Ex-SC spokesman clarifies role in surgeon’s conviction

MANILA, Philippines — Former Supreme Court (SC) spokesman Theodore Te yesterday clarified that while he initially worked on the case of orthopedic surgeon Dr. Benigno Agbayani Jr., he was not the one who saw it through to the end.

In a text message sent to The STAR, Te said he was not the lawyer who handled the case during trial.

“I worked on (Agbayani’s) case at the start but had to refer it to my former law partners when I left for master’s and later when I joined the SC,” he said.

Agbayani’s relative earlier told The STAR that the doctor’s former lawyer was Te. However, Te said that information is what the doctor’s family and supporters would know “because the case records are with them.”

Te took issue with being named as Agbayani’s previous lawyer, saying it was “implied I was responsible and negligent.”

“Many of my friends asked me because that was precisely how they read it. So that needs to be addressed by an apology at the very least for the implication. There’s a big difference between initially being the lawyer and being the lawyer who handled the case when it ended,” he said.

On May 25, Agbayani was arrested and sent to the Manila City Jail, where the 58-year-old doctor died of a heart attack on Oct. 5.

His conviction stems from a 2006 case filed by lawyer Saul Hofileña Jr., who complained that the tool Agbayani used during surgery on his knee was unsterilized, resulting in an infection. Hofileña recovered from the surgery, court records showed.

Court records

Based on a copy of the decision of the Metropolitan Trial Court (MeTC) Branch 31 obtained by The STAR, which found Agbayani guilty beyond reasonable doubt, it was lawyer Arturo Tan who was named as counsel for the surgeon.

Tan was also named as Agbayani’s counsel in the SC resolution, which denied the doctor’s petition for review for certiorari on his conviction.

In 2013, the MeTC convicted Agbayani of reckless imprudence resulting in serious physical injuries and sentenced him to two years in prison.

Agbayani appealed the conviction before the Regional Trial Court (RTC), which ordered him to file an appeal memorandum. Agbayani received the order on Nov. 19, 2013 and had until Dec. 4, 2013 to file the memorandum.

However, instead of filing the memorandum, Agbayani’s lawyer filed a motion for extension. This was granted, allowing Agbayani to file the memorandum until Dec. 19, 2013.

But Agbayani’s counsel again failed to file an appeal memorandum, citing a “heavy workload.”

The RTC then dismissed the appeal.

In February 2014, the RTC denied his motion for reconsideration.

The case was brought to the Court of Appeals, as Agbayani claimed grave abuse of discretion on the RTC’s part. The CA dismissed his petition for review for lack of merit.

In October 2014, the CA denied his motion for reconsideration.

The SC’s Third Division dismissed Agbayani’s petition for review and upheld his conviction by the MeTC and the CA in 2021.

His sentence was modified to a maximum of one year and one day.