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By Bohol Chronicle

Four doctors of the Gov. Celestino Gallares Memorial Regional Hospital (GCGMRH) accused of illegally removing the heart of a dead baby girl were cleared of charges for alleged violation of the Anti-Trafficking in Persons Act.

Dr. Emma Dominguez, Dr. Arlene Galo, Dr. Laurjena Nagulada and Jon Mark Verga were exonerated from the charges in a resolution promulgated by the Office of the City Prosecutor.

THE COMPLAINT FILED AGAINST THE GCGMRH doctors was ordered dismissed "for lack of legal basis".

Dominguez is head of the Pediatrics Department, while Galo and Nagulada are Medical Officers of said hospital while Dr. Verga is a resident physician of the GCGMRH Pathology Department.
         
The case, initiated by a joint complaint-affidavit of spouses Cresenciano Lamoste and Adelyn Gonzales last October 30, 2009, stemmed from the autopsy conducted on their 2-month old child, Creslyn Gonzales Lamoste, who died at the GCGMRH on September 22, 2009.

The autopsy, which had the written consent of the child's mother, was done by Verga for scientific purposes. The doctors of said hospital desired to have a definite diagnosis of the mult-organ involvement relative to the death of the infant, considering a possible "congenital anomaly".

In the process, Verga removed parts of the internal organs that revealed abnormal features, including the heart. These parts, and the whole heart, are kept at the Histopathology Department of the hospital.

In their defense to the complaint, the doctors argued that "trafficking in persons", as defined in R.A. 9208, involves only living persons, and not a cadaver under autopsy for scientific, diagnostic purposes.

"Autopsy is not among the acts constituting 'trafficking in persons' as defined in and penalized under R.A. 9208," the respondents contended in a manifestation submitted to the City Prosecution Office.

The city prosecutor's resolution categorically stated that "R.A. 9208 is not applicable to the case of baby Lamoste.

We agree with the contention of respondents that the act complained of is not one ofhte acts of trafficking in persons declared unlawful" under the said law.

The resolution stated further that the law states that the 3 elements of trafficking in persons for the removal or sale of organs are not present in the said case, thus, the complaint has to be dismissed.

The hospital also explained the need for an autopsy of the 2-month old baby who died of pneumonia.

GCGMRH spokesman Dr. Edgar Pizarras said the taking of samples from the child's organs is a standard operating procedure considering the hospital is a training hospital.

He said that, as a training facility, it is necessary for a government-run hospital to sustain or maintain its status and accreditation.

Pizarras confirmed that the parents were both apprised of the procedure when they were asked to sign the consent for the autopsy. But he said that the way it was explained about the procedure of the autopsy may have not been thoroughly elaborated especially the taking of the heart.

The defense of respondents Dominguez, Galo and Nagulada was handled by human rights lawyer Artemio Cabatos while Verga was assisted by Atty. Gregorio Austral.

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