The Office of the Solicitor General moved for the dismissal of the case filed by chief of clinics Dr. Benito Bionat of the Corazon Locsin Montelibano Memorial Regional Hospital against Health officials including Francisco Duque.

In a motion submitted to Judge Demosthenes Magallanes of Negros Occidental Trial Court, the OSG cited that the charges against the DOH officials should be dismissed since legal remedies were not exhausted before the complaint was elevated to the court.

Bionat filed charges for administrative violations against Duque, Undesecretary Margarita Galon, USEC David Lozada Jr., Dr. Agnette Peralta, Dr. Jaime Bernadas, and incumbent CLMMRH officer-in-charge Dr. Epifania Simbul for the department order reassigning him to Cebu .

His counsel, Maphilindo Polvora said they were ready to defend their case in the scheduled hearing yesterday but the non-appearance of the respondents and their counsel prompted them to ask the court to allow them to submit their comments in writing instead.

Polvora said the motion to dismiss is a delaying tactic and prolongs the agony of Bionat who filed for an indefinite leave after the DOH central office failed to act on his query on his status at the CLMMRH.

He added that, like administrative officer Bryan Baylon, who also questioned his transfer to Cebu , citing violations of the Magna Carta for Health Workers and provisions in the Omnibus Election Code, Bionat received a reassignment order without due process.

Both Baylon and Bionat were ordered transferred to Cebu in October within the period of the Barangay and Sangguniang Kabataan elections.*NAB

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