Judge says no as Napoles begs for St. Luke's confinement

MANILA, Philippines - Businesswoman Janet Lim Napoles, who is now detained in connection with her involvement to the pork barrel scam, on Friday morning literally pleaded before Makati Regional Trial Court Branch 150 Judge Elmo Alameda to permit her surgery and confinement at the St. Luke's Medical Center-Global City.

Napoles made a surprise appearance at the continuation of the hearing of her earlier filed petition for surgery and confinement at the St. Luke's Medical Center-Global.

"Hirap na hirap na ako. Hindi na ako tinatablan ng gamot. Kung wala lang akong sakit, hindi ako magmamakaawa nang ganito," a teary-eyed Napoles told Judge Alameda.

Alameda, meanwhile, reminded Napoles' lawyer, Fay Isaguirre Singson, that her client simply cannot insist on her wish of being treated at the St. Luke's Medical Center-Global as both her civil and political rights are restricted being an accused in a criminal case.

"Your client does not enjoy her full political and civil rights. The court is trying to balance everything," Judge Alameda said.

Napoles told the court that she wants to be treated at the St. Luke's Medical Center-Global City as all her medical records and her trusted doctors are there.

Napoles told the court that she fears being treated by doctors she does not trust as her mother died as a consequence of malpractice. She added that St. Luke's Medical Center-Global City has both the equipment and doctors to treat her condition.

"May facilities yun at andun ang mga doctors namin," she said.

Again, Judge Alameda reminded Napoles that being an accused, her political and civil rights are restrained.

"Hindi kami sadista dito. We are all civilized people here. Tinitignan pa po natin. The court will consider her security and how long will she be staying there (hospital)," said Judge Alameda.

Alameda said the court is concerned about where Napoles will be confined after the surgery and how long will she be staying there. He cited the case of an accused who has been confined at the Philippine Heart Center for the past four years now.

"The moment we grant her (Napoles) request to undergo it (surgery), it would now be at the hands of the attending doctor at what time she would be discharged from the hospital," he said.

Still not in St. Luke's

During the hearing, Judge Alameda pushed for other hospitals aside from the St. Luke's Medical Center-Global where Napoles could be treated for her uterine myoma.

Alameda suggested that Napoles could instead be taken to the Southern Luzon Hospital and Medical Center in Sta. Rosa, Laguna, which is about 10 minutes by car from her detention facility at Fort Sto. Domingo also in Sta. Rosa, Laguna.

Other hospitals being considered by the court are the Ospital ng Makati, East Avenue Medical Center, Veterans Memorial Medical Center and the Philippine General Hospital.

During the hearing, Judge Alameda also scolded State Prosecutor Christopher Garvida for opposing Napoles' petition without presenting an expert witness to debunk the testimonies earlier given in court by doctors presented as witnesses by the defense panel. The two defense witnesses earlier presented supported Napoles' petition.

"The court is interested to know why you (prosecution) need to present another witness when two expert witnesses have been presented and expounded thoroughly on the condition of the patient-accused and the procedure to be done," Alameda said.

"To destroy the testimony of an expert witness presented by the defense, you need to present your own expert witness. Are you not satisfied with the testimonies of the two (defense) witnesses? The court has gone over the testimonies of the two doctors. I can consider this matter for resolution already," Alameda added.

Alameda also said that the witnesses earlier presented by the prosecution panel even complemented the testimonies of the two defense witnesses.

"I will not rely on the patient's plea. But I will rely on the expert opinion of doctors presented here," he added.

Trip to Osmak

After the hearing, Napoles who was wearing a blue hoodie was escorted by policemen to the Ospital ng Makati (Osmak) for a quick checkup before being returned to Fort Sto. Domingo.

Court clerk of court Diosfa Valencia said a police medical officer asked the court for Napoles be brought to the Osmak after she suddenly complained of sharp abdominal pain during the hearing.

"Call ng (PNP) doctor yun. May mga factors kasi na considered like security and the proximity of the hospital from the court. Pumayag naman yung pasyente. Ang gusto lang naman ng pssyente sy complete ang equipment doon and the facilities are complete Since Makati naman daw, ay OK na at di na nila ipipilit ang St. Luke's Global," said Valencia.

"After the check-up ay ibabalik din siya sa Fort Sto. Domingo dahil yun ang order ng court. Maghihintay din ang court sa recommendation ng doctors sa Ospital ng Makati after the checkup," Valencia added.

Meanwhile, Valencia said Napoles' petition for surgery and hospital confinement has been submitted for resolution. She said the court is initially considering Osmak as the surgery's venue.

"Submitted na siya for resolution. Initially ang considered ay Ospital ng Makati. Pero wala pang order ang court. Ruled out na ang private hospital at di na rin nag-oppose yung prosecution doon kung sa Ospital ng Makati ang surgery. Even the patient considered it," she said.

Valencia said an internal arrangement could be made with the administration of Osmak to allow Napoles' personal doctors to perform the surgery on her.

"Possible na dalhin na lang ang personal doctors niya. It would be an internal arrangement with the director of the Ospital ng Makati if allowed.
St. Luke"s was not granted because it is a private hospital. Ospital ng Makati was initially considered but wala pang formal order ang court. Marami kasing na consider na hospital. Bago naman ang Osmak. Payag naman ang prosecution and even the patient kasi malapit sa mga attending physicians niya," she said.

Last March 4, Napoles, through her lawyers asked the court to be allowed to have surgery and confinement at the St. Luke's Medical Center at the Bonifacio Global City.

In an 11-page "Motion to Undergo Medical Surgery and Hospital Confinement" filed through her lawyers, Singson and Evita Magnolia Ansaldo, Napoles asked that she be allowed to undergo surgery at the St. Luke's Medical Center-Global to have her uterine myoma removed and then be hospitalized for post-operative care.