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Bacolod City, Philippines Monday, February 27, 2012
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CA upholds  junking by CSC of
hospital official’s dismissal

BY GUILLERMO TEJIDA III

“Vindicated for the third time.”

This was the reaction of Rey Melchor Bryan Baylon, former chief administrative officer of the Corazon Locsin Montelibano Memorial Regional Hospital in Bacolod City, after the Special Third Division of the Court of Appeals upheld the resolution of the Civil Service Commission setting aside his dismissal from the service by then Health Secretary Francisco Duque.

“This is vindication not only for me but also for all public health workers, both local and national,” Baylon, who stressed that his right to due process had been trampled upon, said yesterday.

Records show l that Baylon was dismissed from the service based on a complaint for alleged falsification of his daily time record filed by Dr. Domingo Vega, former chief of hospital, before the office of Duque.

He said the DoH from the start had rushed the proceeding to ensure his dismissal, violating his rights to due process of law in the process.

In his resolution dated September 1, 2008, Duque dismissed Baylon from the service and forfeited all his benefits, including perpetual disqualification from office, for alleged gross dishonesty.

Since his dismissal, however, Baylon had maintained he was falsely accused and is a victim of harassment for exposing over the media alleged anomalies in the purchase of oxygen and medicine supplies, as well as other projects, at the hospital.

He appealed his dismissal to the CSC which, on May 11, 2009, ordered his reinstatement, and declared his dismissal as null and void. The DoH, however, filed a Motion for Reconsideration which was also junked by the CSC in its December 11, 2009 decision, affirming its earlier ruling reinstating Baylon.

Represented by the Office of the Solicitor General, the DoH filed a Petition for Review to the CA Division.

CA RULING

In its decision dated January 18, 2012, a copy of which was furnished to Baylon’s lawyer, Jerry Basiao on Feb. 21, 2012, and signed by Associate Justices Ramon Bato Jr., Normandie Pizarro and Florito Macalino, the CA division ruled that the special committee tasked by Duque to investigate the administrative charges against Baylon, had no jurisdiction over the case.

It cited provisions of the Revised Implementing Rules and Regulations of the Republic Act 7305, or the Magna Carta for Health Workers, and stressed that, section 11 of RA 7305, and section 5, Rule XI of the Revised Implementing Rules and Regulation, provide that the investigating committee constituted by Duque had no jurisdiction to investigate the case against the respondent.

There was a serious flaw in the composition of the committee created by Duque since it did not include three members required by said sections of the law and the RRIR, the decision added.

A cardinal rule in statutory construction is that when the law is clear and free from any doubt or ambiguity, there is no room for construction or interpretation, the CA further pointed out.

The appellate court also stressed that the provisions were intended by law for the protection of the rights of public health workers facing administrative charges, and are indispensable to ensure an impartial tribunal.

Baylon said he is optimistic that normally, based on legal jurisprudence, the head of agency will follow the CA ruling and no longer appeal the decision.*GCT

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