"The Board declares that Dr. Kho violated the right of privacy of Ms. Halili when he videotaped their most intimate moments without the express consent and knowledge of the complainant," reads the decision of the PRC Board of Medicine in revoking the license of Hayden Kho.

Photo: Noel Orsal

Ibinaba na ng Professional Regulation Commission (PRC) noong November 20 ang kanilang desisyon kaugnay ng reklamong isinampa ng aktres na si Katrina Halili laban sa cosmetic surgeon na si Hayden Kho. Nagdesisyon ang PRC na tanggalan ng lisensiya si Hayden.

Kung matatandaan, last May of this year nang maglabasan ang sex videos ni Hayden kasama ang iba't ibang babae, kabilang si Katrina. Ayon sa Kapuso talent, wala raw siyang alam na kinukunan pala ng video ang kanilang pagtatalik ni Hayden.

Simula noong May, naging masigasig si Katrina na ilaban ang paniniwala niya'y pag-abuso sa karapatan niya bilang tao at babae. Isa na nga rito ang inihain nilang complaint ng kanyang legal counsel na si Atty. Raymund Palad sa PRC upang ma-revoke ang license ni Hayden bilang doktor.

Ayon sa desisyon ng PRC Board of Medicine, napatunayan nilang guilty ng "Immorality; Dishonorable and/or Unethical Conduct" si Hayden. Dahil dito ay nire-revoke nila ang authority nito "to practice the Medical Profession."

Inutusan din ng PRC na isurender ni Hayden ang kanyang Certificate of Registration/Professional License and Identification Card sa Board "not later than ten (10) days from the finality of the decision and to desist from the practice of the medical profession, under pain of criminal prosecution."

Ipinaliwanag din ng PRC Board of Medicine ang kanilang desisyon sa mga sumusunod na isyu:

Issue Number 1: WHETHER OR NOT THE ACT OF VIDEOTAPING THE INTIMATE ACT BETWEEN DR. KHO AND MS. HALILI RELATES TO DR. KHO'S PRACTICE OF MEDICINE.

"The Board declares that the act of videotaping the intimate act between the complainant and respondent is not in any way related to the practice of medicine, to the operative procedure performed by respondent, and the subsequent post-operative care that may have been provided to the complainant. The videos are entirely detached from anything medical or surgical in nature. However, the person performing the act of videotaping happens to be a physician and it would be very difficult to disassociate the person from the act itself. As a physician, Dr. Kho is expected to act, behave and conduct himself as a professional in dealing with other people especially women."

Issue Number 2: WHETHER OR NOT DR. KHO'S ACT OF VIDEOTAPING THE INTIMATE ACT BETWEEN DR. KHO AND MS. HALILI WAS WITHOUT THE LATTER'S KNOWLEDGE AND CONSENT, AND THEREFORE CONSTITUTED INVASION OF PRIVACY.

"The Board declares that Dr. Kho violated the right of privacy of Ms. Halili when he videotaped their most intimate moments without the express consent and knowledge of the complainant. The Board gives credence to the statement of the complainant that she was never informed of the videotaping beforehand and she only got to learn of the existence of the sex videos when she viewed the tape. The respondent admitted having videotaped their intimate moments but that he only did it for his own exclusive viewing. However, he was negligent and careless in the custody and possession of the videotape, as proven by the ease with which the laptop computer containing the videos were taken from his own condominium unit, subsequently accessed by other persons. The videos were then released to the public and this constituted evidence of the invasion of the privacy of the complainant."

Issue Number 3: WHETHE OR NOT THE ACT OF VIDEOTAPING THE INTIMATE ACT BETWEEN DR. KHO AND MS. HALILI CONSTITUTES A GROSSLY IMMORAL AND DISHONORABLE ACT.

"The Board finds the act of videotaping the intimate acts between Dr. Kho and Ms. Halili as constituting a dishonorable act, especially considering that it was done by a member of the medical profession, and her own personal physician. Physicians are expected to show respect for women, and to uphold the honor and integrity of the medical profession in dealing with their patients. It was also noted that the actual videotaping occurred within two weeks after the liposuction procedure, during which time there was still a doctor-patient relationship existing between them."

Issue Number 4: WHETHER OR NOT THE ACT OF DR. KHO HAVING SEXUAL RELATIONSHIP WITH HIS PATIENT, MS. HALILI, CONSTITUTES UNPROFESSIONAL AND UNETHICAL CONDUCT.

"The Board maintains that the act of Dr. Kho having sexual relationship with his own patient constitutes unprofessional and unethical conduct on his part. This violated the oath taken by Dr. Kho that he will treat his patients with respect, and conduct himself with honor, dignity and integrity. Following up and checking on a patient in a hotel room after a surgical procedure is also a questionable practice, unless this is done because of an urgent and/or emergency situation, or when the patient is physically unable to return to the clinic. This violation of professional conduct is complicated by his admission that he used Ecstasy upon the prodding of the complainant in a number of instances. As s physician, he should have refused all offers for him to use the prohibited drug and should have even advised Ms. Halili against the use of prohibited drugs."

Bagama't nagbaba na ng desisyon ang PRC, maaari pa ring maghain ng apela si Hayden kung sakaling gugustuhin pa rin niyang lumaban. Pero sa ngayon ay revoked na ang lisensiya niya bilang doktor.