Reply_Letter_for_Mr_Nartates_1_ATTYJESPERPAQUITOSHOW_CAUSE_COUNTERAFFIDAVIT.PDF

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CERTIFICATION
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MSA-001
28 December 2021
Mr. Arthur D. Nartates
19-1 Hunte St. Barangay Fairview
Quezon City
Cellphone No. 0970335599
Email address : mabubuhay2@gmail.com
Dear Mr. Nartates:
Greetings!
Thank you for your request under Executive Order No. 2 (s. 2016) on the Freedom of
Information (FOI) in the Executive Branch.
In your request, you asked for copies of the Show Cause Orders (SCOs) issued by the
Professional Regulatory Board of Medicine to Drs. Evelyn Victoria E. Reside, Anthony
Albert N. Abad, Cherlaine F. Ventenilla, Emmanuel Austin Banzon Jr., and Homar
Anthony Organo. In addition to this, you also asked for copies of their respective
answers or counter-affidavits. Likewise, you also asked for copies of investigation
reports and minutes of meeting.
Your FOI request is partly granted. Enclosed are copies of the SCOs and the
respective responses of the named doctors.
On the other hand, while our aim is to provide information whenever possible, we
regret to inform you that there are exemptions to the right of access to information.
Pursuant to Section 3.2 of the PRC FOI Manual, the investigation reports and the
minutes of the meetings that you requested are included in the list of exceptions. The
investigation reports and the minutes of the meeting contains privilege information
and are treated as confidential.
Thank you.
Very truly yours,
PRC Building Paredes St., Sampaloc
Manila, 1008 Philippines
www.prc.gov.ph Philippine International Convention Center
Sotto St., Pasay City, 1307 Philippines

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CERTIFICATION
INTERNATIONAL
is° 9001:7015
Accrodlod
GINS CorlIticollon Body
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MSA-001
ILkepublic of the Pliiiipptheo
Profecksionat Ikegulation Conunizssion
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PROFESSIONAL
IR
EGULATORY BOARD OF MEDICINE
September 17, 2020
EVELYN VICTORIA E. ESIDE
Quirino Memorial Medical Center
P. Tuason St. cor. J.P. Ri al St1,
Project 4, Quezon City
R : SHOW-CAUSE ORDER
Dear Dr. Reside:
This is in reference to the complaint of Mr. Arthur D. Nartates-regarding
your alleged medical malpractice and negligence at the Quirino Memorial
Medical Center (QMMC) which caused the premature death of Ms. Ma. Lanie
Fe Navasquez Nartates (victim) on 17 July 2019.
PRC Building Paredes St., Satnpaloe
It is specifically alleged that as Medical Chief II of QMMC, you failed to
exercise your supervisory functioris to address appropriately the medical
blunders committed iby Dr. Homar Anthony Organo, the principal attending
physician who, perfOrned a nose surgical biopsy operation to the victim.
Section 24 (5) and q2);of Republi-
, Act 2382 or the Medical Act of 197,50/ in
relation to the poWqr vested to th6 Board in Section 9(c) of Republic Act
PRG Modernization -Acts of 2000;
",
'provicle i
tpAorOprid frf
reprimand, susPenSibn or reVocatki,n'orr6
. 614ratiOn eettifrOt6;'ITO
"Section 24. Groun4 for reprimand, suspension or
revocation of registratioi? certificate. Any of the following
shall be sufficient ground fir reprimanding a physician, or for
suspending QugyolsiaqacejliL2ts of registration as physician:
QUIRINO MEMORGVk MEDICAL CENTER
Office of the edikal Center Chief II
Tel. No. 42 22 td
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61 loc. 70 2 / 13
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(5) Gross negligence, ignorance or incompetence in the practice
of his or her profession resulting in an injury to or death of
a patient;
(1.2) Violation of any provision of the Cede of Ethics as approved
by the Philippine MedVal Association. xxx"
Likewise, Section 1, Artile II (Duties of Physicians to their Patients) of the
Code of Ethics of the Phillippine Medical Association states that a physician
should be dedicated io provide competent medical care with full
professional skill in acCordanc(-
-] with the current standards of care,
compassion, independence and respect for human dignity.
In view of the foregoing, you are hereby directed to submit your
explanation/response, in writing and under oath, within fifteen (15) days
from receipt hereof why ho administrative case should be filed against you.
Failure to comply shall be considered a waiver thereof and the preliminary
investigation shall be completed based on available records.
For compliance.
•
CLARITA C. MAANO
Chairperson
Board of Medicine
2

