SC to probe ‘lapses’ in Agbayani case  

MANILA, Philippines — The Supreme Court (SC) will look into the alleged lapses in the handling of the case of orthopedic surgeon Dr. Benigno Agbayani Jr., who died behind bars after being convicted of reckless imprudence resulting in serious physical injuries in a case filed by a former patient.

Chief Justice Alexander Gesmundo said that on Dec. 19, the High Court will scrutinize the proceedings from the trial court up until the case reached the SC.

“Based on the results of our investigation, we may draft new instructions or rules to avoid a repeat of what happened,” he told reporters in a press briefing.

Gesmundo said the SC has to address the issue, especially after there were allegations of lapses committed by the lawyer involved in Agbayani’s case.

“One of the issues that came out was there were some lapses committed by the lawyer. We think that’s the main root cause of the issues that came out,” he said.

Agbayani was criminally convicted in a civil suit for reckless imprudence resulting in serious physical injuries, which stemmed from a civil case filed by lawyer Saul Hofilena Jr. in 2006. Hofileña claimed that the tool the surgeon used during surgery on his knee was unsterilized, resulting in an infection.

The orthopedic surgeon was arrested on May 25 this year after the SC’s Third Division dismissed his petition for review and upheld his conviction before the metropolitan trial court, regional trial court and Court of Appeals.

The 58-year-old doctor was detained at the Manila City Jail, where he died of a heart attack on Oct. 5.

After Agbayani’s death, medical groups sought a judicial review of Agbayani’s case, citing alleged irregularities in its handling.

Gesmundo said the SC will look into whether the judiciary’s Code of Professional Responsibility and Accountability is enough to address similar incidents wherein “lawyers are apparently not doing their tasks effectively and efficiently to protect the interests of their clients.”