GR 203080; (November, 2014) (Digest)
G.R. No. 203080 November 12, 2014
DR. IDOL L. BONDOC, Petitioner, vs. MARILOU R. MANTALA, Respondent.
FACTS
Marilou R. Mantala (respondent) filed a complaint for grave misconduct against Dr. Idol L. Bondoc (petitioner), Medical Officer III at the Oriental Mindoro Provincial Hospital (OMPH). Respondent was admitted to OMPH on April 3, 2009, referred for a cesarean section due to a large baby and excessive amniotic fluid. She alleged that in the delivery room, petitioner instructed assistants to press on her abdomen and demonstrated inserting fingers into her vagina, then left. Later, petitioner returned and, despite her request for a cesarean section due to unbearable pain, did not perform one. The midwife and assistants continued pressing her abdomen until delivery, after which she lost consciousness. She awoke to learn petitioner had performed surgery to remove her ruptured uterus, resulting in a stillborn baby and loss of reproductive capacity. Post-operation, she had a swollen vulva and an open surgical wound with pus. She was discharged but later readmitted for wound re-stitching by petitioner. Respondent’s husband and anesthesiologist Dr. Rosinico F. Fabon corroborated her account, with Dr. Fabon detailing the emergency surgery, massive blood loss, and petitioner’s solo operation without a consultant. Petitioner countered that respondent had a prolonged labor after defying medical advice and preferring a traditional birth attendant. He claimed he presented delivery options, which respondent chose, and that midwives took over during his other surgeries.
ISSUE
Whether petitioner is guilty of grave misconduct warranting administrative liability.
RULING
Yes. The Court affirmed the findings of the Office of the Ombudsman and the Court of Appeals, holding petitioner guilty of grave misconduct. The Court found that petitioner exhibited a conscious indifference to the consequences of his actions, amounting to flagrant disregard of established medical rules. His failure to perform a timely cesarean section despite known risks (macrosomia and polyhydramnios), his abandonment of respondent to assistants during critical labor, and his solo performance of a major surgery without proper referral or assistance demonstrated gross negligence and unethical conduct. This constituted grave misconduct, defined as a transgression of established rules involving wrongful intent and a clear intent to violate the law or disregard standards of behavior. The penalty of dismissal from service, with forfeiture of retirement benefits and perpetual disqualification from reemployment in government service, was imposed.
