Rosal and her companions were not allowed to read the order presented to them. Their cellphones were also reportedly confiscated to keep them from informing their lawyer and members of human rights group Karapatan about the planned transfer of Rosal to Camp Bagong Diwa. Rosal, her companions said, was forcibly dragged to a wheelchair.
By JANESS ANN J. ELLAO
Bulatlat.com
MANILA — Progressive groups condemned the transfer of Andrea Rosal from her hospital room in the Philippine General Hospital to a detention cell at the Camp Bagong Diwa last June 4, 2014.
Gabriela – Southern Tagalog, in a statement, said the discharge order from the Philippine General Hospital was released at around 5:00 p.m., June 4.
Rosal’s companion, according to Gabriela Southern Tagalog, expected that they could arrange for her discharge from the hospital the following day since it was already past office hours. But at around 6:40 p.m., members of the Bureau of Jail Management and Penology told Rosal to pack her things despite objections from her companions.
Rosal and her companions were not allowed to read the order presented to them. Their cellphones were also reportedly confiscated to keep them from informing their lawyer and members of human rights group Karapatan about the planned transfer of Rosal to Camp Bagong Diwa.
Gabriela added that Rosal was not even allowed to go to the comfort room.
Leona Entina, spokesperson of Gabriela Southern Tagalog, told Bulatlat.com that Rosal’s companions told her how Rosal was dragged to a wheelchair when she was being escorted out of the hospital.
“People were looking at her. She was crying because she was in pain,” Entina said.
Rosal, daughter of the late spokesperson of the Communist Party of the Philippines Gregorio “Ka Roger” Rosal, was arrested on Mar. 27, 2014 on charges of kidnapping and murder. The seven-month pregnant Rosal was detained at Camp Bagong Diwa, where, she said, she was deprived of due medical attention.
On May 17, Rosal gave birth to Diona Andrea. The baby, however, died the following day due to lack of oxygen.
Countersuits
In a memorandum signed by Jaime Claveria Jr., roving medical officer and surgeon of the BJMP-NCR, he said that Dr. Orlino Talens, attending physician of Rosal, said that Rosal has to be referred to an internist as she has urinary tract infection.
Claveria, however, said that the “presence of UTI is not a reason to extend her hospital stay.” Furthermore, Claveria claimed that the wound resulting from Rosal’s episiotomy could be managed properly inside the jail facility.
Maria Kristina Conti of the National Union of Peoples’ Lawyers told Bulatlat.com that the BJMP “practically kidnapped” Rosal when she was returned to the detention center.
As of this writing, Conti said the NUPL has yet to be furnished a copy of the discharge papers. If there is none, she said, the BJMP defied the May 20 court order of the Pasig City Regional Trial Branch 266 which stated that Rosal, after visiting the wake of her baby, may be brought back to either her detention cell or back to the Philippine General Hospital until she is cleared.
Conti said the NUPL is set to file a motion for contempt against Ellen Barrios, warden of the BJMP, Dr. Claveria and Jail Sr. Insp. Crisyrel Awe.
Genevieve Reyes, secretary general of Health Alliance for Democracy, said: “As a doctor, we are criticizing the BJMP doctor for ordering the hospital release of Rosal” as he has “no jurisdiction over the patient.”
Reyes said Claveria never examined Rosal or read her charts. At the time when Rosal was having labor contractions at the detention center, “when there was significant delay in her transfer to PGH to give birth, where was he?”
“Now he is saying that he can take care (of Rosal)?” Reyes added, “That is not right. His previous actions do not give him merit to such claims.”
Citing Section 13, 14 and 15 of the Ethics of the Medical Profession in the Philippines, Reyes said Claveria’s interference in Rosal’s case was unethical.
“Whenever the physician is compelled to make a social or business call on a patient under the professional care of another physician, he should not make inquiries or comments as to the etiology, diagnosis, treatment or prognosis of the case. The most that may be mentioned is the general physical condition of the patient or other topics foreign to the case,” Section 13 of the Ethics of the Medical Profession in the Philippines read.
Section 14 added that “a physician should not take charge of or prescribe for a patient already under the care of another physician, unless the case is one of emergency or the physician in attendance has relinquished the case, or the services of the attending physician has bee dispensed with.”
“A physician should never examine or treat a hospitalized patient of another without the latter’s knowledge and consent except in cases of emergency, but in the latter instance, the physician should not continue the treatment but return his patient to his attending physician after the emergency has passed,” Section 15 read.
Conti said they would file a complaint before the Professional Regulatory Commission for Claveria’s alleged unethical practice on Rosal’s case.
Conti said women lawyers have already expressed their concern over Rosal’s case and have volunteered to help her.
‘Double standards’
The NUPL said they were not given the opportunity to contest the motion to discharge Andrea from the hospital. The group added that her transfer also shows that there is double standard in the dispensation of justice in the country.
“Why is the government in a hurry to bring a mourning woman back to an inhumane detention center? But when the accused are rich and powerful they get to stay in fancy hospitals?” the NUPL said, referring to likes of Janet Napoles, former president Gloria Macapagal-Arroyo, Rolito Go, members of the military and even drug lords.
Gabriela Southern Tagalog said the Aquino government is a coward as it would only attack at night. “They are very much eager to strip Andrea of her rights.” 
