The Supreme Court on Friday said it has denied a petition for habeas corpus seeking the release of Benigno “Iggy” Agbayani Jr., the orthopedic surgeon who died while in detention in October 2023.
In a statement, the SC said it denied the petition filed by Angeli Akabane on behalf of Agbayani. Akabane was Agbayani’s common-in-law spouse.
Agbayani was placed in detention in May 2023 after a court convicted him of reckless imprudence resulting in serious physical injuries in a case filed by Saul Hofileña Jr., one of his former patients.
In her petition, Akabane argued that Agbayani was deprived of his liberty without due process of law and under a void judgment that has not become final and executory.
However, in dismissing the petition, the SC said that habeas corpus is the wrong remedy. It noted that habeas corpus is a remedy for individuals illegally deprived of their liberty.
“In Dr. Agbayani’s case, his arrest and incarceration were the result of a process issued by a court or by virtue of a judgment or order of a court that has jurisdiction to issue the same,” the SC said.
“Thus, Dr. Agbayani was rightfully held under custody for which the remedy of a writ of habeas corpus cannot lie,” it added.
Aside from this, the Court said that the filing of the petition before the SC violated the principle of hierarchy of courts.
The Court also dismissed the petition for being moot and academic.
“Finally, the supervening death of Dr. Agbayani on October 5, 2023 rendered the petition for habeas corpus moot and academic,” the SC said.
“This event precluded the Court from further excercising its judicial power for lack of a justiciable controversy,” it added. —VAL, GMA Integrated News
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