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.
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