Re: Dr. Iggy Agbayani’s case

Orthopedic surgeon Dr. Iggy Agbayani died while in jail last October. He was sued by a lawyer patient for physical injuries. Before we start framing a sad story to suit a particular narrative, we must appreciate the details first.

In the case of Agbayani vs. People (G.R. No. 215121, June 23, 2021), the Court held that “the sterilization or non-sterilization of the arthroscope is a question of fact... [Dr. Agbayani] had the opportunity to raise factual issues before the RTC and CA... However, he failed to take advantage of the opportunity when he unjustifiably and unmeritoriously failed to submit an appeal memorandum.”

Who was Dr. Iggy Agbayani’s lawyer? Why was the lawyer unable to file the required appeals/motions within the period(s) allowed?

It is unfortunate that Dr. Agbayani perished as a person deprived of liberty (PDL). But I hope we will all read the Decision first and understand what caused him to lose his case: It was a failure to comply with the requirements of pursuing an appeal.

The injustice that happened is that Dr. Agbayani could have defended himself on the merits had the proper pleadings been filed and the Rules of Court followed. See his arguments on the merits. Alas, his counsel apparently failed to do so, ruled the Court. — Dr. Albert Francis E. Domingo, [email protected]