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PROFESSIONAL REGULATORY BOARD OF MEDICINE
October 28, 2020
ANTHONY ALBERT N. ABAD
Unit 2, Exec. Townhouse
No. 9 Dahlia Street, West
Quezon City
RE: SHOW-CAUSE ORDER
Dear Dr. Abad:
This is in reference to the complaint of Mr. Arthur D. Nartates (Mr. Nartates)
regarding your alleged medical negligence and refusal to treat M. Ma. Lanie
Fe Navasquez Nartates at the Philippine 3ncology Center Corporation on 23
July 2018.
In his complaint, Mr. Nartates specifically alleged that:
"FOR refusal TO PROCEED, ;With .-.orlier laboratory test and
preparation", Scheduled, July 26, 2018 INTENSITY
MODULATED RADIATION THERAPY SESSION on the "RIGHT
SIDE LOWER JAWBONE", on patient Ma. Laniefe Nartates,
causing undue injury to patient NartJtes;
THAT, in this bad example after Dr. Abad, refusing to PROCEED
with the said scheduled and duly approved PHIL: IMSEL
PEREZ, 7/26/18 Radiation Therapy session on the tumor on
the right lower jawbone of patient 14artates, Dr. Abad failed to
caution Dr. Hamar Anthony C. Organo, being the attending
surgeon, to treat immediately, th,•., right side nose surgery
wounds on patient Nartates, to avoid future deterioration. S/P
BIOPSY VIA CALDWEL LUC. QMMC - Medical
Certificate attending Physician Dr. Homar Anthony C. Organo.
xxx (sic)
1

Section 24 (5) and (12) of Republic Act 2382 or the Medical Act of 1959, in
relation to the power vested to the Board in Section 9(c) of Republic Act 8981
or the PRC Modernization Act of 2000, provide for grounds for reprimand,
suspension or revocation of registration c‘_rtificate, to wit:
"Section 24. Grounds for reprimand, suspension or
revocation of registration certificate. Any of the following shall
be sufficient ground for reprimanding a physician, or for
suspending or revoking a certificate of registration as physician:
(5) Gross negligence, ignorance or i competence in the practice of
his or her profession resulting .n an injury to or death of a
patient;
(12) Violation of any provision of the Code of Ethics as approved
by the Philippine Medical Association. xxx"
Likewise, Section 1, Article II (Duties of Physicians to their Patients) of the
Code of Ethics of the Philippine Medical Association states that a physician
should be dedicated to provide competent medical care with full professional
skill in accordance with the current standards of care, compassion,
independence and respect for human dignity.
In view of the foregoing, you are kereby directed to . submit your
from receipt hereof why no administrative case should be filed against you.
For compliance.
ELEANO B. ORO
Ch irperson
Board of Medicine
PRB-MED/O-LS/SP-D
EBA/LT A R/BBrbf
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PROFESSIONAL REGULATOolY BOARD OF MEDICINE
September 17, ".-
"I'm
CHERLAINE F. VENTENILLA
28 Antonio Barrion Street, B.F.Homes
Quezon City
Dear Dr. Ventenilla:
This is in reference to the complaint " Mr. Arthur D. Nartates regarding
Medical Center (QMMC) which caused the premature death of Ms. Ma. Lanie
It is specifically alleged that you direjed the admission of the victim to
QMMC on 8 July 2018 and guided her to sign a blank/deceptive information
and on 10 July 2018, performed the NOSE SP BIOPSY INCISION CALDWELL
LUC which damaged the soft tissues of the nose, gums and lips of the victim
and hurriedly discharge her on 12 July 2018 but neglected to prescribe any
long tem antibiotic for her home nnedic.Ition.
Section 24 (5) and (12) of Republic Act 2382 or the Medical Act of 1959, in
relation to the power vested to the Board in Section 9(c) of Republic Act
8981 or the PRC Modernization Act of 2000, provide for grounds for
reprimand, suspension or revocation of registration certificate, to wit:
revocation of registration certificate. Any of the following
shall be sufficient ground for reprimanding a physician, or for
suspending or revoking a certificate of registration as physician:
PRC Building Paredes St., Sampaloc www.prc.gov.ph
Sotto St., Pasay City, 1.307 Philippines

(5) Gross negligence, igno; ance or incompetence in the practice
of his or her profession resulting in an injury to or death of
a patient;
Likewise, Section 1, Article II (D7,ities of Physicians to their Patients) of the
should be dedicated to provide competent medical care with full
professional skill in accordance: with the current standards of care,
For compliance.
CLARITA C. MAA6I0
Chairperson
Board of Medicine
PRR-NED/O-LS/SP-D
CCU /72A RIBEbbf
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2

