MANILA, Philippines - The Court of Appeals (CA) has upheld the suspension of a dentist over a malpractice case in 2008.
In a decision, the CA’s Special 11th Division affirmed the May 2012 ruling of the Dentistry Board of the Professional Regulation Commission (PRC) suspending Noel Velasco from practice.
The CA dismissed Velasco’s petition assailing the PRC board order.
“Petitioner should have appealed the decision of the Board of the PRC, and not to this Court,” read the ruling penned by Associate Justice Victoria Isabel Paredes.
The CA also ruled on the merits of the case, saying the PRC ruling “deserve full respect, being supported by substantial evidence.”
Associate Justices Isaias Dicdican and Socorro Inting concurred in this ruling.
The case stemmed from the complaint filed by a certain Norylyn Nibre in March 2009 alleging that Velasco advertised himself as a dental implantologist and oral surgeon though fliers and by radio station commercials.
On March 19, 2008, Nibre tapped Velasco for an apicoectomy and a bone-filling procedure and agreed to pay P732,000. She paid P100,000 in cash and had to pay the balance in post-dated checks.
But after the procedures, Nibre experienced sharp and intense pain in all her teeth that lasted for about a month. She also suffered from pain and swelling after being subjected to a bone-filling procedure, prompting her to demand a refund
When Velasco refused her demand, she eventually filed her complaint with the PRC.
The PRC board found Velasco guilty of being incompetent to practice as an oral surgeon and dental implantologist since the institutions that conferred his certificates of specialization were not recognized by the board.
He was also found guilty of dishonorable conduct and suspended from practicing his profession for six months.
Rather than file a motion for reconsideration, Velasco opted to immediately bring the case to the CA.