Makati judge wants more evidence to prove urgency of Napoles’ surgery

(Updated 7:30 p.m.) A Makati judge on Tuesday ordered the lawyers of alleged pork barrel scam mastermind Janet Lim-Napoles to present before the court an expert that will prove the urgency and necessity of having her undergo a medical operation to remove a cyst in her uterus.

“You better present a medical doctor, your manifestation has no evidentiary value,” Judge Elmo Alameda of the Makati Regional Trial Court Branch 150 told Napoles' counsel during the hearing on the motion to undergo surgery and hospital confinement for post-operative care at St Luke’s-Global.

Alameda gave the order after lawyer Bruce Rivera asked the court for compassion toward Napoles.

“There is pain and she elects to have a surgery," Rivera told the court. “The family is now raising funds for her.” Also in the hearing were lawyers Fay Isaguirre Singson and Evita Magnolia Ansaldo.

Interviewed after the hearing, Rivera told reporters that they do not know yet who they will present on the next hearing set on March 18 at 9:30 am.

“We do not know yet because the doctor attending to her has been apprehensive because she is hounded by the media and everything,” he said, referring to Dr. Elsie Badillo-Pascua, Napoles' obstetrician-gynecologist.

The trial proper on the serious illegal detention case filed by Benhur Luy against Napoles and her brother Reynald Lim, who remains at-large, will also start on March 18.

Limited rights

Prosecutor Christopher Garvida said the rights of Napoles as a patient are now limited as she is a detainee. He, however, clarified that they are not objecting to any medical procedure, examination, or operation to be conducted on Napoles if it is indeed necessary.

Garvida also said that if Napoles will insist on St. Luke’s as her hospital of choice for the surgery, she better be transferred to the Makati City Jail, which is just a kilometer away from the medical institution.

Napoles, who is facing serious illegal detention case, is detained at Fort St. Domingo in Sta. Rosa, Laguna. She has yet to be formally charged in connection with the pork barrel scam.

Rivera said the prosecutor's statement was “way below the belt” but he refused to comment as it is not the main issue they are facing.

“The issue here is about humanity. You owe it to your self to be alive. She's a human being who is sick and she is afraid of what is inside her and she wants it removed. The urgency is immaterial at this point,” the lawyer told reporters.

PNP doctors

During Tuesday's hearing, Napoles’ camp presented Superintendent Nenita de Leon, chief of the administrative and personnel affairs of the Philippine National Police General Hospital (PNPGH), who testified that they have 40 medical doctors, five of them were obstetrician-gynecologist.

She also said that the PNPGH has an operating room.

De Leon also said the PNPGH has transvaginal ultrasound equipment but it was at the National Capital Region Police Office Health Service at the time Napoles was brought to the last month so they rented another machine to be used for the businesswoman.

Also presented was Chief Inspector Michelle Daguno, who testified that she can perform the operation needed by Napoles but cannot do it without the patient's consent.

Also during the hearing, Rivera said Napoles is now amenable to have the surgery in other hospital aside from St. Luke’s.   

“Mrs. Napoles could agree to have the operation in other hospital. She just wants to remove the pain. Southern Luzon Hospital and Medical Center (SLHMC) is okay with her,” he said.

Beggars can't be choosers

Rivera, during the interview with reporters, said they will not object if the court will allow Napoles to have the operation in a nearby hospital like SLHMC.

“In a perfect world, we would want St. Luke's but at this point, beggars can't be choosers,” he said.

He, however, admitted that they have yet to check on the facilities of Southern Luzon Hospital.

“It was the hospital na dinalhan niya when she had an emergency. It services Nuvali and other nearby communities so ang presumption namin is it can do the operation,” he said.

The lawyer said Napoles does not want to return to PNP GH because of the lack of equipment.

“The facilties in PNP GH is not as advanced to create a confidence on a person that she may be treated well. In fact, the 2D ultrasound machine is a bit outdated,” said Rivera — KBK, GMA News