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CERTIFICATION
INTERNATIONAL
ISO 9001:201S
Accredteol
ONS Cedtkalion Body
Accrodltotion No:
MSA-1:01
Republic r the Philippines(
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Profes(s(ional IceguIation Conunisq(ion
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PROFESSIONAL ATOM( BOARD OF MEDICINE
September 17, 2020
HOMAR ANTHONY C. ORGAN°
21-E Mabuhay Street, West Triangle
Quezon City
Dear Dr. Organo:
-T his is in reference to the comHaint of Mr. Arthur D. Nartates regarding
your alleged medical malpractic.::. and negligence at the Quirino Memorial
Medical Center which caused ti ,e premature death of Ms. Ma. Lanie Fe
Navasquez Nartates (victim) on 17 July 2019.
It is specifically alleged that you performed an erroneous nose surgical
biopsy operation, failed to appro.iriately diagnose and provide medical care
to the victim and even "admitteo" your responsibility when you whispered
" iTao lang kami hindi kami Diyos, nagkakamali din kami."
Section 24 (5) and (12) of Repuhlic Act 2382 or the Medical Act of 1959, in
relation to the power vested to die Board in Section 9(c) of Republic Act
8981 or the PRC Modernization Act of 2000, provide for grounds for
reprimand, suspension or revoc7 :ion of registration certificate, to wit:
revocation of registraLon certificate. Any of the following
suspending or revoking a -
,,ertificate of registration as physician:
PRC Building Paredes St., Sampaloc
ww.prc.gov.ph Philippine International Convention Center

(5) Gross negligence, ignorance .:wr incompetence in the practice
of his or her profession resu' ng in an injury to or death of
a patient;
by the Philippine Medical Assr,ciation. xxx"
Likewise, Section 1, Article II (Duties c Physicians to their Patients) of the
Code of Ethics of the Philippine Medic& Association states that a physician
should be dedicated to provide cmpetent medical care with full
professional skill in accordance with the current standards of care,
from receipt hereof why no administraU>e case should be filed against you.
For compliance.
CLARITA C. MAMCIO
Chairperson
Board of Medicine
PRB-MED/O-LS/SP-D
CCM/LS/Ar/BBFibbf
2

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CERTIFICATION
INTERNATIONAL
ISO 9001,2015
Accredited
ONS CerliticatIon Body
Accreditation No:
PASA-031
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PROFESSIONAL REGt _ATORY BOARD OF MEDICINE
September 17, 2020
EMMANUEL AUSTIN BANZON JR.
446 Dona Francisca Subdivision
Balanga City, Bataan
Dear Dr. Banzon:
This is in reference to the corn ilaint of Mr. Arthur D. Nartates regarding
Medical Center (QMMC) which c fused the premature death of Ms. Ma. Lanie
It is specifically alleged that you were part of the surgical team of the QMMC
that inappropriately diagnosed he victim and performed an erroneous nose
surgical biopsy testing which dcmaged the soft tissues of her nose, gums
and lips.
Section 24 (5) and (12) of Rept !blic Act 2382 or the Medical Act of 1959, in
relation to the power vested t( the Board in Section 9(c) of Republic Act
8981 or the PRC Modernizati, Act of 2000, provide for grounds for
reprimand, suspension or revoc -Aion of registration certificate, to wit:
"Section 24. Groff ids for reprimand, suspension or
revocation of registration certificate. Any of the following
suspending or revoking certificate of registration as physician:
PRC Building Paredes St., Sampaloc ov;3-.1..prc.gov.ph

(5) Gross negligence, ignorance or incompetence in the practice
of his or her professi.)n resulting in an injury to or death of
a patient;
Likewise, Section 1, Article II (Ludes of Physicians to their Patients) of the
should be dedicated to provide competent medical care with full
professional skill in accordance with the current standards of care,
In view of the foregoing, rvi are hereby directed to submit your
Failure to comply shall be cons _:2red a waiver thereof and the preliminary
For compliance.
CLARITA C. MAANO
Chairperson
Board of Medicine
PRB-MED/O-LS/SP-D
CCM/L115/ A --R/BqFy'bbf
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26 October 2020
CLARITA C. MAANO
Chairperson, Board of Medic ,1e
Professional Regulation Commission
Philippine International Convention
Center, Sotto St., Pasay City, 1307
Philippines
Dear Ms. Maalio:
!PROFESSIONALREGULATION
1E6AllDIVISION
I SIGNATURE: CC°
1 DATE / TIME: It _NANA
—Y7'1
7(7'17E1
0 5 .JAN /0/1
11.1 LY.j
This is in reference to the Show Cause Order dated 17 September
20201 relating to the alleged failure of the undersigned to exercise
supervisory functions to address appropriately the alleged medical
blunders purportedly committed by Dr. Homar Organo over the
course of the nose surgicl biopsy operation on the victim Ms. Ma.
Lanie Fe Navasquez-Nartates (hereafter "Lanie Fe" for brevity).
At the outset, I vehemently deny the baseless accusations of the
complainant Mr. Arthur D. Nartates. In particular, I vehemently deny
the accusation of neglect leveled against me consisting of the
following:
a) My alleged failure to coordinate with the QMMC Internal
Medicine Oncology Ward;
b) My failure to advice appropriately the attending QMMC IM
Oncology Ward attending physician Dr. Robe Ann V. Lopez; and
c) My failure to refer patient Lanie Fe to the QMMC Infectious
Disease Specialist to the QMMC Infectious Disease Specialist for
treatment of her worsening surgical soft tissues and nose
wounds, and
d) My neglect to visit personally patient Lanie Fe even once and to
properly treat the surgery wound; and that
All of the accusations t_ ,,ntemplated under the foregoing sub-
paragraphs shall be discussed jointly.
Per QMMC Out Patient Department (QMMC OPD) records and based
on the case report prepared by Dr. Deborah Ann L. Sales2, patient
Lanie Fe was first seen at tie ORL-HNS OPD Clinic last June 18, 2018. It
1 A copy of the Show Cause Order wa:. received on 9 October 2020.
2 A copy of the case report prepared by Dr. Deborah Ann L. Sales is hereto attached as Annex

