THE DEPARTMENT of Health (DOH) said it was impossible for it to hand over to the Ombudsman the investigation of the administrative case against the staff of Vicente Sotto Memorial Medical Center (VSMMC) for allegedly taking and distributing videos of an operation to remove a body spray canister from the male patient’s rectum.

Adonis Meñez, DOH legal counsel, said the administrative case that the agency is looking into was filed by the hospital’s medical director, Dr. Gerardo Aquino, making it DOH’s jurisdiction.

“We’ve already filed the formal charges. They should just watch how the DOH’s investigation goes,” Meñez said.

Earlier, the person claiming to be the patient in the operation said he wanted the Ombudsman to handle the investigation, believing the DOH’s investigation to be lacking.

Meñez, however, said that Danilo (real name withheld), was not the complainant in the administrative case but the VSMMC, represented by Aquino.

If Danilo wanted the Ombudsman to handle an investigation, he may file another case with the anti-graft office, Meñez said.

The lawyer said VSMMC’s case against its staff is for violation of hospital protocol for taking and distributing the videos without permission and for misconduct in the operating room, as shown by the staff’s jeers and remarks in the videos.

The videos, which have circulated over the Internet and through cellular phones, are collectively known as the “Black Suede Scandal.”

Guiller Ceniza, legal counsel of Danilo, said yesterday that they would pursue their plan to file a petition with the Ombudsman to have the anti-graft agency take over the investigation.

Ceniza said the motion would be filed on Monday.

He said the DOH’s investigation was unreliable because it only filed charges against six of its staff when the Visayas Ombudsman identified 12 of the medical staff who were present in the operating room during the operation.

Also, the Ombudsman was the first to acknowledge the possible violations committed by the medical staff, he said.

Dr. Susana Madarietta, director, DOH in Central Visayas director, said the agency would continue its investigation until such time as the Ombudsman would say it would take over the investigation.

Ceniza also said that on Monday, they would file a motion with the Ombudsman asking the media to stop identifying Danilo by his real name.

Ceniza said that Danilo is a victim of rape, as is stated in his affidavit, whose identity should be protected to prevent public humiliation.

A number of national and local dailies have identified Danilo by his real name after he filed a criminal case against the hospital staff with the Office of the Ombudsman in the Visayas.

Some radio stations have also identified the patient by his real name.

continues to withhold Danilo's identity.

Ceniza said continuing to identify Danilo by his real name would cause him to become more withdrawn.
Danilo is already undergoing therapy, Ceniza said.

Basak Pardo barangay captain Dave Tumulak, a friend of Danilo, said Danilo’s family urged the media to respect their privacy.

Tumulak, also a media practitioner, reminded his colleagues that in a rape case, ethics dictate that the victim's name should be kept from the public.

“He is considered a victim of rape,” Tumulak said.

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