False entries in death certificates
Four years after the bloody war on drugs launched by then President Rodrigo Duterte had ended, there are reports that some doctors may have helped cover up the violent death of some of its victims.
Last week, Dr. Raquel Fortun, the country’s leading forensic pathologist and member of the Philippine Truth Commission (a civilian-led body organized in May this year to investigate and document extrajudicial killings and human rights violations during the Duterte administration), called on the Philippine Medical Association (PMA) and the Professional Regulatory Commission (PRC) to investigate at least five doctors who allegedly gave false certifications on the cause of death of those victims.
The said doctors, one of whom passed away already, wrote in the death certificates that the victims died of various illnesses or natural causes despite the fact that, based on their physical condition at the time of their death, they were gunned down or killed.
As a result of the “miscertification” of the cause of death, a plausible excuse or reason was provided for the people responsible for their demise not to be questioned or investigated about the circumstances behind the use of violent force against the victims.
Relevant to this issue is a provision in the Code of Ethics of the PMA that states “a physician shall assist the government in the administration of justice in accordance with law.”
Fortun’s call on the PMA and PRC to investigate her fellow members in the medical profession is a rarity in our country. We can count on our fingers the doctors who had called out their colleagues for acts that violate the Hippocratic Oath they took before they were given the license to engage in their profession.
This explains why pursuing a malpractice suit in the country is like pulling hen’s teeth because so-called “professional courtesy” discourages physicians from testifying against another colleague in white in that action.
Aside from ethical considerations, putting the wrong information in the death certificate partakes, at the very least, of the crime of falsification of a private document that carries a heavy penalty.
In case the PMA or PRC decides to look into the matter, the doctors concerned may, invoking their professional judgment, stand pat on their declaration that the victims died of causes other than gunshot wounds or other forms of physical trauma.
That line of defense would have to overcome the forensic findings of Fortun whose expertise in that field is beyond question. Cross-examining her on her findings is going to be tricky and lawyers tread carefully when dealing with expert witnesses.
If that approach would be unavailing, the doctors may deny that they signed the death certificates or that their signatures were forged, a claim that can be easily verified with the handwriting experts of the National Bureau of Investigation (NBI).
The testimony of the NBI agents would most likely be given stronger probative value by the PMA or PRC because they have no interest, direct or indirect, in the case, and most importantly, they enjoy the presumption of regularity or good faith in the performance of their official functions.
Finally, the doctors could admit that they did not state the true cause of death and signed the death certificate knowing the falsity of its contents because they acted under duress or were intimidated by the police (or by their office superior) into doing that.
In other words, they had no choice but do as instructed lest they earn the ire of whoever asked them to sign the death certificate or lose their job in the government office where they are employed.
They can say they were caught between the devil and the deep blue sea in that situation. It’s a predicament that many government officials and employees can relate to in the performance of their official functions.
Given those circumstances, they can (logically) argue that the death certificate was not their own free and voluntary act and therefore they should not be held responsible for all penal consequences that may arise from its wrongful preparation and submission.
Fortun has issued a challenge to the PMA and PRC that cannot be ignored or set aside by invoking some technicality that would justify that action. The integrity of some members of the medical profession has been questioned and it behooves the PMA, in particular, to act on Fortun’s call for investigation.
Over and above those considerations, for the peace of mind and consolation of the bereaved relatives of the victims of Duterte’s violent war on drugs, they deserve to have the truth about the cause of death of their loved ones be officially recorded in their death certificates and not disguised.
Giving the victims, the majority of whom belong to the D and E sectors of our society, the dignity of death they are entitled to is not too much to ask from the government.
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