was disclosed that about a month prior thereto, patient Lanie Fe had
sought consultation at East Avenue Medical Center where she was
prescribed with antibiotics for two (2) weeks for a right maxillary mass. A
CT Scan was requested by the service at East Avenue Medical Center
(EAMC) but the patient opted consult at our institution instead.
The patient's history was taken and she was likewise subjected to physical
examination upon her consultation at the QMMC-OPD. Thereafter, our
resident immediately requested for laboratory examination and CT Scan of
the paranasal sinuses (plain and contrast). The impression at that time was
a sinonasal mass to rule out malignancy. Patient Lanie Fe was then
prepared for Endoscopy with biopsy of the right maxillary mass on Friday,
June 23, 2018. Prior to the Endoscopy procedure however, patient Lanie
Fe sought consultation on June 22, 2018 again at the QMMC-OPD for left
ear pain, intermittent headache and nasal discharge. No CT Scan was done
at the time of consultation. Pain relievers and Vitamin B were prescribed
while awaiting for CT Scan and biopsy procedure.
Thereafter on July 02, 201:3, patient Lanie Fe came back for follow-up with
CT Scan results. No ear pain was noted but was still observed with nasal
discharge. Due to the extensive involvement of mass on CT Scan, Dr. Homar
Organo referred the case to an ORL-HNS consultant and the service opted
to proceed with biopsy of the maxillary mass at the Operating Room
through a gingivobuccal incision. Dr. Organo explained the procedure to
the husband and patient. The biopsy procedure was to obtain small
amount of samples for examination to determine whether it was malignant
or not. Patient Lanie Fe was also referred to Ophthalmology service for pre-
op evaluation for involvement of the eye. She was also prepared for the
procedure under general anesthesia.
On July 08, 2018, patient Lanie Fe was admitted at the QMMC. She then
underwent biopsy of the right maxillary mass via gingivobuccal approach
at the Operating Room under general anesthesia on July 10, 2018. She was
discharged on July 12, 2018.
Patient Lanie Fe's Histopathology result was initially read as
Nasopharyngeal Carcinoma. Upon further review of the slides, the
Pathology Department amended the final result to Undifferentiated
Carcinoma, Right Maxillary Sinus. Immunohistochemistry was further
requested for a more definitive classification. Patient Lanie Fe was then
referred to the Oncology Service for further management.
Subsequently on September 19, 2018, patient Lanie Fe was admitted for
chemotheraphy. She wa:, referred to the ORL-HNS service for co-
management and was seen by the residents on the same day with notes on
the order sheet. Patient Lanie Fe was prescribed 5-FU, Cisplatin and
Docetaxel. Chest CT Scan, Whole Abdomen CT Scan and Transvaginal
Ultrasound were also requ -fisted and done.

On October 20, 2018, patient Lanie Fe was again admitted at the QMMC for
the second chemotherapy cycle. She received Docetaxel, Cisplatin and 5-
FU. She was discharged on the 4th hospital day. Patient was also then
referred to her hospital of choice for Radiotherapy.
On November 16, 2018, patient Lanie Fe was again admitted for her 3rd
chemotherapy cycle. Three (3) units of packed red blood cells (RBC) were
transfused to correct the low hemoglobin. Patient Lanie Fe's relative
presented the final Immunohistochemistry result which revealed Diffuse
Large B-Cell Lymphoma. Based on the findings, the Oncology Service
shifted the chemotherapy protocol to RCHOP regimen. During her hospital
stay, patient Lanie Fe was also referred to the ORL-HNS service due to nasal
discharge and a palatal ulceration. Sodium Chloride Nasal Spray Solution
was prescribed as well as Chlorhexidine gargle. Gram stain and Culture and
Sensitivity tests conducted revealed no growth. Medications for the new
protocol were prescribed and patient was discharged and advised to
return once medications were secured.
As may be gleaned from the foregoing, the accusations levelled against me
are in direct contradiction to the procedures undertaken on patient Lanie
Fe. All of the procedures that patient Lanie Fe were subjected to were for
the purpose of gaining an expansive and comprehensive overview of her
medical condition so that a proper diagnosis and plan of treatment could
be implemented.
Specific to the accusation relative to the alleged illegal operation on patient
Lanie Fe's nasal area, it should be noted that the said operation was for the
purpose of obtaining tissue biopsy for diagnosis of Lymphoma or Maxillary
Mass on the Maxillary Sinus. The same is a widely accepted procedure
based on the National Comprehensive Cancer Network.
In fact, all of the procedures performed on patient Lanie Fe were in
accordance with well established guidelines relative to Maxillary Sinus
Tumors and Cancers, such as but not limited to the following:
a) National Comprehensive Cancer Network (NCCN) Guidelines
Maxillary Sinus Turn ors;3
b) NCCN Guidelines fo.- first and second-line treatment of diffused
large B-cell lymphoma;4
c) Diagnostic Algorithm: for Work Up of undifferentiated cancer on the
management of Maxiniary Cancer;5
Further, it should be. noted that my supervisory functions cover the
various departments with;q QMMC. Those departments include the OPD,
ORL-HNS, OR, Pathology, Oncology Service, among others. It bears
" A copy is hereto attached as Anne,. "2".
4 A copy is hereto attached as Annex "3".
5 A copy is hereto attached as Annex "4".

