Appeals court upholds ruling against director of PGH

THE COURT of Appeals has upheld a trial court ruling that prevented the director of the Philippine General Hospital (PGH) from assuming his post after his appointment was questioned in court.

In a decision promulgated March 18, the appellate court’s Special Sixteenth Division affirmed the resolution of the Quezon City Regional Trial Court that granted a writ of preliminary injunction on Dr. Rolando Enrique D. Domingo from assuming his post as director of PGH.

In his stead, the trial court ordered Dr. Jose C. Gonzales to continue serving as the director of the hospital in Manila.

The issue started after the University of the Philippines (UP) Board of Regents elected Mr. Gonzales as PGH director effective Jan. 1, 2010 until Dec. 31, 2012, in its meeting on Dec. 18, 2009. Mr. Gonzales took his oath of office on Dec. 21, 2009.

However, one of the regents, Abraham F. Sarmiento, contested the appointment of Mr. Gonzales, saying that there were irregularities in the election after the student regent of UP in Los Baños, Laguna was allowed to vote despite his being not qualified to do so.

Mr. Sarmiento had also claimed that the then chairman of the board had a high stake in the case.

The Board of Regents afterwards decided to declare as null and void the appointment of Mr. Gonzales and held another round of voting, during which Mr. Domingo was named the new PGH director.

Mr. Gonzales was informed of his dismissal on Feb. 26, 2010, during which Mr. Domingo assumed the position.

Mr. Gonzales haled the issue to the trial court, which eventually issued an injunction.

In its decision, the appellate court upheld the trial court ruling on three points: the applicant is entitled to the injunction, Mr. Domingo’s stay in office will probably bring injustice to Mr. Gonzales, and that Mr. Domingo could be performing acts in violation of the rights of Mr. Gonzales. -- NRM

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