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I hereby certify to the correctness of the above quoted resolution. CYNTHI . GOMEZ GOMEZ Secretary to t e f Sang. Panlungsod _Republic of the Philippines CITY OF SANTA ROSA Province of Laguna OFFICE OF THE SANGGUNIANG PANLUNGSOD EXCERPT FROM THE MINUTES OF THE 23RD REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF CITY OF SANTA ROSA, LAGUNA HELD ON MONDAY, JUNE 27, 2016 AT THE SANGGUNIANG PANLUNGSOD SESSION HALL. Presents: 1. Hon. ARNEL DC. GOMEZ 2. Hon. MA. THERESA C. AALA 3. Hon. LUISITO B. ALGABRE 4. Hon. MYTHOR C. CENDANA 5. Hon. ERIC T. PUZON 6. Hon. ANTONIA T. LASERNA 7. Hon. PAULINO Y. CAMACLANG, JR. 8. Hon. PETRONIO C. FACTORIZA 9. Hon. RAYMOND RYAN F. CARVAJAL 10. Hon. LAUDEMER A. CARTA 11. Hon. EDWARD FERNANDITO S. TIONGCO 12. Hon. RODRIGO B. MALAPITAN - Vice-Mayor, Presiding Officer - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member, ABC President ******************** RESOLUTION NO. 154-2016 (Motioned by the Joint Committee on Blue Ribbon, Health and Social Welfare) A RESOLUTION approving the Committee Report of the Joint Committee on Blue Ribbon, Health and Social Welfare in connection with the Operation of the Santa Rosa Community Hospital, a copy of the Committee Report is hereto attached and marked as ANNEX")". UNANIMOUSLY APPROVED. CERTIFICATION: Certified Correct: ARNEL DkOMEZ City Vice-Mayor -3 °4C Shi Parakikay Administrative Officer V City Legal Office 5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No.°(049) 530-0015 Local 5100-5104 "Serbisyong Makatao, Lungsod na Makabago"

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  • I hereby certify to the correctness of the above quoted resolution.

    CYNTHI . GOMEZGOMEZSecretary to t ef Sang. Panlungsod

    _Republic of the PhilippinesCITY OF SANTA ROSA

    Province of Laguna

    OFFICE OF THE SANGGUNIANG PANLUNGSOD

    EXCERPT FROM THE MINUTES OF THE 23RD REGULAR SESSION OF SANGGUNIANG PANLUNGSODOF CITY OF SANTA ROSA, LAGUNA HELD ON MONDAY, JUNE 27, 2016 AT THE SANGGUNIANGPANLUNGSOD SESSION HALL.

    Presents:

    1. Hon. ARNEL DC. GOMEZ2. Hon. MA. THERESA C. AALA3. Hon. LUISITO B. ALGABRE4. Hon. MYTHOR C. CENDANA5. Hon. ERIC T. PUZON6. Hon. ANTONIA T. LASERNA7. Hon. PAULINO Y. CAMACLANG, JR.8. Hon. PETRONIO C. FACTORIZA9. Hon. RAYMOND RYAN F. CARVAJAL10.Hon. LAUDEMER A. CARTA11.Hon. EDWARD FERNANDITO S. TIONGCO12.Hon. RODRIGO B. MALAPITAN

    - Vice-Mayor, Presiding Officer- SP Member- SP Member- SP Member- SP Member- SP Member- SP Member- SP Member- SP Member- SP Member- SP Member- SP Member, ABC President

    ********************

    RESOLUTION NO. 154-2016(Motioned by the Joint Committee on Blue Ribbon,

    Health and Social Welfare)

    A RESOLUTIONapproving the Committee Report of the Joint Committee on Blue Ribbon, Health and SocialWelfare in connection with the Operation of the Santa Rosa Community Hospital, a copy of theCommittee Report is hereto attached and marked as ANNEX")".

    UNANIMOUSLY APPROVED.

    CERTIFICATION:

    Certified Correct:

    ARNEL DkOMEZCity Vice-Mayor

    -3 °4CShi Parakikay

    Administrative Officer VCity Legal Office

    5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No.°(049) 530-0015 Local 5100-5104

    "Serbisyong Makatao, Lungsod na Makabago"

  • At4ses-x1

    REPORT OF THE COMMITTEE

    Re: Operation of the Santa Rosa Community Hospital

    I. The Underlying and ParamountConsiderations of the Report

    Notably, the report has been formulated under the office of theundersigned's sworn obligation as the elected SanggunianPanglunsod officials to enact ordinances, approve resolutions,appropriate funds and uphold its oversight functions for the generalwelfare of the city and its inhabitants pursuant to the "general welfareclause" referred by Sec 16 of the Local Government Code.'