emphasis to note that since my functions are primarily supervisory in
nature and due to the glaring fact that I am likewise responsible for the
management of the entire QMMC and more importantly, since I was not the
attending physician on patient Lanie Fe, I could not possibly devote all of
my time and attention on the said patient alone. I always had full trust,
faith and confidence in the competence of all of QMMC's medical doctors,
staff, and personnel and I am confident that all steps were diligently
exerted to provide patient Lanie Fe the best possible treatment for her
condition.
It has been long established in medical legal jurisprudence that, a
physician has no fixed rule to follow. If he has the necessary qualifications,
he needs only such degree of skill and ordinary learning as circumstance
may require, using the care and diligence as the best of his judgment would
dictate, and as the particular circumstance or circumstances may require.6
It is also well established that, "a physician is not an insurer of the good
result of treatment. The mere fact that the patient does not get well or that
a bad result occurs does not in itself indicate failure to exercise due care.
The courts are well aware that patients do not recover or improve for a
variety of reasons unconnected with the quality of care which the patients
have received. Some patients cannot be helped by the finest medical
treatment available."7 Such are applicable to the case of patient Lanie Fe
who despite all diligent efforts to diagnose, manage, and treat her, still
succumbed unfortunately to her disease.
While I commiserate with the family of patient Lanie Fe over the
eventual demise of the latter, I respectfully submit that the accusations
have no basis at all. In fact, subsequent to the confinement of patient Lanie
Fe at QMMC, patient Lanie Fe's relatives were profuse in their appreciation
and gratitude for the treatment the former received while she was in
QMMC. I firmly believe that such appreciation and gratitude were not
empty statements as her rel atives, specifically the complainant himself,
expressed the same through email. Copies of such letters are hereto
attached as Annexes "5,6,7,8,9,10".
In sum, the undersigned very respectfully prays for the dismissal of
the complaint levelled against me and also against the other medical
professionals contemplated i-i the complaint. The complaint is devoid of
merit and is nothing but a b • lated attempt to harass the undersigned for
the complainant's own ulter ,r motives.
Respectfully submitted, 26 October 2020.
Very truly yours,
Erivk4f2 0 , D, , CCP, MAS
MedicdCenter Chief II
6 70 C.J. S. 497; 41 Am. Jur. 201-202 cited in Abaya, et. Al. vs. Favis, 3 C.A. Rep. 450
7 Cited in Medical jurisprudence by Dr. Pedro Solis, 1987 ed., p. 229-230

CJ '
SUBSCRIBED AND SWORN to before me a Notary Public o
QUEZON C
i City
this 26 October 2020, the affiant exhibiting to me as competent evidence
of identity her Professional Regulation Commission Identification Card
(PRC ID No. 0084052) set to expire on
NOTARY PUBLIC
Doc. No. 9?Cli
Page No. 00
Book No. -7
Series of 2020
Copy furnished:
Professional Regulation Commission
Professional Regulatory Board of Medicine
PRC Building Paredes St., Sampaloc,
ARTHUR D. NARTATES
#55 Camaro St., Barangay Fairview,
Quezon City, Metro Manila
ATTY, APTU4p:, 'eFGONON
NOTAR'i PUbLIC
I
/EMBER
EMBER 31, 2021
396 P. TIJAZO/ D RO,JECT 4, Q.C.
ATTOR LL NO.19067
IBP NO, 09936w MD 2020. 12/16119, 0.0
PTR NO, 767, 03105120, Q.C.
APLIANCE NO. V-0011370
COMBS( N NO. NP-132 (2020-2021)

