PHI KAPPA MU FRATERNITY

Call to Justice for the Late Dr. Benigno Agbayani, Jr:

Safeguarding the Nobility of the Medical Profession

At twelve noon on October 5, 2023, Dr. Benigno Agbayani Jr died from a massive heart attack at
the Manila City Jail, where he had been incarcerated for four months. Right before he fell to the
ground, he was talking to the warden, finalizing plans and preparations for the monthly medical
mission he was spearheading for the inmates.

Brod Iggy was in the process of appealing the grave injustice he suffered from the judicial system.
His demise may have rendered that appeal moot, but justice can still be served. And a nobler
cause this justice must serve, as the scales weigh heavy with the dignity of the medical profession
hanging in the balance.

We earnestly appeal for justice in the case of the late Dr. Benigno Agbayani, Jr, a Loyal Son of
the Phi Kappa Mu, a highly trained and seasoned orthopedic surgeon wrongly accused and
convicted of Reckless Imprudence Resulting in Serious Physical Injuries. The judicial
proceedings, from the Metropolitan Trial Court (MeTC) and the appeals process that followed,
have been marred by disregard for due process, procedural errors and misapplication of rules,
leading to a void judgment. Tragically, Dr. Agbayani passed away during his incarceration,
undoubtedly due in part to the immense hardships he endured.

The following must be considered –

Violation of Due Process:

The core issue revolves around the alleged failure of Dr. Agbayani to sterilize the arthroscope
properly during a medical procedure, resulting in infection and serious physical injuries to the
patient. The judgments of the MeTC and RTC, however, failed to consider crucial aspects:

a. Inconsistent Rulings: The MeTC judge acknowledged the absence of evidence

proving inadequate sterilization yet presumed negligence. This contradictory stance
creates reasonable doubt, and the subsequent judgments did not address this critical
lapse in logic.

b. Misapplication of Rules: The dismissal of Dr. Agbayani's appeal by the RTC based
on the failure to file a memorandum, citing Rule 40 of the Rules of Civil Procedure, was
questionable. The correct rule for criminal cases is Rule 122, as outlined in Sanico v.
People (G.R. No. 198753, March 25, 2015). The denial of due process due to these
technicalities renders the judgments void.

We, the undersigned, thereby call for the following actions —

We implore the Judicial Integrity Board to revisit this case and take into account the substantial
lapses in due process, misapplication of rules, and inconsistent judgments. Dr. Agbayani
deserved a fair and just trial, where the evidence was thoroughly examined, and the proper rules
were applied.
 PHI KAPPA MU FRATERNITY

I. Safeguarding the Nobility of the Medical Profession:

Recognizing that being a physician is a noble profession, this case sets a precedent that could
open the floodgates for unwarranted and even malicious complaints against physicians. All
procedures carry a risk of infection, and in a criminal case, the accuser must prove beyond
reasonable doubt that the physician not only fell short of the prescribed standards of care, but
that his actions are specifically the direct and proximate cause of the infection. A fair and thorough
trial is essential to prevent unfounded attacks on the integrity of healthcare professionals. It is
imperative that the legal system upholds the principles of justice, ensuring that physicians are
given due process and a fair trial to safeguard the nobility of their profession.

II. Mourning the Loss:

Regrettably, Dr. Benigno Agbayani, Jr. passed away during his incarceration, facing the brunt of
the hardships associated with an unjust conviction. His demise serves as a stark reminder of the
consequences of a flawed justice system.

III. Appeal for Posthumous Recognition and Exoneration:

In the aftermath of Dr. Agbayani's passing, we request posthumous recognition of the injustice he
endured, acknowledging the exceptional circumstances and the evident miscarriage of justice
that contributed to the hardships leading to his untimely demise.

Dr. Benigno Agbayani, Jr. has suffered undue hardship. This call to justice seeks not only a fair
reevaluation of the case but also recognition of the toll it took on an honorable practitioner of
medicine. May his legacy inspire reforms that prevent such injustices in the future, preserving the
nobility of the medical profession.

- Brothers of the Most Venerable Fraternity of the UP College of Medicine

Signed:

Vince Justin U Tiu

Superior Exemplar

Constantino T Castillo III, MD Rommel Adajar, MD

Phi Kappa Mu Alumni President Phi Kappa Mu International President