    As such, the proponent, who is acting merely in the service ofhis constituents and not to disfavor any person or office, is dutybound to protect and ensure among others, the safety and protectionof all city government property. 2 In this sheer contemplation in whichthey believe that in order to secure a better service for the people ofSta. Rosa City, there is a greater need to demand for publicaccountability — for public office is a PUBLIC TRUST and publicofficers and employees must at all times be accountable to thepeople.3

    Lastly, on this score, we must bear in mind that as publicofficials and employees, we have our owned defined functions,responsibilities, and accountabilities. Our power is not ours but issimply delegated by the providence of the proper authorities throughenacted law. This is because ours is a government of law and notof men!

    Prompted with the above principles of justice and fair play,hence, this report is drafted.

    'Sec 447 (a), LGC; Sec 447 (2) (i) LGC2 Sec 447 (a)(1)(x), LGC3 Sec 1, Book V of Executive Order No 292 (The Civil Service Law and Rules)

  • 2

    II. Irregularity committed by the office ofSanta Rosa Community hospital

    The Sangguniang Panglunsod found out, after numerouscommittee hearings, that Dr. Patacsil, who is a Medical Director ofSanta Rosa City Hospital (SRCH) with a Salary Grade of 25, patentlyignored the laws of the land and the city ordinances. Despite severalattempts of the Sanggunian Panglunsod to correct Dr. Patacsil'sadministration over the SRCH operations, he simply brushed themaside to the detriment of the Santa Rosa City constituents in terms oftheir health needs and to the loss and/or misuse of the City's publicfunds.

    A. HIRING of private medicalspecialist to be deployed at SantaRosa Community Hospital

    In order to address the health issues in the SRCH, theSangguniang Panglunsod in pursuit of its mandate, created theOrdinance No.1744 as amended by the Ordinance No. 1985 tostrengthen the service capability of SRCH by providing additionalpresence of identified medical specialists to be deployed thereintwenty-four (24) hours, seven (7) days a week.

    These medical specialists shall comprise of Internal Medicine,Obstetrics and Gynecology, Pediatrics, and Surgery and Anesthesiology, allof them having have a SG 22. This is in line with the staffing pattern in allthe government hospitals in the Province of Laguna and is based onthe Salary Standardization of the Civil Service Commission.

    The ordinance was forwarded to the office of the hospitaldirector for their information and implementation and likewise advisedhim to coordinate with the office of the Sangguniang Panglunsod andoffice of the mayor regarding the progress in hiring and employmentof in-house medical specialists as stated in the approved ordinance.However, instead of implementing the ordinance, he maintained his

  • 3

    position that hiring and employing medical specialists is notrecommended. Instead, focus must be on the increase of additionalcard holder or Philhealth card members.

    Blinded by the continuous operation and existing consultancyagreement made and entered by the office of Santa Rosa CommunityHospital represented by Dr. Parnell Patacsil, the operation remainsthe public clamor of tax payers especially the marginalized group ofSanta Rosa City and even created the following scenarios:

    a) Comparing to the other government hospital operation,particularly the staffing pattern, SRCH is far different,wherein, the Standard Operating Procedure of the DOH andthe Civil Service Commission Policy is highly observed.

    b) In other government hospitals, the MOA between thevolunteer medical specialists and the hospital is representedand signed by the Local Chief Executive. The former isobliged to render forty-hours a week duty similar to thegovernment employees working hour. While in the case ofSRCH, the MOA between the hired medical specialists andthe hospital is represented and signed by the hospitaldirector, wherein clearance from the Mayor's office and thesangguniang panglunsod is disregarded.

    The stand of the sangguniang panglunsod was already conveyed.The following are worth noting;

    A) If the SRCH will hire and employ medical specialists,definitely, there will be no professional fee that will becharged to the patient for every services rendered by themedical specialist.

    B) There will be a regular duty that will be strictly followed bythe salaried medical specialist.