REPUBLIC OF THE PHILIPPINE
CHERLAINE F. VENTENILLA, married, of legal age, Filipino, and with
office address at Quirino Memorial Med:cal. Center — J.P. Rizal, Project 4, Quezon
City, after having been duly sworn in iAccordance with law, hereby depose and
say that:
1. I am a duly registered and licensed physician, working presently as
a Third (3rd) Year Resident Doctor under the Otorhinolaryngology, Head and
Neck Surgery Department of Quirino Memorial Medical Center (QMMC).
2. On 09 October 2020, I received a Show-Cause Order dated 17
September 2020 from the Professional Regulatory Board of Medicine (PRBM),
directing me to submit a written explanation under oath stating why no
administrative case should be filed against me in relation to a complaint filed by
Arthur D. Nartates and/or other members of his family, which purportedly
accused me of medical malpractice and negligence that allegedly led to the
premature death of Ms. Ma. Lanie Fe Navasquez Nartates (Ms. Nartates).
3. In compliance with the said directive, I hereby state the following:
i. At the onset, it should be pointed out that the complainant already
filed an administrative case involving the same accusations and
causes of action before the Department of Health. Similarly, a
complaint dated 05 October 2019 was filed before the Office of the
Ombudsman which involves essentially the same parties, the same
subject matter and the same causes of action as with the DOH case
and the present complaint.
ii. The complainants' act of successively filing cases in different
venues clearly constitute willful and deliberate forum shopping.
Notably, in the cases they filed, complainants consistently pray to
be awarded an absurd amount of damages. Needless to say, these
cases, including the present complaint, smacks of malice, pure
harassment and extortion. For this reason alone, it is proper for this
Honorable Office to deny due course and dismiss the instant
complaint outright.

iii. At any rate, records of the incident will show that the allegations in
the complaint are mere sp (illations and erroneous conclusions of
fact unsupported by evid. nce. Hence, even before having the
opportunity to examine the complaint and the documents attached
therein, if any, I categorkally deny outright the accusations of
medical malpractice and negligence made against me.
iv. There is substantial evidence on record indicating that during the
time material to the case, the team of doctors that handled the case
of Ms. Nartates, including myself, observed the standard of
diligence and care required in the performance of our duties, and
nothing within the scope thereof proximately caused the alleged
premature death of Ms. Nartates.
v. At this point, it cannot bL over emphasized that at the time Ms.
Nartates was admitted at QMMC, I was only a first-year resident.
As such, practically all my actions were strictly under the direction
and supervision of my seniors and/or the consultant/head
consultant, as with this particular case. Suffice it to say, none of my
actions may have possibly been the proximate cause of the alleged
premature death of Ms. Nariates.
vi. At any rate, as I have mentioned earlier, indisputable evidence will
directly contradict the allegations in the complaint. To be precise,
records will show that: (1) the admission of Ms. Nartates on 08 July
2018 was properly made and duly documented; (2) the Consent
Form for admission and operation that Ms. Nartates was asked to
fill out contained the necessary details and was neither blank nor
deceptive; (3) the Biopsy, contrary to the allegation that it was
erroneously performed, was actually required under the
circumstances in accordance with duly established standard
operating procedures, and was in fact even directed by the head
consultant; (4) typical hospital protocols were observed in the
discharge of Ms. Nartates on 12 July 2018 and was not made
hastily; and (5) long term antibiotic for continued medication was
duly prescribed prior to her discharge.
4. Let it not be mistaken for cold indifference, as we, the doctors at
QMMC, are likewise disheartened by the demise of our previous patient and join
the family in grievance for the loss. However, tragic as it may be, the death of
Ms. Nartates does not give her surviving heirs the right to unfairly impute blame
on the doctors who attended to her, nor should it be used as a tool for extortion.

5. All the foregoing leads i.o the inescapable conclusion that the
instant complaint is merely guised s a legitimate case of suspension or
revocation of license, but in reality, it is a suit for damages which falls squarely
under the jurisdiction of the courts of kw. Apparently, the claim for damages is
the essence while the allegations of malpractice and negligence came only as an
afterthought.
6. As a proud member of the medical profession, I pray that the
Professional Regulatory Board of Medicine do not allow the complainant to
make a mockery out of this Honorable Office's system by instituting this
frivolous administrative suit in an obvious attempt to avoid paying docket fees
in a court of justice, and in the process, besmirching the reputation of all doctors
involved.
7. Truth be told, I am seriously aggrieved that not only my young
career which I tirelessly built with years of sweat, blood and tears, but also my
family's future is being threatened by this baseless complaint. The incident
subject of this case, which I virtually had no hand in, had already caused me
severe anxiety and sleepless nights. Thus, to put a stop to this lasting harassment,
I implore upon this Honorable Office to dismiss the instant complaint.
Further affiant sayeth naught.
IN WITN
day of O'c
,
„a.
'
OriEREOF, I have hereunto affixed my signature this
, 2020 in the City of Pasig.
Affiant
SUBSCRIBED AND SWORN to before me this day of
2020 in the City of Pasig, the affiant exhibiting her issued
by on valid until
Not blic
Doc No. qa ;
ATTY. JOSE- P (1 P. CRI$OLOGO
Page No. NOTARY PUBLIC
Book No. ; ADM. WITTER No. NP-023 (2020-2021)
Series of 2020. PTP. No, 270054/JAN, 02, 2020/ Q, C.
MCLE CIS.9f..1,6,NC:.[‘la.,11-0009072
LIFFINE NJ. I_P'1.-.3RCVQ.C.
/-!°462
TIN ijo. 111-9,9-403
ADD: 5 GIEN DE JESUS ST., IIEROCEEILLS

