CA denies doctor’s bid to be reinstated to gov’t service

By Leilanie G. Adriano

Staff reporter

LAOAG CITY — A government doctor dismissed from government service failed to persuade the Court of Appeals that he should be reinstated after he was found guilty of leaving his post ahead of his end of duty without any replacement.

In a two-page resolution signed by CA Associate Justice Francisco P. Acosta promulgated on May 18, 2016 and later received by the Provincial Government of Ilocos Norte on June 3, the petition of Dr. Baldomero C. Tapia Jr. versus the Ilocos Norte government has been denied as it affirmed the October 9, 2012 decision of the Civil Service Commission.

The appeal was meant to lessen his offense for neglecting a patient at the Gov. Roque B. Ablan Memorial Hospital (GRBASMH).

Like an earlier resolution of the CSC, the CA favored the decision of the provincial government through a recommendation of the hospital management council dismissing Mr. Tapia from government service.

Though the petitioner reiterated that his act of leaving prior to the end of his duty is only an “undertime”, the CA underscored that such act was not a simple case of “undertime” because he left his post ahead of his end of duty without replacement.

“His argument that he directed the nurse-on-duty to contact another doctor, Dr. Roger Braceros, should there be emergency and his contention that he informed said doctor via text message that he would be leaving early cannot be given weight by this court,” said in the resolution as the other doctor whom Mr. Tapia requested was on vacation leave at that time and he did not actually replace the petitioner.

As a result, Mr. Tapia, an orthopedic specialist, can no longer hold any public office along with the cancellation of his civil service eligibility, forfeiture of retirement benefits and barred from taking civil service exams.

The complaint arose from a 2009 incident at the provincial hospital wherein a comatose patient was admitted at the emergency room.

Relatives alleged that doctors on duty were not at their respective posts during the crucial period when their patient badly needed medical attention.