    C) That hiring and employing of medical specialists does notmean unethical to the medical profession and does not affectprivate practice of local specialists since the priority of hiringby the government hospital must be offered to the localspecialists.

    D) That salary grade 22 plus the sharing of the payments madeby the Philhealth to the medical doctors are considered

  • 4

    attractive salary package to applicant medical specialists(based on the report of doctors and directors of othergovernment hospitals).

    E) That informing the applicant medical specialist uponemploying to the government service limits his/her medicalprivate practice, is definitely be discouraging to his/herapplication in the government service.

    SRCH under the incumbency of Dr. Patacsil created the followingscenarios:

    i. Private Practices of the consultants are performedwithin the SRCH;

    ii. Said practices oblige the patients to pay theconsultants which should be free in the first place;(if the ordinance is implemented)

    iii. All of the properties and facilities used in privatecases are from the SRCH funds appropriated by theSangguniang Panglunsod;

    iv. Increase in private case in the SRCH, lack ofhospital beds for the public especially the Philhealthmembers (as provided in SRCH profile, listing ofpatients with promisory notes.

    v. Due to these private cases within the SRCH, thosewho cannot afford to pay would not anymore availthe free services of SRCH because all the bedstherein are already used in private cases. Hence,they are compelled to look for the other hospitals.

    In sum, the SRCH intended for the public became the venue ofprivate medical transactions where sales of medical services arehappening while the facilities, tools, equipment and staff wereprovided and paid for by the government of Sta. Rosa City, to thelatter's prejudice

  • 5

    The stand of the Sanggunian Panglunsod was already conveyedto Dr. Patacsil years ago but was ignored by him. The following areworth noting:

    It must be emphasized that under Policy No. 2 of the HumanResource Management, entitled: Polices and Procedure forHiring Medical Officers (issued on Feb. 28, 2011), " xxx the SRCHhave the right to recommend every applicant (aspiring to be anemployee) for vacant position to the Human ResourceManagement Office and to recommend to the top management tocreate positions that are necessary if not mandatory to theoperation of the hospital".

    Per above policy, what the Medical Director is mandated todo or should have done is to recommend for the creation of newpositions for the betterment of the hospital's operations. But ifthe said positions are argued not to be necessary or mandatory,again, then why is there a need for the medical consultants?Why they are using the public hospital?

    To the mind of the Sangguniang Panglunsod (SP), it is not justabout the urgency to augment hospital beds or theimprovement of health service but more importantly, thecompliance of such urgency and improvement in accordancewith the laws and ordinances we sovereign people have writtenand therefore are bound to give respect. Putting it in a differentway, The SP aim for the better not just in the hands of the fewbut in the hands of those who are really, under the law,recognized and authorized by the will of the entrustee-electorate. The reason is very basic - public office is a publictrust; public office is merely entrusted to the public officer.

    Records show that the appointment of a Medical Directordoes not entitle him of any slightest power to enter into aconsultancy agreement with other physicians especially whentheir compensation for the services rendered would come fromthe local funds.

  • 6

    After extensive researches, the undertakings of a medicaldirector of a hospital are limited to the following:

    Rights, Duties, Privileges, and Obligations

    1. Avoiding Conflicts of Interest+ Resolve clinical conflict of interest in favor of the patient+ Do not refer patients to laboratories or other healthcare

    facilities in which you have a direct financial stake withoutdisclosure

    2. Respect for Business Ethics• Do not use hospital supplies for personal use4- Do not promise payments to vendors or other payees or sign

    contracts that are beyond the scope of your authority3. Responsible to community

    + Avoid behaviors that impair the community's confidence inthe hospital systemDemonstrate behavior that ensures the future viability ofthe hospital system to the concern public

    Failure to meet the professional obligation will be dealt with bythe appropriate disciplinary committee. Failure to meetprofessional ideals, although less serious also grounds (sic) fordisciplinary review

    Note: Item 1-3 are from "Patients' Rights and Organizational Ethics"(Policy Number 1.5.b.1, Issued on 28 Feb 2011)

    4. General Power of the Hospital Director(i) The director is required to monitor the flow of the hospital

    services and always take note the shortfalls to makeadjustments and/or make strategies to hasten the hospitalservices;

    (II) He should organize regular monthly meeting with anydepartment of the hospital to tackle problems encountered inproviding services to the patients;

    (iii)He should also take the initiative to orient and re-orienthimself to the processes in all hospital departments for betterservices outcomes;

    (iv) Includes all acts necessary for the formulation of appropriatepolicy and procedure (note: this part is not a verbatim copybut was phrased to couch the general notion of the intendedresponsibility of a hospital director.

