Ex-IBP chief weighs in on doctor’s conviction

MANILA, Philippines — Former Integrated Bar of the Philippines (IBP) president Domingo Cayosa believes the Supreme Court (SC), in its final judgment, has considered all arguments and evidence presented in the case of orthopedic surgeon Dr. Benigno Agbayani Jr.

Doctors have been up in arms over the conviction and death behind bars of Agbayani, with Health Secretary Teodoro Herbosa recently urging the medical community to unite and to “keep the conversation going.”

In an interview with The STAR, Cayosa said that the Judicial Integrity Board is not the proper forum to raise concerns on the case and it “cannot overturn” the SC, in reference to a Change.org petition addressed to the JIB.

The JIB’s main function is to investigate wrongdoings or abuse committed by judges and court employees, he noted.

In the Change.org petition, a doctors’ group said Agbayani had been “wrongly accused and convicted” after a patient complained of post-operative site infection.

Saul Hofileña Jr., a lawyer who graduated from the Ateneo College of Law in 1985, complained in 2006 that the tool Agbayani used during surgery on his knee was unsterilized, resulting in an infection that incapacitated him for 30 days and further led to a hand injury that forced him to use a cane.

Hofileña recovered from the surgery, court records showed.

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.

Cayosa said the “best bet” for Agbayani’s family is if they can convince the high court that there are grounds for a new trial, even though the grounds are limited.

“While we support their privilege to fight any pleading in order to revisit it, we cannot make a judgment if they are right or wrong since we don’t know the details. It will be unfair and we cannot judge (a case) when we don’t know the details,” Cayosa said.

As for questions on whether Agbayani’s former lawyer committed lapses during the judicial process, Cayosa said Agbayani’s family can opt to have the lawyer administratively charged before the Bar Discipline for “unethical conduct or negligence” and have him disbarred.

Cayosa clarified that even if the lawyer is found guilty and disbarred, it does not automatically mean that the decision of the courts is wrong.

In a message to The STAR, Agbayani’s relative said that the doctor’s former lawyer was Theodore Te of the University of the Philippines College of Law.

The STAR has yet to receive a response from Te.

Cayosa expressed hope that doctors would not hesitate or shun lawyers who seek medical help after Agbayani’s case.

He also wondered why the issue between Agbayani and Hofileña resulted in a lawsuit, as it could have been resolved through an alternative dispute resolution such as negotiation and mediation so that no one got incarcerated.