CA Junks Hayden Kho’s Petition To Overturn License Revocation

4 July 2012

MANILA, Philippines - Controversial personality Hayden Kho, Jr. has had to deal with a definitive blow in his career as the Court of Appeals (CA) affirmed the revocation of his professional license by the Professional Regulation Commission (PRC).

In a 17-page resolution authored by Associate Justice Edwin Sorongon dated June 29, abs-cbnNEWS.com quoted on Wednesday that the appellate court's eighth division has scrapped Kho's appeal to reverse the PRC decision on Aug. 22, 2011 regarding his license, following the administrative case lodged against him.

The case against Kho was filed by Kapuso actress Katrina Halili in 2009 following the circulation of their sex video. Contrary to Kho's argument, Halili claimed that she did not consent to the recording of the same.

PRC then ruled that Kho was guilty of "immorality, dishonorable and/or unethical conduct," which affirmed the previous decision rendered by the Board of Medicine dated Nov. 20, 2009 and Feb. 8, 2010 (denial of motion for reconsideration).

In the CA decision that came out recently, the appellate court maintained that the PRC, as the organization with the power to suspend or revoke a certificate of registration and professional license of an erring professional, "rightly exercised its discretion" in imposing the severe penalty of the revocation of Kho's license.

Furthermore, the court underscored that the "standard of morality" expected of medical professionals, in particular, is especially high because the State recognizes that physicians should, ideally, be responsible in "protecting the health, safety and well-being of the public."

Citing the Basics of Philippine Medical Jurisprudence and Ethics, the appellate court said in the decision that "(t)he practice of medicine is not a natural right but a privilege bestowed by the State on those who show that they possess, and continue to possess, the qualifications required by the conferment of such privilege."

"(A) relation between the complained act constituting immorality or dishonorable conduct to the practice of medicine need not exist. It may pertain to life in general as there can be no dichotomy to separate a physician's existence into his professional and personal being," the decision read.