  • 7

    S. Policies and Procedures for Hiring of Medical Officers inthe SRCH - (source . Human Resource Management, Policynumber 2, issued on Feb 28, 2011)

    Duties and Responsibilities of a Medical Director:

    1.Reviews the personal data sheet (PDS) or resumesubmitted by the applicants to the Hospital's HRDepartment;

    2.Select qualified applicants based on the PDS or resumeand the position being applied for

    3.Submits the PDS of selected applicants to the City'sHRMO through the Hospital designee after the review;

    Attends the Local Health Board Meeting concerning thehiring of the personnel.

    As culled from the above, the medical director clearly has nojurisdiction to enter into such agreement or contract in the name ofhis office, and worse, to enforce them. The power belongs to theLocal Health Board as the proper body to act as advisory committeeto the Sanggunian in all matters regarding annual budgetaryallocations for the operation and maintenance of health facilitiesand services as stated in Sec 102 (b) of the Local Government Codeand also for the processing of aspirants to be nominated as anemployee. This is in consonance with the policy of Santa RosaCommunity Hospital, viz:

    Policies and Procedures on Credentialing and Privileging ofStaff (Subject: Human Resource Management; Policy No.4.1.1.b.2; Issued on 28 Feb. 2011)

    Purpose: To establish a fair and acceptable way ofconsidering credentials of all the staff in the SRCH and putthem on a right position to be a hospital personnel

  • Hiring:

    1. Selection of employees in the hospital shall be open toall qualified men and women according to the principleof merit and fitness. Applicants shall meet all therequirements of the position to be filled up based onthe following:

    a. Education and Trainingb. Experience and Outstanding accomplishmentc. Performanced.Psycho-social attributes / personal traits

    2. The Pre-Selection Board of the hospital will evaluateapplicants. Interview and written examination is alsoincluded

    3. The most qualified applicant will be recommended forthe position to be filled up based on the above setCriteria of the Civil Service Commission.

    4. Positions that require necessary licenses are strictlyfollowed. No staff can be appointed to the positionwithout valid licenses if the position requires.

    Procedures:1.Publication of the vacant positions2.List of aspiring candidates3. Conduct preliminary evaluation of the qualification of all

    candidates on the basis pertinent to the position4. Notify all applicants of the outcome of the preliminary

    evaluation5.Submit the selection line up to the board for deliberation6.Evaluate and deliberate the qualification of those listed in

    the selection line-up7.Submit the list of candidates recommended for

    appointment from which the appointing authority shallchoose

    8.Assessment of the merits upon the board'srecommendation by the appointing authority.

    9. Selection from the 'qualified nominees

    The pre-selection board is composed, among other, ofpersons from the local health board which includes the LocalCouncil through its local committee on health.

    8

  • 9

    On the other hand, taking into analysis it is no doubtan indirect way of appointing an employee to thegovernment service and in effect giving them direct accessto government property and consequently, compensated bythe local fund. This is a blatant disregard and violation of theLocal Government Code and the Civil Service Rules. Forone thing, the Medical Director has no delegated appointingpower nor will have a valid one under our Local GovernmentCode. Second, what one cannot do directly (such asmaking an appointment), he cannot also do indirectly.

    It is the Sanggunian Panlungsod within the city whohas the discretionary power to determine the powers andduties of officials and employees of the city: 4 Theconsultancy agreement agreeing to the context that thereshall be no employer-employee relationship that shall arisebetween the contracting physician and the communityhospital is an express encroachment to the power of theSanggunian namely: (1) to determine the powers and dutiesof officials and employees of the city;5 and (2) to determinethe positions and the salaries, wages, allowances and otheremoluments and benefits of officials and employees paidwholly or mainly from city funds and provide for expendituresnecessary for the proper conduct of programs, projects,services, and activities of the city government;

    The Medical Director, in allowing the contractingphysician to exercise private practice within the vicinity of thegovernment hospital and to allow them access to its propertywith which the director has no power in fact and in law alsodeliberately violates the provisions on the Local GovernmentCode giving the Sanggunian Panlungsod and not any otherperson or entity to (1) prescribe reasonable limits andrestraints on the use of property within the jurisdiction of the

