HIGH COURT UPHOLDS CONVICTION OF NEGLIGENT DOCTOR COURT
WAITING FOR A JAB
THE Supreme Court (SC) has upheld the conviction of a doctor who was found guilty of reckless imprudence for conducting surgery using an unsterilized medical instrument in 2006.
In a nine-page ruling released recently, the court’s Third Division junked the petition for review on certiorari filed by Dr. Benigno Agbayani Jr. and affirmed the rulings of the Metropolitan Trial Court (MeTC) and the Court of Appeals (CA).
The case stemmed from a complaint filed by Saul Hofileña Jr. who claimed that on Jan. 5, 2006, he underwent surgery where Agbayani did not take the necessary precaution when he used an arthroscope that was not sterilized.
Hofileña said as a result, he suffered serious physical injuries on his left knee, which rendered him incapacitated for work or labor for more than 30 days.
The complainant had to undergo another operation at St. Luke’s Medical Center in Quezon City on his left knee to remove the infection allegedly caused by Agbayani.
The MeTC on July 29, 2013 found Agbayani guilty beyond reasonable doubt of the crime of reckless imprudence resulting in serious physical injuries.
The lower court sentenced Agbayani to two years imprisonment. The decision was affirmed by the CA.
The SC held that Agbayani failed to take advantage of the opportunity to raise factual issues before the RTC and CA when he unjustifiably and unmeritoriously failed to submit an appeal memorandum.
“In fine, we hold that the appellate court committed no reversible error when it dismissed outright the petitioner’s appeal for lack of merit,” it said.
“At this juncture, it must be stressed that an appeal is a statutory right and the party who intends to appeal must comply with the rules and procedures governing appeals, otherwise, the right to appeal may be lost. Hence, the petitioner has only himself to blame for the dismissal of his appeal.”
However, the high court modified the penalty by holding that Agbayani shall suffer the penalty of imprisonment of one month to one year.