CA affirms revocation of Hayden Kho's license

by Ina Reformina, ABS-CBN News

Posted at Jul 04 2012 12:48 PM | Updated as of Jul 05 2012 11:07 AM

Hayden Kho. File Photo
MANILA, Philippines (2nd UPDATE) - The Court of Appeals (CA) has affirmed the revocation of the professional license of controversial personality Hayden Kho by the Professional Regulation Commission (PRC).

The appellate court's Eighth Division, in a 17-page decision penned by Asso. Justice Edwin Sorongon dated June 29, junked Kho's petition for the reversal of the Aug. 22, 2011 PRC decision in an administrative case against the former physician of the Belo Medical Group, Inc. (BMGI).

Kho was found guilty by the PRC on charges of immorality, dishonorable and/or unethical conduct affirming a decision rendered by the Board of Medicine dated Nov. 20, 2009 and Feb. 8, 2010 (denial of motion for reconsideration).

The administrative case was filed by movie and television actress Katrina Halili in 2009 following the circulation of a sex video between the parties. Halili claimed she did not give her consent for the recording of the intimate act.

The appellate court held that the PRC, "which has 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 revocation of license on Kho.

Citing the Basics of Philippine Medical Jurisprudence and Ethics, the appellate court said 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."

As to Kho's argument that the videotaping and circulation of the video did not warrant the revocation of his license "because it was concededly not done in relation to the practice of his medical profession," the court held that the disqualifying immoral conduct need not be directly connected with the practice of the profession.

"(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.

The appellate court stressed that the standard of morality expected of medical professionals is quite high since the State recognizes the fact that physicians should protect the health, safety and well-being of the public.

Halili availed of BMGI's liposuction services on Aug. 22, 2007. Kho performed the procedure on her. Halili claimed the recording of the subject video occurred within 2 weeks after the liposuction procedure. Halili claimed the doctor-patient relationship still existed then.