    Sec 458 (a)(1)(vii), LGCs Sec 458 (a)(1)(vii), LGC

  • 10

    municipality8 ; and (2) to provide for and set the terms andconditions under which public utilities owned by the city shall

    be operated by the city government, and prescribe theconditions under which the same may be leased to privatepersons or entities, preferably cooperatives;'

    Alarmingly, while the provisions in the agreementallows the physician-consultants to their private practice, thisruns counter to the DOH Administrative Order No. 172,series of 2001 8 since it provides that only medicalprofessionals with plantilla items are qualified to be a privatepractitioner in the government hospitals whereas theagreement's tenor does not speak of any plantilla positionsince it cannot be that way when no employer-employeerelationship shall exist between the parties concerned.

    More importantly, basic is that as between the law orordinance and the unilaterally executed contract, the formershall prevail over the latter. Too, as between theinconsistency of the law and/or ordinance and the Hospital'spolicy, the latter cannot prevail over the former. The MedicalDirector cannot just arrogate unto himself the power toexecute contract involving public office, public property andsupplies9 , disbursement of public funds and to disrespect oursystem of govemment.

    Finally, as the elected legislature, the SP ought toprovide basic services (Sections 16 and 17, LGC). To addadditional two specialists for each department concerned in

    'Sec 458 (2)(v0, LGC7 Sec 458 (3)(iii), LGC

    Policies and Guidelines on the Private Practice of Medical and Paramedical Professionals in GovernmentHealth Facilities9 Sec 357(c), LGC - "Supplies" includes everything, except real property, which may be needed in thetransaction of public business or in the pursuit of any undertaking, project, or activity, whether in the natureof equipment, furniture, stationary materials for construction or personal property of any sort, includingnon-personal or contractual services such as the repair and maintenance of equipment and furniture, as wellas trucking, hauling, janitorial, security, and related services;

  • 12

    or giving undue advantage in favor of or discriminatingagainst any other interested party.

    (g) Entering, on behalf of the Government, into anycontract or transaction manifestly and grosslydisadvantageous to the same, whether or not thepublic officer profited or will profit thereby.

    B. Dr. Patacsil did not implement theOrdinance duly enacted by theSangguniang Panglunsod

    The creation of plantilla positions for the physicians to beemployed by the Santa Rosa Community Hospital (SRCH) couldresult to the following:

    a. It would avoid private persons from indiscriminatelygaining access to the government property such as itsfacilities and thus efficiently protecting the city'sresources;

    b. It would bring more closely to the city's regulation sincethey are in the custody of the government's propertywhich fundamental reason of existence is to serve thepublic and more especially, the underprivileged. Assuch, they would be treated as public employees as theyshould be.

    c. As public employees, they would be more cautious intheir exercise of profession since they would be underthe Civil Service Law;

    d. As they being in the plantilla position, it would bringthem more to their advantage as regards their benefits.Likewise, their "boss" is the sovereign people and theirtenure would not depend or at the mercy of just some

  • 13

    individuals. This will lessen the negative effect of the"pakikisama" system.

    DOH Administrative Order No. 172, series of 2001, extendsprivate practice of medical staff while in the government hospital orduring working hours in the government only to those whoseappointment is a plantilla position and not to any other kind of positionsuch as the private consultants.

    Involved here is Section 511 (b) of the Local Government Codeexpressly provides that any public officer or employee who violatesan ordinance may be meted administrative disciplinary action, withoutprejudice to the filing of the appropriate civil or criminal action.

    In the same vein, sections 35, 376, and 377 of the LocalGovernment Code hold department head to be personally andprimarily liable to proper care and utilization of government property.

    In disregarding the ordinance, it is the city's constituents whoare the losers in this case. On the other hand, there is presumedbenefit or interest that Dr. Patacsil was getting: he took political gainswithin the circle of his profession inside the City of Santa Rosa andhe even practices his private case in SRCH.

    Thus, section 3 (h) of the R.A. No. 3019 — "Director or indirectlyhaving financing or pecuniary interest in any business, contract ortransaction in connection with which he intervenes or takes part in hisofficial capacity, or in which he is prohibited by the Constitution or byany law from having any interest.", has been clearly violated.

