SC to look into case of doctor who died while in detention

SUPREME COURT OF THE PHILIPPINES / STOCK

MANILA, Philippines — The Supreme Court (SC) will look into the case of Benigno Agbayani Jr., the doctor who died in detention serving his one-year sentence for reckless imprudence.

“I che-check namin kung ano nangyari talaga doon. Hindi kami pwede basta magsabi na ganito. Ang gagawin namin, rerepasuhin namin ang record mula sa trial court hanggang Supreme Court,” Chief Justice Alexander Gesmundo said Wednesday during CJ’s Meet the Press.

(We will check what really happened there. We can’t just say things without basis. What we will do is review the records from the trial court up to the Supreme Court.)

“Apparently… there were some lapses committed by the lawyer. I think that’s the root cause of the issues that came out,” he said.

A petition was circulated online for a judicial review after medical groups have spoken about alleged irregularities.

“Kung ano ang resulta, maaari kaming gumawa ng mga instruction o rules para wag na maulit ang ganitong sitwasyon,” Gesmundo said.

(Whatever the result, we can create instructions or rules to prevent this kind of situation from happening again.)

Agbayani, an orthopedic surgeon was convicted based on the complaint filed by his lawyer patient who had an infection after undergoing arthroscopy, a surgical procedure for joint issues.

READ: Jailed doc firm on his innocence in negligence case till the very end

Agbayani did not seek pardon or parole. In his journal, he said pardon and parole would mean admitting guilt that could be used as precedent in future cases against doctors.

He died of heart attack last October.