AFTER a prolonged legal battle, Dr. Ramon Guerra Jr., chief of the West Visayas State University Medical Center (WVSUMC), received an order dismissing him from the hospital. But he has filed a motion for reconsideration with the Board of Regents (BOR) that meted the dismissal order and he continues to stay in office.

To recall, he was charged and preventively suspended by the hospital’s BOR January 17, 2006, for alleged grave misconduct and irregularities in the purchase of patient monitors, steam sterilizers and defibrillators from Medikotek, Inc.

The other case is the lease-to-own transaction with Himex Corporation for the purchase of diagnostic equipment sometime in 2005. It was the group of Dr. Louie Tirador who complained to the board May 2, 2006, about the doctor’s deals with a private supplier without authority from the BOR.

On May 23, 2006, the BOR formed a fact-finding committee to probe the transactions. It was found out that the transaction with Medikotek, Inc. was without authority from the board, hence, contra bonos mores – contrary to sound established practices!

His signing of the voucher for payment to Medikotek was also without authority from the board. On why he did it, he has yet to say. But now he is facing the unwanted consequences of his acts by stepping over the line of pardonable behavior.

On October 30, 2006, the fact-finding committee recommended to the BOR that Dr. Guerra be meted “appropriate actions” for entering into a contract with Medikotek without the hospital officials getting wind of it.

Surprisingly, despite the directive of the board to former WVSU president Lourdes Arañador to file charges against Dr. Guerra, she refused by claiming there was no irregularity in the transaction. Amici probantur rebus adversis – friends are tested by adversity!

On January 9, 2007, the board passed another resolution formally charging Dr. Guerra with grave misconduct and preventively suspending him for 90-days pending investigation of his case. Well, truth has become Arañador’s last casualty!

Guerra, however, was able to secure a temporary restraining order (TRO) from RTC Executive Judge Rene Hortillo on January 17, 2007. The TRO was extended until February 6, 2007.

Three RTC judges, Gloria Madero, Loida D. Maputol and Edgardo Catilo inhibited from hearing the case. Undersecretary Oscar Garin, who is said to be a relative of the doctor, may have some explanation to enlighten us.

It was only a misfortune for the doctor that his petition for issuance of injunction was dismissed by RTC Judge Yolanda F. Gaviño of Branch 34 on February 6, citing rules on administrative cases involving civil servants.

But this is not what we are looking for. It is the claim of former WVSU president Arañador that there was no irregularity in the transaction of Dr. Guerra when the fact-finding committee said otherwise.

The Supreme Court says: “Court is guided by the jurisprudence borne from experience that perfect testimonies cannot be expected from imperfect senses.” PP vs. Sahagun, 274 SCRA 208.

Dr. Guerra’s purchases are good for patients and the hospital but the manner by which the items were bought is being questioned. Arañador should know that the people are not keen on reading good stories about the hospital but are more interested to know how hospital officials spend taxpayers’ money!

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