    C. The Consultancy Agreement andthe non-implementation of theOrdinance gave rise to loss oflives

    Because of the Consultancy Agreement and the non-implementation of the Ordinance, it gave rise to the following:

  • 14

    a. loss of lives of the patients;

    b. non-availability of hospital beds intended for the public;c. hospital capability cannot be upgraded because the DOH

    and Philhealth Authorities discovered several violationsmade by the SRCH in dealing with its patients especiallythose Philhealth members;

    d. Use of public funds and facilities for private cases of theconsultants; and

    e. While no employer-employee relationship should existbetween the SRCH and the consultants, then the liabilityand/or damage, in case there would be, with the patientsbecome very much confusing.

    RECOMMENDATION:

    After careful study and analysis of the foregoing premises, the3 committees hereby recommend the passage of the Resolutionrequesting the city legal officer to review and evaluate the threecommittee reports conducted by the committee on health, socialwelfare, and the blue ribbon committee prior to its recommendation toproper government disciplining authority such as the office of theombudsman and to the Proper Court, since the SangguniangPanglunsod still waiting for the auditing report conducted by the COAbased on the SP resolution number/04- ,and the resolution requestingthe SRCH represented by Dr. Patacsil to furnish the SanguniangPanglunsod the listing of patients who receive free surgical and OBgynecological cases from 2010 to 2016 at the SRCH based on theresolution number q9- azit,

  • Republic of the PhilippinesCITY OF SANTA ROSA

    Province of Laguna

    OFFICE OF THE SANGGUNIANG PANLUNGSOD

    TO : HON. LUISITO ALGABRE

    SP Chairman- Committee on Blue Ribbon & Human Rights

    FROM • THE COMMITTEE ON SOCIAL WELFARE

    RE : FINDINGS AND RECOMMENDATIONS

    DA`lF

    : August 05, 2015

    This refers to the Fact Finding Committee Hearing held last July 28, 2015 at the SPSession Hall Gallery regarding the Santa Rosa Community Hospital Operations. TheCommittee hereby finds the following irregularities:

    Dr. Parnell Patacsil entered into an agreement with two (2) pharmacies to providemedicines for the patients of the hospital signing in behalf of the Santa RosaCommunity Hospital owned and funded by the Local Government of the City of SantaRosa. Laguna only with the verbal approval from the Local Chief Executive.

    2 Dr. Parnell Pata.csil entered into an agreement with the doctors as consultants of thehospital signing in behalf of the Santa Rosa Community Hospital owned and fundedby the Local Government of the City of Santa Rosa. Laguna with verbal approval fromthe Local Chief Executive.

    CONTENTION :

    There are two legal issues that need to he threshed out in this controversy. First, iswhether or not Dr. Patcsil can enter into CONTRACTS with different parties withoutappropriate authority? And second is, whether or not the Chief Executive can delegate

  • its power to a department head to enter into agreements or contracts with privateparties, much more without the authority , from the Sanggu.nian.

    Sec. 22(c) of R.A. No. 7160 provides:

    Sec. 22. Corporate Powers. (a) Every local government unit, asa corporation, shall have the following powers:

    X X X

    (c) Unless otherwise provided in this Code, no contract may beentered into by the local chief executive in behalf of the localgovernment unit without prior authorization bythe sanggunian concerned. A legible copy of such contract shall beposted at a conspicuous place in the provincial capitol or the city,municipal or barangay hall.

    As it clearly appears from the foregoing provision, prior authorization bythe sanggunian concerned is required before the local chief executive mayenter into contracts on behalf of the local government unit. Therequirement was deliberately added as a measure of check andbalance, to temper the authority of the local chief executive, and inrecognition of the fact that the corporate powers of the localgovernment unit are wielded as much by its chief executive as by itscouncil. (Quisumbing, et.al vs Martinez, et.al . GR No. 175527,December 2008)

    The law clearly states that the Local Chief Executive is the representative ofthe Local Government Unit in any agreement that the LGU has to enter with priorauthorization of the Sangguniang Panhingsmi

    Anent the second issue, there is no provision in RA 7160 that allows aDepartment head or any head of eice to enter into a Memorandum of Agreement inbehalf of the LGU with only verbal approval from the Local Chief Executive.

    3. It was mentioned by Dr. Patacsil that the agreement with the doctor consultants startedin the year 2013 and is being renewed in a yearly basis.

