RTC OKs Napoles surgery at ‘Ospital ng Makati’

By: Jaymee T. Gamil - 11 years ago

An attending medical personnel at Philippine National Police General Hospital checks the blood pressure of Janet Lim-Napoles. Contributed Photo by Philippine National Police Public Information Office

Alleged pork barrel scam mastermind Janet Lim Napoles has been allowed medical surgery and hospital confinement—but not in the facility of her choice.

In a five-page order issued on Friday, Makati Regional Trial Court (RTC) Branch 150 Judge Elmo Alameda allowed Napoles to get hospital treatment for a uterine cyst, but ruled that it be in a state hospital, rather than at the private St. Luke’s Medical Center in Bonifacio Global City, Taguig as she had requested in a March 3 motion.

“After diligently ascertaining the facts, the averments in the motions and the testimonies given … the court finds sufficient basis to grant the motion. However, the request of the accused that she should undergo surgery at St. Luke’s Medical Center should be modified. Instead, the court directs that the accused will undergo surgical operation at the Ospital ng Makati (OsMak), a government hospital situated within the territorial jurisdiction of this court,” Alameda said in his order.

Napoles is currently detained at Fort Sto. Domingo in Sta. Rosa, Laguna, for a serious illegal detention charge filed in Alameda’s sala by Napoles’ cousin and former employee, Benhur Luy.

Alameda found OsMak “a workable solution to the contrasting views” of Napoles’ camp and that of the prosecution. Clerk of court Diosfa Valencia explained to reporters: “The court is balancing [Napoles’ request] and the opposition of the prosecution to St. Luke’s. OsMak is also a tertiary hospital. It has complete facilities, the doctors are more than qualified. The court is finding neutral ground. Since OsMak is a government hospital funded by Makati City, it will be independent.”

Alameda, in his order, granted the hospital surgery for “humanitarian reasons,” and based on earlier recommendations made in court by Philippine National Police doctor Michelle Daguno and Santiago A. del Rosario, head of the department of obstetrics and gynecology at the Makati Medical Center.

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

In choosing a state-run instead of a private hospital, “The provisional liberty of the accused having been curtailed by the denial of her petition for bail, it now behooves this court to perform its duty by protecting the interest of the people over the … personal convenience of the accused,” the judge added.

Valencia said there was no definite date on when Napoles will be transferred, and it will be up to the OsMak administration. Napoles’ eventual discharge from the hospital after her surgery will also be determined by her attending physician in OsMak, Valencia said.

Sought for comment over phone, Napoles’ lawyer Fay Singson said she had yet to talk to her client “but I can surmise she will be thankful that her request for treatment has been granted.” “Although she preferred St. Luke’s, we submit to the wisdom of the court,” Singson added.

As of Friday afternoon, Singson said they were already coordinating with OsMak and the PNP for Napoles’ transfer “as soon as possible.” Singson said it might even be done over the weekend.

Asked whether Napoles will be bringing her own doctor, Singson said it would be “subject to the guidelines of OsMak … But I was under the impression that as judge [Alameda] said during one of the hearings, [Napoles] could bring a physician of her choice as long as she’s in a government hospital,” Singson said.

In his order, Alameda reiterated that Napoles will be shouldering her own hospital bills.

Justice Secretary Leila de Lima said the government was ready to comply with Alameda’s order.

“Ospital ng Makati anyway is a public hospital,” De Lima said in a text message to reporters.

“Provided such hospital confinement is only for a very limited duration, i.e., only for the duration of the surgery and needed recovery and provided further that a government doctor monitors the same. I guess that is acceptable,” she added.

Raji Mendoza, the lawyer of pork barrel scam whistle-blower Benhur Luy, said they also respected the judge’s decision and believed the issue was thoroughly examined. “Everybody has the right to enjoy basic human rights,” he added. With reports from Jerome Aning and Nancy Carvajal