CLOSE ATTENTION | Supreme Court to review Agbayani case amid doctors’ concerns

December 15, 2023 , 10:58 AM

(December 15, 2023) – Amid concerns from the medical community, Chief Justice Alexander Gesmundo on Wednesday said the Supreme Court will revisit the case of Dr. Benigno “Iggy” Agbayani Jr. to assess the possible lapses of his lawyer that may have led to his conviction for reckless imprudence.

Gesmundo recognized the reactions of doctors and other medical practitioners to the case of Agbayani, who served his sentence at the Manila City Jail, following his sudden death from a heart attack last October 5.

“Iche-check namin kung anong nangyari talaga roon,” said Gesmundo. “Hindi kami basta puwede magsabi na ganito ang gagawin. Rerepasuhin namin. At base sa kung anong maging resulta, maaari kaming gumawa ng bagong instruction o rules para huwag na maulit ‘yung ganitong sitwasyon.”

Agbayani was found guilty of reckless imprudence resulting in serious physical injuries after his patient, Saul Hofileña Jr., who’s also a lawyer, developed a post-operative site infection due to the alleged use of an unsterilized surgical instrument in 2006. He was found guilty by the Manila Metropolitan Trial Court in 2013.

At the level of the trial court, Agbayani was unable to appeal because of his lawyer’s failure to file the memorandum on time despite the extension. His lawyer cited heavy workload as a reason for this lapse. Agbayani brought the case to the Court of Appeals and the Supreme Court but he was still not favored.

Agbayani’s conviction became final and executory when the high court issued a resolution in 2021, sentencing him to an indeterminate period of one month and one day to one year and one day. He was arrested and sent to the congested Manila City Jail last May.

Describing the counsel’s lapses as the likely “root cause” of the conviction, Gesmundo said they will assess the effectivity of existing rules in ensuring that lawyers fulfill their task of properly representing their clients.

“Let’s take a look if the CPRA (Code of Professional Responsibility and Accountability) is not enough to be able to address these incidents where lawyers are apparently not doing their task effectively and efficiently to protect the interest of their client. We will look into that,” Gesmundo said.

In an opinion piece published by Manila Bulletin last October 31, Dr. Raymundo Lo wrote about the case of Agbayani, noting how “this conviction sent shock waves all over the medical community.” He claimed that some doctors do not accept lawyers as patients anymore to avoid the situation experienced by Agbayani.

Lo pointed out that not only doctors but also the public may suffer the consequences of this decision, citing the possibility of higher medical costs.

Gesmundo expressed hope that doctors won’t refuse legal professionals as their clients since medical practitioners still have a duty to fulfill.

“Kung ang mga abogado, may sinumpaang tungkulin, ang mga doktor may sinumpaan ding tungkulin,” Gesmundo said. “I hope they will also keep faith to their oath of profession.”

Privacy Statement

Our Privacy Commitment

TV5 Network Inc. values and respects your privacy. We are committed to safeguarding your personal data in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations.

We have developed a Privacy Policy that adopts and observes appropriate standards for personal data protection. While our Privacy Policy sets out the general principles governing the collection, use, and disclosure of our users’ personal information, our Privacy Commitment seeks to inform you more about TV5’s privacy practices.

Why do we collect your personal information (as applicable)?

We may collect and maintain basic information about you as site user of TV5 sites for the following purposes:

To deliver news and updates on current events, sports, esports and entertainment;
To share livestreams of news and sports events;
To understand our viewers’ needs and preferences;
To meet legal and regulatory requirements; and
To perform other processes or disclosures that are required to comply with pertinent laws, rules, or regulations.

Where do we get your personal information?

There are several ways we collect your personal information.

Information that you personally provided.

Most of the personal information we have are those that you have provided us when you:
- Register to our programs or services;
- Inquired, filed a complaint or requested for our services;
- Took part in our research and surveys; and/or
- Became our Partner, Vendor, Contractor or Supplier.

Information we collect during your engagement with us

We also collect information as you use our products and services, like:
- Viewing our websites;
- Activities that are being tracked by our website cookies;
- Calling our hotline;
- Using our apps, websites, and self-service channels and portals; and/or
- Joining our promos, prize raffles, or rewards and loyalty programs.

Information we collect from other sources

Other means of collection of information may be through:
- Our market research initiatives;
- When you visit and use our websites and mobile application; and
- Subsidiaries, affiliates, and third-party business partners to whom you have given consent to share your information to us.

When do we disclose personal information?

There may be instances when we are required to share the information you provided us. In such cases, we ensure that your personal information will be disclosed on a confidential manner, through secure channels and in compliance with the Data Privacy Act and other privacy laws.

We will never share, rent, or sell your personal information to third parties outside of TV5 except in special cases where you have given consent, and in cases described in our privacy policy.

In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our programs and services. This means we might share your information with our service providers, contractors, and professional advisers who help us provide our services.

How we protect your personal information

The integrity, confidentiality, and security of your information is important to us. We have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities.

We also put in effect the following safeguards:

We keep and protect your information using a secured server behind a firewall, encryption and security controls;
We keep your information only for as long as it is necessary for us to (a) provide the products and services that you avail from us, (b) for our legitimate business purposes, (c) to comply with pertinent laws, and (d) for special cases that will require the exercise or defense of legal claims;
We limit the access to your information only to qualified and authorized personnel who are trained to handle your information with strict confidentiality;
We undergo regular audits and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected;
We promptly notify you and the National Privacy Commission when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person; and
We let you update your information securely to keep our records accurate.

TV5 will not collect, use, or disclose your personal information for any purpose other than the purpose that you may have given your consent for.

What are your choices?

We make sure that we have your consent to continue to collect, use, and disclose your personal information for the purposes that we have identified. We want you to know that you may object or withdraw your consent and/or edit your consent preferences at any time.

If you wish to have access to the personal information in our custody or if you think that the personal information you provided is incomplete, or otherwise inaccurate, you may get in touch with our Data Protection Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect requested changes.

Data Protection Officer
TV5 Network Inc.
Reliance corner Sheridan Streets
Mandaluyong City
tv5dataprivacy@tv5.com.ph

What happens when there are changes in our Policy?

From time to time, we may update our privacy policy and practices to comply with changes in applicable laws and regulatory requirements, adapt to new technologies and protocols, and align with the best practices of the industry.

You will be provided notices if the changes are significant and, if we are required by law, we will obtain your updated consent.