Escort in Villanueva

Description:The said Section of the Code should be read in conjunction with Section 3 of Article III of the same Code which, in part, states that "a physician shall assist the government in the administration of justice in accordance with law". With respect to the liability of Respondent LANSANGAN, the Committee observed that the former "failed to perform [his] functions, as the Superintendent of the [NBP], to diligently observe the conduct of the prison officers such as PIS Gabriel Magan, chief of the Escort Unit, and the prison guards of the said unit, and require faithful execution by them of their duties"; and that "these actions permitted inmate [CAMATA] to exit the prison compound under dubious circumstances and, while in the hospital, receive various unauthorized guests and make liberal use of his cellular phone". The Committee differed with Respondent LANSANGAN's claim that what took place was a "fortuitous event", which prevented him from complying with his obligation to provide the Secretary with notice of the emergency referral within the period required by the 10 April Memorandum necessitating that notice be given to the Secretary of Justice within forty-eight 48 hours. The Committee posited that "such a view is unacceptable and plainly contrary to his mandate under the BuCor Operating Manual to 'observe the conduct of the prison officers and guards and require faithful execution of their duties'. Anent the liability of Respondent MAGAN, the Committee found that "as Chief of the [NBP] Escort Unit, it [was his] responsibility to see to the proper training of the prison guards designated to [his] unit, and their strict observance of their escorting duties"; and "that despite the foregoing, serious lapses in procedure and protocol were revealed during the incident of inmate Camata's 28 May to 02 June referral to the Metropolitan Medical Hospital, including, but not limited to the failure to get the identities of the various visitors received by the inmate during the said period, their failure to inspect their belongings for any contraband or object which may be used to harm or rescue the inmate, and their failure to record the visits in their Mission Logbooks, inter alia". The Committee noted that "[Respondent MAGAN]'s issuances, which for some reason never reach the addressees, the briefings he gives during the Unit's periodic assemblies, his text message instructions to his escort personnel, and his reactionary issuances which lead to no concrete actions, clearly fall short of what is mandated of him as the Chief of the NBP Escort Unit.

Views: 6915 Date: 2018-12-20 Favorited: 62