Ousted PGH head JoeGon seeks TRO: Two Articles

Posted on March 14, 2010

0


Please find below two online articles on ousted PGH Director Dr. Jose Gonzales seeking TRO:

Ousted PGH director seeks TRO
(The Philippine Star) Updated March 12, 2010 12:00 AM

Originally posted here: http://www.philstar.com/Article.aspx?articleId=557080&publicationSubCategoryId=65

MANILA, Philippines – Saying his removal from office violated his right to due process, the ousted director of the Philippine General Hospital has asked the Quezon City regional trial court for a temporary restraining order and to nullify the appointment of the new PGH head.

Dr. Jose Gonzales filed the petition for quo warranto and asked for an injunction pending the litigation of the case, to stop Dr. Rolando Enrique Domingo from performing his functions as the new PGH director. Gonzales was elected by the University of the Philippines Board of Regents as PGH director on Dec. 18, 2009 by a vote of 6–5 against Dr. Carmelo Alfiler, a former director. But Gonzales’ appointment was questioned due to a vote of a student regent who was supposedly not qualified to vote because of failure to enroll this semester.

The UP BOR then voted again for the post without the vote from the said student regent on Feb. 25, during which Domingo got six votes while Gonzales and Alfiler both got zero. “This action prays for the court to declare petitioner Gonzales as rightfully the director of the University of the Philippines-Philippine General Hospital,” the petition stated.

Apart from Domingo, also named respondents are BOR chairman Emmanuel Angeles, co-chair Emerlinda Roman and regents Abraham Sarmiento, Nelia Gonzales, Francis Chua and Cynthia Villar. According to Gonzales’ counsel, lawyer Antonio Pastelero he said Gonzales was duly appointed. He was elected by the BOR and was sworn in. “You cannot just remove him.”

In an interview, Pastelero claimed Domingo only came in because of “interference of higher ups.” Pastelero said Gonzales’ ouster was without cause and violated his right to due process. He said Gonzales was not informed of the proceedings that led to the nullification of the election last December. He added that once an appointment has been made, the appointee may not be ousted except for legal cause.   – Reinir Padua

* * * *

TRO sought to stop doctor from holding top PGH post

By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 05:55:00 03/12/2010

Originally posted here: http://newsinfo.inquirer.net/inquirerheadlines/metro/view/20100312-258121/TRO-sought-to-stop-doctor-from-holding-top-PGH-post


MANILA, Philippines—The controversy over who should occupy the top post at the Philippine General Hospital has taken a new direction.

In a petition filed Thursday, Dr. Jose Gonzales, the previous director of the state-run government hospital, appealed to the Quezon City Regional Trial Court to issue a temporary restraining order to prevent Dr. Rolando Enrique Domingo from assuming the post as the new PGH director.

Gonzales also asked the court to direct the University of the Philippines Board of Regents not to recognize Domingo’s appointment.

Gonzales was named PGH director on Dec. 18, 2009, by the Board of Regents. On Feb. 25, 2010, however, the body decided to hold a new election after Gonzales’s appointment was questioned because a student regent, who was allegedly not qualified to vote, joined the exercise. The student regent, however, questioned the move to disqualify her.

Domingo was later elected the new PGH director by a unanimous vote in the Feb. 25 election.

“This action prays for the court to declare petitioner (Gonzales) as the rightful director of the University of the Philippines–Philippine General Hospital,” part of the petition read.

The petition also sought to “permanently enjoin respondent Domingo from occupying and dispensing the duties of the position, and likewise the University of the Philippines from recognizing Domingo as Director of the PGH for the term 2010-2012.”

Apart from Domingo, the other respondents were Board of Regents chairperson Emmanuel Angeles, UP president Emerlinda Roman and regents Abraham Sarmiento, Nelia Gonzales, Francis Chua and Cynthia Villar.

UP vice president for legal affairs Theodore Te said the university will soon issue an official statement on the petition.

Through his counsel Antonio Pastelero, Gonzales said he was notified of his election as director and has been performing his functions as such.

“It is well-settled in our jurisdiction that once an appointment has been made, it may not be revoked and the appointee may not be ousted except for legal cause,” the petition read.

It added that the Board of Regents’ decision to declare Gonzales’s election as null and void was also a violation of Gonzales’s right to due process as Gonzales was not told of the nullification of the results of the Dec. 18, 2009 election.

Gonzales said he was only notified on Feb. 26 by the Board of Regents secretary.

The petition pointed out that a temporary restraining order and a writ of injunction is needed “because Domingo is currently occupying the disputed position and thus would tend to render any ruling in the case ineffectual.”