Case Digest (G.R. No. 268876)
Facts:
Dr. Benigno A. Agbayani, Jr., G.R. No. 268876, August 07, 2024, Supreme Court Second Division, Kho, Jr., J., writing for the Court. The petition resolved is a Rule 102 Petition for Habeas Corpus filed on September 8, 2023 by Angeli E. Akabane, as common-law spouse of Dr. Agbayani, against the Director (or whoever is in charge) of the Manila City Jail and Jr. Supt. Mirasol Vocal‑Vitor, the City Jail Warden.The criminal proceedings began with an Amended Information (January 22, 2006) charging Dr. Agbayani with reckless imprudence resulting in serious physical injuries for allegedly using an unsterilized arthroscope during surgery on complainant Saul Q. Hofilena, Jr. The Metropolitan Trial Court (MeTC), Branch 13, rendered judgment on July 29, 2013 convicting Dr. Agbayani and sentencing him to two years prision correccional minimum. The MeTC found that the prosecution’s expert testimony and documentary evidence supported a finding of negligence in ensuring sterilization of the instrument.
Dr. Agbayani appealed to the Regional Trial Court (RTC) of Manila. The RTC, Branch 51, ordered him to file a memorandum of appeal per Rule 40, Section 7(b). He was granted one 15‑day extension but failed to file the memorandum within that extended period; instead he submitted further motions for extension which arrived after the deadline. The RTC, in an Order dated December 23, 2013, dismissed the appeal for failure to file the memorandum. Dr. Agbayani filed his memorandum on January 10, 2014 and moved for reconsideration; the RTC denied relief.
He next filed a petition for review with the Court of Appeals (CA). The CA dismissed the petition outright on April 29, 2014 for procedural infirmity and lack of merit, noting that Dr. Agbayani failed to attach material portions of the record required by Rule 42, Section 2(d). The CA’s denial of reconsideration became final, and Dr. Agbayani sought relief by filing a Petition for Review on Certiorari under Rule 45 before the Supreme Court (docketed G.R. No. 215121).
In G.R. No. 215121, the Court issued a Resolution dated June 23, 2021 affirming the CA’s dismissal but modifying the penalty to one month and one day of arresto mayor, as minimum, to one year and one day of prision correccional, as maximum (applying Art. 365, Revised Penal Code). The Court denied subsequent motions for reconsideration and the Entry of Judgment shows finality on March 16, 2022. The case records were remanded to the MeTC, which issued a Warrant of Arrest on May 24, 2023; Dr. Agbayani was initially detained by police and later transferred to the Manila City Jail.
After remand, the MeTC denied Dr. Agbayani’s motions to allow hospital detention and to lift the arrest warrant, and denied his motion for release. On September 8, 2023, Angeli filed the present Petition for Habeas Corpus under Rule 102, arguing that the December 23, 2013 RTC Order dismissing the appeal was void for denying due process and that the resulting warrant and detention were therefore unlawful; she also a...(Subscriber-Only)
Issues:
- Is a petition for habeas corpus under Rule 102 the proper remedy to challenge the lawfulness of Dr. Agbayani’s detention and the RTC’s December 23, 2013 dismissal of his appeal?
- Was the Petition for Habeas Corpus filed in violation of the principle of hierarchy of courts by bringing the matter directly to the Supreme Court instead of first to the RTC?
- Did the supervening death of Dr. Agbayani render the petition moot and acad...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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