ILOILO – The heir of the land donor of the main building site of the San Joaquin Mother and Child Hospital in Barangay Purok 5 (Poblacion), San Joaquin town seeks to reclaim the nearly 1,900-square meter lot donated to the Western Visayas Medical Center (WVMC).
The San Joaquin Mother and Child Hospital served as an extension hospital of the WVMC before its operation and management were incorporated under the Hospital Management Office (HMO) of the Iloilo provincial government.
According to the local government unit (LGU) of San Joaquin, the lot donor was the late Joaquin Santacruz, father of one of the heirs, Vilma Santacruz-Getuya.
On May 4, the LGU reported that their personnel were barred from entering the main building by the Getuya family, and on May 6 the family, through their legal counsel Atty. Leo Monserate, sent a revocation of the deed of donation to Dr. Joseph Dean Nicolo, medical center chief II of WVMC, stating that their client (Vilma Getuya) wishes to revoke the deed because the building had been abandoned and was no longer in use after the hospital operations moved to an extension building in Barangay Baybay, about 500 meters away.
On May 18, cyclone wires were erected around the building, and a “no trespassing” tarp was posted at the front of the main building.
The LGU of San Joaquin sought assistance from the San Joaquin Municipal Police Station (MPS) through Police Captain Felix Perez on May 23.
Mayor Ninfa Garin wrote the San Joaquin MPS, stating: “I was informed that there was erected a ‘private property, no trespassing’ signage at the San Joaquin Municipal Hospital at Sitio Inawangan, Barangay Purok 5, this municipality. For me, it is not only a direct affront to the people of San Joaquin who are the primary beneficiaries of such an edifice but also an act of reneging on a deed that stipulated its use for public purposes, especially for public health.”
The letter lamented the “utter disregard for legal processes and procedure.”
The police, however, allegedly did not take action due to security concerns and alleged familiarity with the Getuya family.
Yesterday, 1st District’s Cong. Janette Garin, a medical doctor, decided to intervene. Along with some local officials, visited the hospital’s main building where they found Vilma Getuya holding the deed of donation dated February 2003.
The deed of donation, signed by Vilma Getuya, her husband Mario Getuya, and Dr. Jose Mari Fermin, former hospital director of WVMC, stipulated that the lot should revert to the donor if the building is no longer in use or abandoned.
The deed of donation reads: “That said property subject of donation is deemed necessary and essential for the construction of San Joaquin Mother and Child Hospital and shall be exclusively intended and utilized as an extension office/facility of the WVMC. Provided further that should said property be used for purposes other than that stipulated in the immediately preceding paragraph, the concurrence of the donor must first be explicitly secured in writing. Failure to do the same shall be grounds for the revocation of this deed of donation. Provided that in the future, the property shall no longer serve the purpose as foreseen, the same shall revert to the ownership of the donor.”
But Garin maintained that the main building is not abandoned as it houses an x-ray machine that is temporarily out of order and awaiting repair by WVMC personnel.
She also pointed out that if the Getuya family wishes to revoke the deed of donation, they should file a case in court; meanwhile, the hospital’s main building should continue its operations until a court decision is made.
Despite Vilma Getuya’s objections, the cyclone wire and the “no trespassing” signage were removed, and the main hospital entrance was opened for inspection.
According to Garin, although the hospital’s operations transferred to the extension building in Barangay Baybay since 2001, the main building in Barangay Purok 5 still functions as the site for x-ray services for patients.
Additionally, the Department of Health plans to renovate and repaint the main building with an allocated budget of P15 million, and is studying the possibility of establishing a “Bukas Center” similar to the Malasakit Center in the main building of the San Joaquin Mother and Child Hospital./PN
