An official of the Corazon Locsin Montelibano Memorial Regional Hospital in Bacolod City who is up for transfer yesterday said he would include Health Secretary Francisco Duque III and other top DOH officials in charges for plunder and malversation by command responsibility.

Bryan Baylon, CLMMRH chief administrative officer, said he is filing the charges against Dr. Domingo Vega, CLMMRH chief, numerous others from CLMMRH, and will include Duque, Assistant Secretary David Lozada and Agnette Peralta, who headed the Pre-Investigation and Fact Finding Sub Committee of the DOH Integrity Development Committee that investigated CLMMRH. He said the top DOH officials should be held accountable, too, for failing to act on long complained about anomalies at the CLMMRH.

The probe team led by Peralta has recommended the filing of charges against Baylon, Vega and Dr. Benito Bionat, CLMMRH chief of clinics, for alleged violation of the procurement law, and their transfer out of the regional hospital in the meantime.

The DOH Legal Service is tasked with conducting a preliminary investigation into the recommendations of the probe that includes the sending of notices to the three to show cause why administrative charges should not be filed against them, Duque said.

If probable cause is found after due process is followed, then charges will be filed, Ronald Divera, DOH legal concerns chief, said.

DUQUE WARNS BAYLON

Duque, in response to Baylon's plan to include him and other top DOH officials in his charges, told the DAILY STAR yesterday he has no basis for doing so and should think twice before including him.

"Let me warn him that charges for malicious prosecution will also be filed against him," Duque said.

Duque said Baylon was reacting to DOH action taken against him.

Vega, Baylon and Bionat will be transferred to the DOH Region 7 office in Cebu, Duque said, adding that the order may be issued by the end of the week. They will continue to receive all appropriate benefits and salaries, he also said.

Meanwhile, a new management team is ready to take over the running of the CLMMRH, he said.

NEW TEAM NAMED

Dr. Jaime Bernadas, DOH Region 10 assistant regional director, will take the place of Vega as chief of hospital, Dr. Epifania Simbul of the National Children's Hospital in Quezon City will take over from Bionat as chief of clinics, and Carlito Pilirin of the Davao Regional Hospital in Tagum will be the acting administrator, Duque said.

Dr. Aileen Javier of the National Kidney Transplant Institute will be the adviser to the new management group, he added.

The entire management team will all be under the direct supervision of Undersecretary Margarita Galon and Lozada, Duque said. Among the reasons for the charges against the three up for transfer is the questionable manner in which oxygen was purchased and delivered to the CLMMRH, Peralta said.

The DOH Legal Service has also been asked to determine the extent and liability of the Bids and Awards Committee of the hospital in 2002 when it was headed by Bionat, Peralta said.

BIONAT'S STAND

Bionat yesterday said he had already explained his actions on the matter to then DOH Secretary Manuel Dayrit.

He was citing then audit findings regarding the failure of the BAC under him to strictly adhere to the provisions of Republic Act 9184 or the Government Procurement Reform Act.

In a letter to Dayrit on May 20, 2004, Bionat said the Commission on Audit sent the BAC a copy of RA 9184 only on Nov. 24, 2003 at which time they were following the provisions of Executive Order 40.

"How could we have possibly put to use RA 9184 early in 2003, the existence of which at the time we weren't even aware of?" Bionat asked Dayrit then.

He said nowhere is it mentioned in EO 40 or RA 9184 that the amount, volume, quantity of supplies, medicine, oxygen and reagent purchased is the BAC's responsibility. BAC's function ceases upon submission of results of the public bidding for oxygen, supplies, medicine and laboratory reagents, he said.

Bionat in his letter to Dayrit, said since he and Vega began working at CLMMRH in 1999, Vega has not been present in work and financial planning meetings.

"Mismanagement is his problem. We all try to perform our functions, respectively. We get no support from him. He has not done anything to resolve our hospital problems," Bionat complained in the same letter. Vega has refused to answer allegations against him through the media, saying he will do so in the proper venue.*CPG

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