    4. The contract according to Dr. Patacsil is patterned with what the Department of Health(DOH) is using.

    5. Currently, we have One Hundred Nine (109) Doctor Consultants.

  • 6. Only thirty one (31) copies of contract with the doctors were submitted to theSangguniang Panlungsod and the remaining seventy (78) contracts according to Dr.Patacsil is in his office, still for signature of the doctors.

    7. These doctor consultants are not receiving any salary from the government but theyare charging professional fees to both house and private patients, PhilHealth and non-PhilHealth members as stipulated in the Contract of Agreement.

    CONTENTION:

    This only proves that only thirty one (30 doctors have entered into a consultancyagreement but a total of one hundred nine (109) doctors were permitted 10 accept andtreat patients in the Community hospital.

    Why do they allow doctors who haven't signed the contract practice in the hospitaland even perform operations. What is the significance of the Contract of Agreement if thatis the case?

    Since the contract is renewable evety year, it has to be signed by the contractingparties before the end of every fiscal year or on the first day of the year before the doctorconsultant can perform his act in the hospital. It is barely five months and the year wouldhe over, but the contracts are not yet signed.

    This is negligence on the part of the management of the hospital.

    Government hospitals are established to provide health service to the people free ofcharge as much as possible.

    RECOMMENDATIONS:

    The Committee hereby recommends the Honorable Committee on Blue Ribbon to takethe lead for necessary legal measures by filing a complaint to the Department of Interiorand Local Government (D1LG) Central office, the Civil Service Commission, and theOffice of the Ombudsman as it deemed necessary.

  • Republic of the PhilippinesCITY OF SANTA ROSA

    Province of Laguna

    OFFICE OF THE SANGGUNIANG PANLUNGSOD

    TO : HON. LUISITO ALGABRESP Chairman- Committee on Blue Ribbon & Human Rights

    : THE COMMITTEE ON HEALTH AND SANITATION

    : FINDINGS AND RECOMMENDATIONS

    : August 05, 2015

    The committee recognized the need of the hospital to attain the Level 2 status asper DOH and Philhealth requirements, however, we would like to point out that thepriority as of to date is for us to modify the existing hospital operations before weexpand our services because that would not solve the current complaints that we arereceiving from our constituents.

    The committee's findings are as follows:

    1. The incident of non-distribution of food to the patients due to lack of funds is notacceptable.

    It is a clear violation of human rights. The Philhealth representativesstated that their payments for food and board for their members canaccommodate those that are non- Philhealth members.

    The management of the hospital is reiterating tilat the reason is due tolack of funds, they should have lobbied for it to the Chief Executive and to thebudget officer since we, at the Sanggunian Panlungsod consistently approvedwhat they have stipulated in their proposed annual budget and we assumed thatit is their requirement since they are the ones making their proposals.

    They should have exhausted other means like dialogue with the SocialWelfare to assist the hospital in cases like this arises.

    t,;(

    FROM

    RE

    DATE

  • HON. LAU EMER CARTAember

    HON. M ORENDANAMe ier

    HO 0 LASERNAMember

    2. The contract with two (2) pharmacies is not necessary.

    As per the General Fund Budget for the Santa Rosa Community Hospitalwe allocated P8M for drugs and Medicines for 2014 and 2015 and for medical,dental and laboratory supplies is P26M for 2014 and P2OM for the current year.With this amount, we can already start up a pharmacy in the hospital. And againinsist on their budget requirement to the LCE and the City Budget with theirjustifications.

    3. The doctors are still charging professional fees even to house cases.

    This is clearly stipulated in the Contract of Agreement with the doctors.This is one problem that we have to solve especially for patients who are reallyindigent. Patients who go to government hospitals are those who are not capablein paying for private doctors.

    4. Lack of Dietitian or Nutritionist

    This is very vital in hospital operation since each patient has their owndietary requirements.

    RECOMMENDATIONS:

    The Committee hereby recommends the Honorable Committee on Blue Ribbonthe following:

    1. Enforce implementation of City Ordinance No. 1744-2011 as furtheramended by City Ordinance No. 1985-2011 and to exhaust all measures in theconduct of recruitment of specialist doctors,

    2. To order the management of the Santa Rosa Community Hospital through thehospital director, Dr. Parnell Patacsil to make the necessary changes in theirhospital operation as per our findings.

    3. To make a resolution address to the City Treasurer to submit documents andaccounting reports regarding the status of the Hospital trust funds.

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