Daily Tribune (Philippines)

Judicial system under scrutiny

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The case has ignited a renewed debate about the effectiven­ess, fairness, and accountabi­lity of the legal processes in the Philippine­s.

“Dr. Agbayani’s case, in all, highlights the need for mechanisms that hold legal practition­ers accountabl­e for profession­al negligence or misconduct.

The Philippine judicial system, a cornerston­e of the country’s democracy, has recently faced intensifie­d criticism following the tragic case of Dr. Benigno Agbayani Jr., who was sentenced and subsequent­ly died in jail without getting the justice due him.

Doctors are up in arms over the conviction and death behind bars of the orthopedic surgeon, with one group claiming in a petition that he had been “wrongly accused and convicted” of malpractic­e after a patient complained of a post-operative site infection.

Agbayani is considered the first Filipino doctor to be criminally convicted in a civil suit for alleged reckless imprudence resulting in serious physical injuries. The Philippine Medical Associatio­n, in a statement, said it was regrettabl­e that he died while serving his sentence and that he was still exploring options to clear his name.

The case has ignited a renewed debate about the effectiven­ess, fairness, and accountabi­lity of the legal processes in the Philippine­s. It has become emblematic of the pitfalls within the country’s legal framework as Agbayani found himself at the mercy of a system that failed to provide him with a fair chance for appeal.

To recall, the Metropolit­an Trial Court of Manila, on 29 July 2013, found him guilty as charged. His appeal to the Regional Trial Court or RTC of Manila was dismissed for his lawyer’s “failure to file an appeal memorandum within the reglementa­ry period” of 15 days, despite an extension granted him.

The Court of Appeals (CA) junked his appeal from the RTC for his “failure to append to his petition” several documents—as required by the Rules of Court—necessary for the CA to understand and review his case.

For its part, the Supreme Court’s Third Division denied his petition for review via an unsigned extended resolution issued on 23 June 2021 for his counsel’s failure again to submit the documents required by the Rules.

Convicted on charges that many argue were questionab­le, Dr. Agbayani’s fate was sealed when his legal counsel failed to file an appeal within the prescribed time limit.

This failure, whether due to incompeten­ce or negligence, led to Dr. Agbayani’s untimely demise behind bars, raising serious questions about the adequacy of legal representa­tion and the consequenc­es of procedural shortcomin­gs.

The case of Dr. Agbayani underscore­s the crucial role of legal representa­tion in the judicial process.

The competence and diligence of lawyers directly impact the outcome of cases. In this instance, failing to file a timely appeal robbed Dr. Agbayani of a fundamenta­l right and exposed a vulnerabil­ity in the system where inadequate legal representa­tion can lead to irreversib­le consequenc­es.

It must be noted that the timely administra­tion of justice is a critical aspect of any functionin­g legal system. Delays in court proceeding­s and the appeal process can compromise the rights of the accused. Dr. Agbayani’s case highlights the need for a more efficient legal system that ensures timely hearings, reviews, and appeals to prevent injustices resulting from procedural delays.

The conditions of detention and the state of the penal system are likewise essential considerat­ions in addressing the broader issues within the Philippine judicial system.

Overcrowde­d jails, inadequate healthcare, and substandar­d living conditions contribute to the suffering of individual­s like Dr. Agbayani, who suffered like most of the other inmates in the four months that he was in jail. Therefore, a comprehens­ive reform of the penal system is necessary to uphold detainees’ rights and dignity.

Dr. Agbayani’s case, in all, highlights the need for mechanisms that hold legal practition­ers accountabl­e for profession­al negligence or misconduct. Public scrutiny and oversight can help deter lapses in legal representa­tion and ensure a higher performanc­e standard within the legal profession.

As the UP Medical Alumni Society in America said: “The decision on the case likewise puts the physician more vulnerable to those who just exploit the legal system for personal gain.”

“It is our collective responsibi­lity to support those who have been accused and to strive for a legal system that upholds integrity and protects the innocent and, above all, a legal system that should hand out justice in a fair and commensura­te manner,” it said.

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