Jason Infante's family to press charges vs Eye Bank Foundation

The family of 18-year-old murder victim Jason Infante is set to press charges against those behind the removal of his eyes without the consent of his family.

 

"Kailangan kong mag-ingay para sa anak ko. Definitely, talagang idedemanda. Kailangan mahanap kung sino 'yung culprit na kumuha ng mata ng anak ko," said Jason's mother Jonie during a press conference Monday in Quezon City.

 

"Definitely, kinoconsider talaga namin 'yung civil aspect, 'yung damages. Aside from that, we will try to make it a point na may criminal liability. We're thinking of qualified theft. Depende pa rin sa circumstances 'yan. Ang qualified theft kasi, you entrusted the body of the deceased sa mga taong ito na supposed to be igagalang 'yung katawan nung namatay," said Atty. Claire Castro, who is representing the family.

 

According to Jason's mother, they will press charges against the Eye Bank Foundation, the SOCO representative, the medico-legal and Funeraria Filipinas. "I'll have to consult with my lawyer, natural kasama yung Funeraria Filipinas. Dahil paano magkakaroon ng access 'yung Eye Bank kung hindi nila pinayagan?" she said.

 

 

 

In an earlier report, Funeraria Filipinas representative Rosel Laurito said they were not aware that Jason's corneas had been removed. Meanwhile in an official statement, Eye Bank Foundation president and chair Dr. Dominga Padilla said "the retrieval of Jason’s corneas was done in good faith, in accordance with the mandate of the Eye Bank Foundation, and with utmost respect and care for Jason.”

 

The foundation claimed they could get the eyes without the family's consent under Republic Act 7885. R.A. 7885 says that physicians in charge of a patient, heads of hospitals, or other designated officers may authorize the removal of organs from donors for the purpose of transplantation provided that they have “exerted reasonable efforts, within 48 hours, to locate the nearest relative listed in Section 4 [of R.A. 7170] or guardian of the decedent at time of death.”

 

"Mayroon silang karapatan kung sila mismo sumunod sa requirements ng batas. Unang una, 'yung pamilyang nandodoon, 'yun bang ophthalmic surgeon, nagtanong ba, nasaan ang parents nito?" said Castro.

 

According to Castro, the law requires the Eye Bank Foundation to exhaust all efforts to locate the family or any relative within a 12-hour period before removing the corneas. 

 

According to the family, they were at the Funeraria Filipinas when the medico-legal autopsy was perfromed by a representative from the SOCO crime lab.

 

"Walang nang-iwan diyan...mananagot ang mananagot dito. Masagasaan na ang masagasaan. Basta, hindi ako papayag na binaboy ang anak ko," Jason's mother said.

 

Castro also said the removal of corneas should be done with the advice of the physician at the hospital where the victim died, and not at the funeral parlor as in the case of Infante. She added that the removal of corneas should be approved by the head of the hospital, and should be done by an ophthalmic surgeon who has trained for two years.

 

"Ang pagkakaalam ko, 'yung kumuha ng cornea, nag train lang for three months," Castro said.

 

According to Jason's mother, her son's eyes were taken, not just the corneas. "Ewan ko kung anong ginawa nila doon sa buong mata, pero ang narinig ko, hindi daw expert na surgeon talaga yung gumalaw nun. Ibig sabihin, pinagpraktisan pa  yung mata ng anak ko, hindi niya siguro nakuha nang perfect 'yung cornea," she said.

 

Castro added that if no family claims the victim's body, the post-mortem facial expression should not be affected by the removal of the corneas. "Dito kasi, we believe na ginawa ito without the knowledge of Jason's family. Pangalawa, nakuha na nila, hindi pa rin ininform 'yung family. Parang itinago. Kung hindi pa naramdaman ng mother na may kakaiba sa hitsura ng anak niya... hindi madidiscover," Castro said, adding that it seems this is not the first time the Eye Bank Foundation retrieved corneas without consent.

 

"Sa mga ganitong kasong criminal cases kasi, all the members of the board of trustess ay puwedeng makasuhan once we can prove that they have all the knowledge, all the approval of what had happened," Castro said.

 

"Nananawagan po kami na baka kayo din ay nabibiktima ng ganitong pangaabuso ng Eye Bank. Magsama sama po tayo na makipaglaban para mahinto ito," said Jason's brother, Michael Infante, who is barangay captain of Barangay Valenzuela.

 

"We'll pursue the case hanggang kung saan man ito makarating," said Paulo, also a brother of Jason. — RSJ, GMA News