Taped baby controversy, Binay wants Senate probe

CEBU, Philippines - Senator Nancy Binay has proposed a resolution directing the proper Senate committees to conduct an inquiry into the reported sealing of a newborn’s lips with an adhesive tape at the Cebu Puericulture Center and Maternity House, Inc.

This develops less than three weeks after the infant’s father posted on Facebook last May 9 a photo of their baby with its mouth taped shut, allegedly by an attending nursery staff to hold in place a pacifier.

In her resolution, Binay said the incident was “very alarming considering that Filipino culture and values foster affection, care and protection of children.”

She cited Section 3, Article XV of the 1987 Philippine Constitution, which states that the “State shall defend the right of children to special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.”

Section 11, Article II of the same constitution also declares that the government values the dignity of every human person and guarantees full respect for human rights.

Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act), on the other hand,  “affirms the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination.”

Binay’s resolution already underwent first reading last Monday, May 19. The Senate committee on health and demography, headed by Sen. Teofisto L. Guingona III, is the primary committee that would conduct the hearing together with the committee on youth headed by Sen. Paolo Benigno “Bam” Aquino IV.

Meanwhile, it was agreed yesterday the photo of the baby posted on Facebook should first be certified as “authentic” by the National Telecommunications Commission.  This was after CPCMHI questioned the authenticity of the photo.

The said decision was reached following a Department of Social Welfare and Development Regional Sub-committee for the Welfare of Children inter-agency meeting with parents Ryan Noval and Jasmine Badocdoc yesterday.

 â€œIlang (CPCMHI) gi-allege nga ang picture gi-fabricate sa parents. Ato ipa-certify sa NTC,” said Atty. Dante Jadman, sub-committee spokesperson.

He said that the official investigation into the incident may proceed on Friday if NTC has already certified the authenticity of the photo by then.

“The complainants will submit a hard copy and soft copy of the alleged picture so we could make a point by point comparison whether or not it has been photoshopped. If it is genuine and authentic, we will issue a certification to that effect,” said Atty. Alan Felix Macaraya of the NTC Legal Office, in response to the development.

Macaraya said the issue that must be addressed now id CPCMHI’s claim that “that it is the parents themselves that put the tape on the mouth of the child.”

Jadman, who is also from the CHR, said the hospital has shifted the blame on the parents to cast doubt on their claim, in their institutional report.  He said it is illogical to allege that parents themselves taped the lips of their own baby.

 Yesterday, before the sub-committee’s meeting started, CPCMHI’s two-page report on the incident signed by medical director Raida Varona was handed to the Department of  Health (DOH)-7.

According to the report, Badocdoc breastfed the baby at 7:50 p.m.  A few minutes before doing so, she called the attention of the nurse about the tape.

“Upon investigation, the nurse claimed she was surprised to see the plaster on the baby’s lip. However, other than calling the attention of that` nurse, no complain(t) whatsoever, was brought to the attention (of) the institution for recording purposes,” read the report.

Asked for her reaction, Badocdoc said the report’s narrative was totally different as to what really happened.

She said that the first time she asked an attending nurse about the tape on May 9, she was told that their baby was very noisy so its lips were sealed with a tape.

She was told the next day that the tape was allegedly to put in place a pacifier so the baby would stop crying.

The hospital’s report, though, said there was no pacifier.

“The charge nurse at that time of endorsement (to the incoming shift at 3 p.m.) did not see any plaster nor pacifier.  We would like to stress at this point that pacifiers are prohibited for breastfeeding infants also. We are conscious (of) our responsibility because we are accredited as mother-baby-friendly hospital,” read the report.

“It is our firm conviction and we do trust that our nurses did not put the plaster or could they ever think of putting plaster on both the upper and lower lip(s) of the baby.  We are at a loss (over) the presence of the pacifier since baby Badocdoc is a breastfed infant.  The institution has instructed well its employees and health workers involved about the hospital rules and regulations and we are not remiss in reminding them,” it added.

Jadman, though, said they were not convinced by the report, whose wording was tantamount to alleging that the parents themselves taped the baby’s lips.

“The institutional report for us, is not a valid report. Kay (Because) it’s just mere denial lang gihapon,” he said.

DOH-7 Assistant Regional Director Lakshmi Legaspi, on the other hand, said the report did not present a chronological order of events.

The report also insinuated that Noval does not observe rules, mentioning that he was seen going inside the Mother Child Room of the Special Intensive Care Unit, which was a sterile area of the hospital, wearing street clothes and bringing with him a backpack.

Noval, though, denied this, saying men were also in the unit at that time.

“It would be very illogical of us to actually put tape on our baby, to fabricate such a story,” he said after learning of the hospital’s report.

The sub-committee has summoned CPCMHI officials, along with their legal counsel, to appear in today’s inter-agency meeting with Noval and Badocdoc.

“I would hope… all of them will be coming equipped with their excuses, so that we can actually laugh at them (on how clear that they are just making excuses),” Noval said.

He said that their formal complaint “is now being formulated” and would be filed when the names of the suspects are revealed.

Jadman said that with the parent’s initiation, different agencies can file a criminal complaint as long as there is probable cause to do so.

“We narrowed the investigation on one issue: Whether or not the plastering of the mouth is a violation. After ana, separate agency na, criminal case, administrative case, human rights violation. So, i-determine what violation (was committed) on the (use of the) plaster; human, kaso (after that, filing of a complaint follows),” he said.

Meanwhile, Cebu Archbishop Jose Palma urged the people involved and those affected by the controversy to cooperate to unleash the truth and to learn the lessons of the unpleasant incident.

He said it is already sad that there are children who are victims of cruelty, but it is “more sad if the people who are doing these are supposed to be the people who should show care for them.” he said, adding that every chance to serve must be considered as an opportunity to deliver good service, whether it is acknowledged or not.

 â€œIn their own conscience, there are those who are responsible who should accept that and make amends for what they have done,” added the prelate.—with Sherwin Oro Gabrinez/RHM (FREEMAN)