• NT,/
65311
-ill-
AFFIDM:
.- ....
'PR N
OFESSIOAI. .7SE.C:
lt,
II
SIGNATURE:
DATE / TIME:
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA, PHILIPPINES ) S.S.
******************************#*
(-71 fee(1
---Ir n f
ri LI I Pi tr- 11 LLI.
1
I, HOMAR ANTHONY C. ORGANO, Filipino, of i2gal age, and with residential kddress at 21-E
Ma buhay Street, West Triangle, Quezon City, after having been duly sworn in accordance with 631, tvitlbv,i-erl
depose and say that: en WI/
1. I am a duly registered and licensed physician, with Professional Regulation Commission`-PRO)—
:41"-
- 1' I%I
license ID No. 125807, issued by the Professional Regulation Commission on September
2013. Hornar
2. On 09 October 2020, I received a Show-Cause Order dated 17 September 2020 frorr Orqano
Professional Regulatory Board of Medicir:.. (PRBM), directing me to submit a wr
explanation under oath stating why no adrnnistrative case should be filed against me, in
relation to a complaint filed by Arthur D. Nartates and/or other members of his family,
whereby I am accused of alleged medical malpractice and negligence relative to the
premature death of Ms. Ma. Lanie Fe Navasquez Nartates (Ms. Nartates) at the Quirino
Memorial Medical Center (QMMC).
3. Doctors are encouraged to maintain a degree of emotional impartiality in the practice of our
professions, so as to be as objective as possible in the diagnosis and treatment of our patients.
Nonetheless, no doctor can say that he or sl.n does not feel a sense of loss when a patient is
beyond medical treatment and that, despite the best efforts of a team of doctors, the
inevitable can no longer be put off, and a patient succumbs to a particular disease.
4. While I commiserate with the Nartates and Pavasquez families for Ms. Nartates' passing, this
complaint is, unfortunately, yet another attempt by Mr. Nartates to besmirch the good names
and reputations of the doctors who tried hard to alleviate his wife's suffering, and to make
the waning months of her life as comfortable as possible. The complaint, which as the records
of the QMMC will show is completely baseless and unjustified, is one of a series filed by Mr.
Nartetes with different regulatory bodies in what I can only describe as an indiscriminate
attempt at forum-shopping, a "scatter-gun" approach through which he hopes to find a means
to financially benefit from the death of his wife.
5. Be that as it may, in the interest of truth and fairness, I would like to address the specific
issues brought against me, so as to provide a clearer picture of the case of Ms. Nartates.
5.1. That an erroneous Caldwell-Luc biopsy procedure was performed on Ms. Nartates
5.1.1. When Ms. Nartates was first admitted to the QMMC in July 2018, there was
already evidence of a growth in her maxillary area. In line with standard
operating procedure in the case of any growths, a biopsy must be performed
to obtain tissue samples that .
,
:an be subjected to the appropriate laboratory
tests, primarily to determine degree of malignancy of the growth, and the
type of cancer that is to be treated.
5.1.2. As such, a tissue biopsy called the Caldwell-Luc procedure — the appropriate
biopsy procedure under well-elablished protocols, given the placement of the
growth in Ms. Nartates' maxillary area — was performed, upon the directive of
the head consultant.
5.1.3. Biopsies are among the least invasive of medical procedures, are not intended
to serve as treatments, and do not address any medical situation. There is, as
such, no possibility that a biopsy is "erroneous".

