The Supreme Court (SC) has upheld the dismissal of a government doctor who reportedly failed to respond to a medical emergency during a bombing at the Davao International Airport in 2003, killing 22 persons. The High Court en banc dismissed the petition of Dr. Edilberto Estampa Jr. who had sued the City of Davao for firing him as a the city's medical health officer and concurrent "disaster coordinator" for gross neglect of duty.
The case stemmed from the March 4, 2003 bombing at a passengers' terminal of the Davao International Airport that killed 22 persons and injured 113 others. Dr. Estampa had just arrived home and was taking care of his one-year-old daughter when the blast happened at 6 p.m. He learned of the bombing incident between 7 to 8 p.m. An hour later, his wife arrived home from her work at the Davao Medical Center where most of the bombing victims were taken. However, she prevailed upon Dr. Estampa to stay home. In a decision penned by Associate Justice Roberto Abad, the SC said "the court finds no excuse for reinstating Dr. Estampa to the position he abandoned when it needed him." The High Court upheld an earlier ruling by the Court of Appeals (CA) against the physician, turning down Estampa's excuse that he had to stay at home to watch his then one-year-old daughter. "Dr. Estampa's defense is not acceptable.
A person's duty to his family is not incompatible with his job-related commitment to come to the rescue of victims of disasters," said the SC. The SC further said: "Disasters do not strike every day. Besides, knowing that his job as senior medical health officer entailed the commitment to make a measure of personal sacrifice, he had the choice to resign from it when he realized that he did not have the will and the heart to respond." The City Government of Davao appointed Estampa Jr. as Medical Officer VI at its City Health Office on February 1, 2001. He was then the head of a Task Force Unit assigned to deal with any untoward event taking place in the city and Disaster Coordinator for the Davao City Health Office under the Davao City Disaster Coordinating Council. On March 6, 2003, two days after the blast, Dr. Roberto V. Alcantara, officer-in-charge of the Davao City Health Office, required Dr. Estampa to explain in writing why he failed to respond to the bombing incident. Dr. Estampa submitted his explanation.
On March 19, 2004 the Assistant City Legal Officer submitted an Investigation Report, finding a prima facie case against Dr. Estampa for neglect of duty and recommending the filing of a formal charge against him. At the pre-trial, Dr. Estampa waived his right to counsel. The parties agreed to dispense with a formal hearing and to just submit their position papers or memoranda. On November 12, 2004 the City Legal Officer found Dr. Estampa guilty of "grave" neglect of duty and recommended his dismissal. On February 8, 2005 the city mayor approved the dismissal of Dr. Estampa who subsequently moved for reconsideration.
His plea was denied, prompting him to appeal to the Civil Service Commission (CSC). On June 2, 2006 the CSC denied Dr. Estampa's appeal, corrected the denomination of his offense to gross neglect of duty, and affirmed his dismissal. The CSC also denied Dr. Estampa's motion for reconsideration for lack of merit. Dr. Estampa then appealed to the Court of Appeals (CA) and lost.
