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“I sincerely believe that by our awareness we will be able to protect our beloved profession better against predators and opportunists who are already using my case as a legal precedent to file criminal cases for any complication arising from any of our treatment or surgery. It is time we doctors heal and protect ourselves too, but eventually for the good of our patients.” — Benigno “Doc Iggy” Agbayani, Jr. in “An open letter to my fellow Filipino doctors and friends,” Sept. 16, 2023.

At twelve noon on October 5, 2023, Dr. Benigno Agbayani Jr died from a massive heart attack at the Manila City Jail, where he had been incarcerated for four months. Right before he fell to the ground, he was talking to the warden, finalizing plans and preparations for the monthly medical mission he was spearheading for the inmates. 

Doc Iggy was in the process of appealing the grave injustice he suffered from the judicial system. His demise may have rendered that appeal moot, but justice can still be served. And a nobler cause this justice must serve, as the scales weigh heavy with the dignity of the medical profession hanging in the balance.

We earnestly appeal for justice in the case of the late Dr. Benigno Agbayani, Jr, a Loyal Son of the Phi Kappa Mu, a highly trained and seasoned orthopedic surgeon wrongly accused and convicted of Reckless Imprudence Resulting in Serious Physical Injuries. The judicial proceedings, from the Metropolitan Trial Court (MeTC) and the appeals process that followed, have been marred by disregard for due process, procedural errors and misapplication of rules, leading to a void judgment. Tragically, Dr. Agbayani passed away during his incarceration, undoubtedly due in part to the immense hardships he endured.

The following must be considered – 

Violation of Due Process:

The core issue revolves around the alleged failure of Dr. Agbayani to sterilize the arthroscope properly during a medical procedure, resulting in infection and serious physical injuries to the patient. The judgments of the MeTC and RTC, however, failed to consider crucial aspects:

1. Inconsistent Rulings: The MeTC judge acknowledged the absence of evidence proving inadequate sterilization yet presumed negligence. This contradictory stance creates reasonable doubt, and the subsequent judgments did not address this critical lapse in logic.
2. Misapplication of Rules: The dismissal of Dr. Agbayani's appeal by the RTC based on the failure to file a memorandum, citing Rule 40 of the Rules of Civil Procedure, was questionable. The correct rule for criminal cases is Rule 122, as outlined in Sanico v. People (G.R. No. 198753, March 25, 2015). The denial of due process due to these technicalities renders the judgments void.

 

We, the undersigned, thereby call for the following actions —

We implore the Judicial Integrity Board to revisit this case and take into account the substantial lapses in due process, misapplication of rules, and inconsistent judgments. Dr. Agbayani deserved a fair and just trial, where the evidence was thoroughly examined, and the proper rules were applied. Erring judges must be called out and held accountable.

I. Safeguarding the Nobility of the Medical Profession:

Recognizing that being a physician is a noble profession, this case sets a precedent that could open the floodgates for unwarranted and even malicious complaints against physicians. All procedures carry a risk of infection, and in a criminal case, the accuser must prove beyond reasonable doubt that the physician not only fell short of the prescribed standards of care, but that his actions are specifically the direct and proximate cause of the infection. A fair and thorough trial is essential to prevent unfounded attacks on the integrity of healthcare professionals. It is imperative that the legal system upholds the principles of justice, ensuring that physicians are given due process and a fair trial to safeguard the nobility of their profession.

II. Mourning the Loss:

Regrettably, Dr. Benigno Agbayani, Jr. passed away during his incarceration, facing the brunt of the hardships associated with an unjust conviction. His demise serves as a stark reminder of the consequences of a flawed justice system.

III. Appeal for Posthumous Recognition and Exoneration:

In the aftermath of Dr. Agbayani's passing, we request posthumous recognition of the injustice he endured, acknowledging the exceptional circumstances and the evident miscarriage of justice that contributed to the hardships leading to his untimely demise.

Dr. Benigno Agbayani, Jr. has suffered undue hardship. This call to justice seeks not only a fair reevaluation of the case but also recognition of the toll it took on an honorable practitioner of medicine. May his legacy inspire reforms that prevent such injustices in the future, preserving the nobility of the medical profession.