CA rejects plea of PMA hazing victim’s kin
The Court of Appeals (CA) has denied the petition of Dexter Dormitorio seeking to hold the Philippine Military Academy (PMA) and several medical officers administratively liable for allegedly failing to prevent the abuse and properly treat the injuries that his brother, slain Cadet 4th Class Darwin Dormitorio, sustained from hazing.
In a decision dated Nov. 27, the CA’s 14th Division rejected Dormitorio’s petition and upheld the Office of the Ombudsman’s dismissal of administrative charges against four PMA physicians—Capt. Flor Apple Apostol, Maj. Maria Ofelia Beloy, Lt. Col. Caesar Candelaria, and Capt. Allain Saa—as well as PMA officers Lt. Gen. Ronnie Evangelista and Lt. Gen. Bartolome Vicente Bacarro.
The ruling, penned by Associate Justice Emilio Legaspi III, stated that the Ombudsman did not commit grave abuse of discretion when it dismissed the case, noting that a separate administrative complaint against the doctors remains pending before the Professional Regulation Commission’s (PRC) Board of Medicine.
The court also found the dismissal of the case against Evangelista proper, as he retired in 2020 and can no longer be subjected to administrative investigation.
Abused by upperclassmen
The CA further held that the Ombudsman did not commit grave abuse of discretion in clearing Bacarro, who had resigned from his post at the height of the controversy, after finding that he exercised oversight and “took timely measures in response to the incidents” involving Dormitorio.
Darwin Dormitorio died on Sept. 18, 2019, allegedly due to severe hazing inflicted by his upperclassmen.
In 2024, a Baguio court convicted three former PMA cadets for Dormitorio’s hazing death.
Court records show that the first documented instance of maltreatment appeared in a journal entry dated Aug. 11, 2019.
In a written explanation, the cadet recounted being forced to perform exercises—“knuckles out, bridge under bunks and pumping exercises.”
“I fell from the bridge under bunks many times and hit the floor many times. Cadet Lumbag was very angry and made me raise my arm up high and punched me in the body in the rib part,” Dormitorio wrote.
In his petition, Dexter Dormitorio alleged that the four PMA physicians “neglected their duty to prevent hazing and failed to exercise proper care in diagnosing and addressing” his brother’s injuries, claiming their actions constituted grave misconduct and negligence.
Before his death, the cadet repeatedly sought medical assistance at the PMA Station Hospital, starting Aug. 19, 2019, when Saa diagnosed him with multiple soft tissue hematoma and partial thickness burns.
Saa and Apostol ordered his admission and acted as attending physicians.
Although tests such as a complete blood count and creatinine were requested, a urinalysis was allegedly never performed.
According to the petitioner, no referrals for x-rays, ultrasounds, or other examinations were made despite visible injuries and persistent symptoms.
Cadet welfare
Beloy, to whom Dormitorio was referred, allegedly failed to act, while Candelaria, as hospital commanding officer, was accused of “neglecting his supervisory duties over the medical staff and the care of Dormitorio.”
As for the PMA officers, Dormitorio accused them of grave misconduct and gross negligence for, among other things, failing to appoint an acting tactical officer responsible for cadet welfare, including academic monitoring, health checks, and communication with families.
The physicians denied gross negligence, presenting the testimony of the medicolegal officer who conducted the autopsy. It indicated that the physicians were not negligent and that the clinical observations did not suggest physical maltreatment.
Bacarro denied negligence, saying he immediately ordered an investigation upon receiving the report on Dormitorio’s condition.
Evangelista argued that protocols and due process had been followed, denied knowledge of any hazing, and rejected command responsibility.
The Ombudsman in 2022 found senior tactical officer Major Rex Bolo and Capt. Jeffry Batistiana guilty of simple neglect of duty for failing to take immediate preventive and remedial actions to protect Dormitorio from further maltreatment.
But the charges against the four physicians were dismissed without prejudice, pending the outcome of a related case before the PRC.
The charges against Evangelista were dismissed for lack of jurisdiction, while the case against Bacarro was dismissed due to insufficient evidence, prompting Dexter Dormitorio to file a petition with the appellate court asking to review the Ombudsman’s ruling.
In rejecting his plea, the CA cited Section 20 of Republic Act No. 6770, which allows the Ombudsman to decline an investigation if the complainant has an adequate remedy before another court or quasi-judicial body.
“In this case, the Ombudsman did not abuse its discretion in deferring to the PRC Board of Medicine to determine whether the respondent physicians committed acts or omissions constituting negligence, malpractice, or violations of the Code of Ethics of the Medical Profession,” the CA said. —WITH A REPORT FROM INQUIRER RESEARCH
