Merilles; and Department of Anesthesiology consultant Dr. Serapio T. Salazar.

Aside from Sapio, the other nurses in the Ombudsman case are operating room nurse supervisors Isabelita R. Remulta and Consuelo B. Tecling; nurse-on-call Ida B. Sumayang; and nursing attendant Rosemarie M. Villareal.

Ceniza said his client is expecting that the Ombudsman will issue the preventive suspension order against these respondents soon but Deputy Ombudsman Pelagio Apostol said the Ombudsman investigator will have to evaluate first to determine the basis to issue a suspension order.

Ceniza meanwhile said efforts to identify the person responsible for placing the perfume canister in his client’s rectum and the filing of the rape charges against this person will follow soon.

The victim’s side has already an idea on where to find the person, said Ceniza, adding that this matter will be undertaken immediately after his client is done with his psychological therapy. The victim has been undergoing the therapy with a psychologist from Manila.

Ceniza said the filing of charges against the person who inserted the canister into his client’s rectum will be done. “Under the expanded definition he could be charged for rape,” Ceniza said. —Fred P. Languido/RAE