Supreme Court upholds dismissal of Davao doctor

MANILA, Philippines - The Supreme Court recently upheld a decision made by the Court of Appeals which affirmed the dismissal of a government doctor who failed to respond during a medical emergency at a bombing incident, that killed 22 persons and injured 113 others, in the Davao International Airport in 2003.

In a decision of all the justices, the SC dismissed the petition of Dr. Edilberto Estampa Jr. who filed for a reinstatement and sued the City of Davao for firing him as the city’s medical health officer and concurrent “disaster coordinator.”

Estampa was fired alleging “gross neglect of duty.”

In a decision penned by Associate Justice Roberto Abad, the SC said “The Court finds no excuse for reinstating Dr. Estampa to the position he abandoned when it needed him.”

The SC upheld an earlier ruling by the CA against the doctor. The High Court turned down Estampa’s excuse that he had to stay at home to watch his then one-year-old daughter.

“Dr. Estampa’s defense is not acceptable. A person’s duty to his family is not incompatible with his job-related commitment to come to the rescue of victims of disasters,” said the SC.

The High Court further said, “Disasters do not strike every day. Besides, knowing that his job as senior medical health officer entailed the commitment to make a measure of personal sacrifice, he had the choice to resign from it when he realized that he did not have the will and the heart to respond.”

The City Government of Davao appointed Estampa as Medical Officer VI at its City Health Office on Feb. 1, 2001. 

He was then the head of a Task Force Unit assigned to deal with any untoward event taking place in the city and Disaster Coordinator for the Davao City Health Office under the Davao City Disaster Coordinating Council.

On March 4, 2003, at 6 p.m., a bomb explosion occurred at the passengers’ terminal of the Davao International Airport, which killed and injured a number of victims. 

Estampa had just arrived home at that time and was taking care of his one-year-old daughter. 

Estampa learned of the bombing incident between 7 to 8 p.m. 

His wife arrived at 9 p.m. from her work at the Davao Medical Center where most of the bombing victims were brought for treatment. She asked Estampa to stay home and he did.

Neglect of duty

On March 6, 2003, Dr. Roberto Alcantara, officer-in-charge of the Davao City Health Office, required Estampa to explain in writing why he failed to respond to the bombing incident. 

Estampa submitted his explanation.

On March 19, 2004, the assistant city legal officer submitted an investigation report, finding a prima facie case against Estampa for “neglect of duty” and recommended the filing of a formal charge against him. 

During the pre-trial, Estampa waived his right to counsel. 

The parties agreed to dispense with a formal hearing and to just submit their position papers. 

On Nov. 12, 2004 the city legal officer found Estampa guilty of “grave neglect of duty” and recommended his dismissal. 

On Feb. 8, 2005 the city mayor approved the dismissal of Estampa who subsequently moved for reconsideration.

His plea was denied, prompting him to appeal to the Civil Service Commission.

On June 2, 2006, the CSC denied Estampa’s appeal, lowered the offense to gross neglect of duty, but still affirmed his dismissal. 

The CSC also denied Estampa’s motion for reconsideration citing “lack of merit.”