The Quezon City Regional Trial Court has granted the appeal of former Autonomous Region for Muslim Mindanao Governor Zaldy Ampatuan to allow his transfer from the Taguig-Pateros District Hospital to the Philippine Heart Center (PHC).
In a three-page order, Judge Jocelyn Solis-Reyes of QCRTC Branch 221 granted the extremely urgent ex parte motion for transfer to Philippine Heart Center filed by Ampatuan, after finding merits on the grounds cited in his motion.
Judge Reyes, however, junked the alternative prayer of the accused to allow his transfer to St. Luke’s Medical Center in Global City, Taguig in case he will be denied admission at PHC.
Ampatuan through his legal counsels, Rachel Jane Abelinde and Ralbert John Neil Tibayan, filed the urgent motion as he is suffering from congestive heart failure.
Ampatuan was initially brought to the Taguig-Pateros District Hospital last June 24 after he experienced shortness of breath, dizziness and increase in blood pressure.
The accused’s counsels have chosen PHC since it has not only a complete set of equipment for tests that the accused might need to undergo, but also records of his confinement in the past years.
During the motion’s hearing the other day, the prosecution panel opposed the motion saying that the attached Referral Slip appeared to have no urgency and necessity for the transfer of the accused to PHC.
The prosecution argued that the ailment of the accused is within the clinical competence and level of management and treatment by the Taguig-Pateros District Hospital, otherwise, said medical facility should not have simply directed his admission but recommended his immediate transfer to PHC for appropriate and better management.
However, the prosecution said that should the court grant the motion, it should be subject to the conditions that the transfer of said accused be in accordance with the rules and regulations of the Bureau of Jail Management and Penology (BJMP).
Also, the prosecution opposed the alternative prayer for the accused’s admission to St. Luke’s Medical Center saying that being a detainee, he can only seek medical confinement in a government hospital.
Meanwhile, the court ordered the counsels of accused to submit to the court the results of his medical examinations and/or medical abstract within 48 hours after receiving the order and that the prosecution must be furnished the same.
The court also directed the BJMP jail warden to immediately transport the accused back to his detention cell after completion of his medical examination.