5.1.4. Virtually all biopsies: are performed on an out-patient basis. This means that
they are not critical procedures that would require a prolonged hospital
confinement, and that any wounds resulting from a biopsy will heal with little
to no intervention. Indeed, Ms. Nartates went on to recover from the small
incision made during the biopsy, and was even able to undergo chemotherapy.
5.2. That I did not "appropriately diagnose" Ms. Nartates, nor provide her with medical care
5.2.1. As I was a resident cl 1- the time of Ms. Nartates' admittance into the QMMC in
July 2018, / was not - - as is the case with all residents — authorized to make any
diagnoses of her condition. Indeed, for a case as complex and as serious as that
of Ms. Nartates, a team of doctors, led by an oncologist, is called on to address
her illness.
5.2.2. Residents, in accordance with accepted medical practices, are limited to
monitoring the day-to-day condition of a patient — which they must then report
to the head consonant for a particular case — and to address simple medical
issues that do not require specialized knowledge in a particular field of
medicine. Even in such incidents, however, a resident must inform the head
consultant assigned to a particular patient of any action that he would like to
take, and obtain the consultant's approval and authorization for such action.
Indeed, residents have no authorization — under any circumstances — to make
unilateral decisions at any time in the course of the treatment of a patient.
5.2.3. As I have stated earlier, since I was, at the time, a resident assigned to the
Otorhinolaryngologist Head and Neck Surgery Department of the QMMC, I was
part of the team that worked on the case of Ms. Nartates, until 1 graduated
from the QMMC's residents' program in December 2018 and left the institution.
Mindful of my responsibilities as a resident, I made certain — as I do with all
cases to which I am assigned, as part of a team — to closely observe all the
protocols for the particular illness that Ms. Natates was afflicted with. In this
regard, and in light of the specific responsibilities of residents in general, it was
therefore impossibie for me to not "appropriately diagnose" Ms. Nartates or to
fail to provide her with medical care.
5.3. That I allegedly "admitted" ray "responsibility" when I uttered the words "tao lang kami
hindi kami Diyos, nagkakarte.li din kami."
5.3.1. I am categorically denying, in the strongest possible terms, that I said such
words to Mr. Nartates or any of Ms. Nartates' relatives and kin, and I am also
categorically denyi„, that I admitted any responsibility for Ms. Nartates'
demise.
5.3.2. Medicine is an exac -.cience. Because the stakes are very high — the life of a
person — treatment' follow a very strict set of protocols that are themselves
based on the results of careful laboratory testing and the stringent monitoring
of the effects of me-iicines administered to patients. Only in the rarest cases —
such as those of illi.3sses caused by unknown bacteria or viruses — do doctors
resort to "trial and error". In virtually all cases, however, the depth and breadth
of medical knowledge is such that there are established protocols for the
treatment of virtua"y every illness known to mankind.
5.3.3. In Ms. Nartates ca5 -, the team of doctors assigned to her — myself included —
followed all the prom ;cols for her illness, and provided her with the best possible
medical care. In he.- 'etter to the Ombudsman dated 5 March 2020, Dr. Evelyn
Victoria E. Reside, , edical Center Chief II of the QMMC, disclosed that Ms.
Nartates' treatmei as well as other details, were, in fact, to have been
Page 2 of 3

Doc No. 7 (/
Series of 2020. 4)
71
-
5
1
Page No.
Book No.
discussed with her family in a conference at the QMMC originally scheduled for
19 June 2019, as it s the policy of the QMMC to keep a patient's next-of-kin
fully informed of a patient's condition, and the treatments that will be
administered to him or her. On 14 June 2019, however, the QMMC received a
call from Ms. Nartates' father, cancelling the conference.
5.3.4. Nonetheless, on 11 lune 2019, the QMMC again received a call from Ms.
Nartates' father, who requested for a family conference, but did not specify a
particular date. The family ultimately never suggested a date for when the
conference could be held, despite the QMMC's reiteration on 19 June 2019 of
the need for a family conference. A copy of Dr. Reside's letter, which also
provides more infocmation about Ms. Nartates' treatment, is attached
herewith as Annex "A".
5.3.5. There is, as such, no reason for me, or for anyone, to "admit" any
"responsibility" or to say that mistakes were made.
6. The unfortunate truth is that Ms. Nartates suffered from lymphoma, a form of cancer that is
particularly aggressive and has a high mortality rate. While chemotherapy may serve to
prolong a patient's life by several months, there is ultimately no treatment that will prevent
the inevitable. Ms. Nartates was afforded the best possible treatment for her illness during
her confinement at QMMC. Unfortunately, medical science can only do so much for a patient,
a harsh but inescapable reality that mankind continues to face to this very day, but for which
no doctor should be held responsible.
7. It is this regard that Mr. Nartates' lamentable efforts at forum-shopping are tantamount to
harassment, and are apparently ar, attempt not only to prevent the concerned doctors from
effectively practising their profession, but also to compel them to pay him an exorbitant
amount of money. It is sad enough that Ms. Nartates suffered from an illness that resulted in
her early demise and orphaned hqr children of their mother. It would be a tragedy and a
gross miscarriage of justice if her death were to be exploited to satisfy Mr. Nartates' desire
for financial gain, and to damage the careers of the very people who tried to ease — to the
best that they possibly could — her suffering as her life reached its conclusion.
8. I pray, therefore, that the Board may take into account the aforementioned considerations,
and that the complaint against me may be dismissed for lack of factual and legal bases.
Further affiant sayeth naught.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 21' day of October, 2020 in City
of Manila, Philippines.
HOMAR ANTHONY C. ORGANO, M.D.
Affiant
SUBSCRIBED AND SWORN to before me this ZLOOFy ctober, 2020, in Quezon City, the
affiant exhibiting his PRC License No. 1258Cf, issued by the Pro essional Regulation Commission on
September 3, 2013, valid until June 17, 2022.
ATTY. YOL
ITIPPL
•taryfubRec
Until December 31, 2026
PTA No. 9131931
!swot at Merolla 1440
TIN 137-919-011
RCLIF. ClitapHiTrve Nat, PPIV#00.
1
11i.
Page 3 of 3

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