Court OKs hospital stay for Napoles

MANILA, Philippines - The Makati Regional Court Branch 150 yesterday granted the request of alleged pork barrel fund scam mastermind Janet Lim Napoles to undergo surgery and hospital confinement to remove her uterine myoma.

However, Judge Elmo Alameda ordered that the surgery and post-operation confinement be done at the Ospital ng Makati (Osmak), a government tertiary hospital within the jurisdiction of the court.

“Ospital ng Makati, a government hospital, is a reasonable and logical place where the accused could undergo surgical operation and temporary confinement. Osmak is also a workable solution to the contrasting views proffered by accused-movant and the prosecution,” Alameda said.

He said Napoles’ confinement at Osmak would afford more protection to the state compared to that of a private hospital of her choice.

Napoles is detained at Fort Sto. Domingo, a police Special Action Force camp, in connection with the serious illegal detention case filed against her by pork barrel scam whistle-blower Benhur Luy.  Serious illegal detention is a non-bailable offense.

Alameda said the court found sufficient basis to grant Napoles’ motion after hearing the testimonies of Chief Inspector Michelle Daguno, a doctor assigned to the Philippine National Police health service, and Santiago del Rosario, head of the Makati Medical Center’s department of obstetrics and gynecology.

“Although surgery is not urgent at this time as testified by Dr. Daguno, advancing the schedule of her surgical operation as pleaded by the accused would be beneficial to her health since the cysts in her uterus, which she claims to be the source of her excruciating pain, would be removed,” Alameda said.

He added that Napoles should shoulder all her medical bills and other expenses.

Meanwhile, Branch 150 clerk of court Diosfa Villanueva said it is up to Napoles when her surgery would be scheduled.

Last March 21, Napoles asked Alameda to permit her surgery and confinement at St. Luke’s Medical Center (SLMC) in Global City, Taguig.

Alameda, however, reminded Fay Isaguirre Singson, Napoles’ lawyer, that as an accused, her client’s political and civil rights are restrained.

Napoles said she wants to be treated at SLMC-Global City because aside from having the necessary equipment, all her medical records and trusted doctors are there.

Napoles told the court that she is fearful of being treated by unfamiliar doctors because her mother was reportedly a victim of medical malpractice.