THE Second Division of the Supreme Court has denied the petition for habeas corpus filed on behalf of Dr. Benigno Agbayani Jr., who died last year in prison, declaring it moot.
In a resolution dated August 7 but only made public on Friday, the high court said the petition of Agbayani, who was charged with reckless imprudence resulting in serious physical injuries for using an unsterilized medical instrument in the operation of lawyer and former Manila Times columnist Saul Hofileña Jr., was a “wrong remedy.”
“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. Thus, Dr. Agbayani was rightfully held under custody for which the remedy of a writ of habeas corpus cannot lie,” the high court said.
“In the present petition for habeas corpus, Angeli (Agbayani’s spouse) argued that Dr. Agbayani is being deprived of his liberty without due process of law and under a void judgment that has not become final and executory. Angeli asserted that even assuming that Dr. Agbayani’s conviction has become final, he has already served his sentence,” it added.
As a result of the doctor’s death on Oct. 5, 2023, his habeas corpus petition was declared moot.
Hofileña has yet to respond to The Times’ request for comment.
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