DR. BENIGNO A. AGBAYANI,
JR. V. PEOPLE OF THE PHILIPPINES
G.R. No. 215121
June 23, 2021
FACTS:
Dr. Agbayani was charged before the MeTC with reckless
imprudence resulting ln serious physical injuries in an Information that reads:
On or about January 5, 2006. in
the City of Manila, Philippines, the accused, being then the surgeon and/or orthopoedist of complainant
Saul Q- Hofilena, Jr., did then and there voluntarily but without malice, conduct an
arthroscopy upon said complainant in a reckless
manner by using a medical instrument (arthroscope) that
was not sterilized without taking the necessary precaution to
avoid injury to said complainant, taking into consideration his employment or occupation and degree of
intelligence, causing as a consequence of his said carelessness, recklessness, negligence, imprudence
and lack of precaution the said complainant to suffer serious physical injuries
on his left knee which rendered him incapacitated
for work and/or labor for
more than thirty (30) days and in fact said complainant had undergone another
operation at St. Luke's Hospital, Quezon City on his left knee to remove the
infection introduced by the accused and subsequent operation on his right
wrist as a result of
walking with a care for a prolonged period of time, to the damage
and prejudice of said Saul Q. Hofilena. Jr.
Dr. Agbayani pleaded
not guilty to the crime charged. Thereafter, trial on
the merits ensued.
The MeTC rendered its Decision
finding
Dr.
Agbayani guilty beyond reasonable doubt of Reckless
Imprudence Resulting in Serious Physical Injuries.