The order of Gov. Joseph Marañon dismissing Dr. Vicente Ituriaga IV from the Teresita Lopez Jalandoni Provincial Hospital in Silay City remains in force until an executory order saying otherwise is received, Jose Ma. Valencia , chief of staff of Marañon, said yesterday.

Valencia also said he is confident that the dismissal order issued by the Capitol will be sustained by the Supreme Court.

Valencia said the Capitol has not receive a copy of CSC Resolution No.07-2240 promulgated Dec. 4 that has been released to the media.

In its Dec. 4 resolution, the CSC granted an appeal of Ituriaga and ruled that the investigating body tasked by Marañon to hear the case against the doctor had no jurisdiction to do so.

The CSC also said that, in allowing the present appeal, the Commission should not be construed as now giving the go-signal for the filing of motions to dismiss in administrative disciplinary proceedings.

Late last year, Marañon dismissed Ituriaga from the service for grave misconduct and for soliciting and accepting directly or indirectly anything of monetary value from any person in the course of his official duties.

“The dismissal of Ituriaga will remain until such time that we receive the decision, we will definitely avail of whatever remedies are still available,” Valencia said

Ituriaga yesterday said “Valencia can do all that he wants, I am not their enemy, it is now the Civil Service Commission since the Capitol dismissed me already.”

“If the CSC orders the Capitol to reinstate me, then they must do so,” he said.

“It is clear that my dismissal was illegal because the Office of the Governor has no jurisdiction to hear the case against me as ruled by the CSC,” he said.

“That makes my dismissal moot and academic,” he said.

The Dec. 4 CSC resolution said that under the Magna Carta for Public Health Workers administrative charges against a public health worker should be heard by a committee composed of the provincial health officer of the province as its chairperson, with one representative from an existing national or provincial health workers' organization, and a supervisor of the district.

The committee should then submit its findings and recommendations to the secretary of health within 30 days from the termination of the hearing.

The CSC noted that, in the case of Ituriaga, it was devolved to provincial officers from the Office of the Governor and the Provincial Legal Office.

When it comes to administrative discipline of public health workers, including those in the employ of the provincial government, the Local Government Code must yield to the Magna Carta that spells out most distinctly the actual membership of the investigating committee, the CSC added.

Vice Gov. Isidro Zayco said the opinion of the CSC will undergo review to determine what action the Capitol will take. “We will exhaust other legal remedies. But if we don't' have jurisdiction we will just follow what is within the law,” Zayco said.

Valencia said the Capitol welcomes the CSC resolution to provide clarification on the apparent conflict between the provisions of the Local Government Code and the Magna Carta for Health Workers.

“What we cannot understand is while the governor has the authority to appoint, why is it that he cannot sanction, discipline or terminate,” he said.*CPG

back to top