The person with HIV went to a major dental clinic on Feb. 16, 2017, to seek treatment for the pain in his left molar tooth. However, given his condition, he was advised to first seek clearance from his attending physician at the San Lazaro Hospital.
The patient asked why did they ask him to get a clearance if the clinic, which claims on its website to have advanced dental equipment, knew all along that it could not perform the procedure due to a lack of equipment?
The case was then raffled off to the Taguig Metropolitan Trial Court. However, it dismissed the case saying that the prosecutors “failed to properly discharge its burden establishing the guilt of the accused beyond a reasonable doubt.” Both the OSG and the PAO said the Court of Appeals committed a “reversible error” when it failed to recognize the Taguig MeTC’s abuse of discretion in dismissing the discrimination case against the doctors.
“The purported lack of UV light sterilization was a mere front to cover up respondents’ refusal and denial to give dental service,” read the petition.“The truth of falsity of [the doctor’s] claim that they were merely motivated by prudence can be best ventilated during the presentation of the defense’s evidence, where the prosecution may cross-examine the defense witnesses, and the Presiding Judge may observe the latter’s demeanor,” it added.
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