G.R. No. 268876 , August 07, 2024
Case Digest by: Charmis Casella D. Abila
FACTS:
Angeli E. Akabane (Angeli) filed a Petition for Habeas Corpus seeking the release of her common-law spouse, Dr. Benigno A. Agbayani Jr., (Agbayani). Agbayani was confined and has allegedly been deprived of his liberty without due process after the Manila Metropolitan Trial Court (MeTC) found him guilty of reckless imprudence resulting in serious physical injuries.
During the operation of the left knee of the complainant Saul Q. Hofileña, Agbayani used a medical instrument that was not sterilized which became infected and rendered him incapacitated to work for more than 30 days. Furthermore, Agbayani did not act on any necessary precautions to avoid further injury. The MeTC held that Dr. Agbayani was negligent in performing his duty as a physician.
On March 16, 2022, the resolution of the MeTC on the criminal case became final and executory. On May 24, 2023, the arrest warrant was issued and was served on Agbayani, resulting in his detention. He then filed an urgent Motion to Lift or Annul Warrant of Arrest with Entry of Appearance insisting that the denial of his appeal for failure to file his memorandum was an incorrect application of the Rules, which resulted in the violation of his right to due process. This motion was denied on the ground that the arguments raised were already passed upon in the resolution of the MeTC which had already become final and executory.
Now, before the Supreme Court, petitioner Angeli argues that Dr. Agbayani has completely served the correct sentence corresponding to the subject felony and that he has been languishing in jail for more than the proper penalty for reckless imprudence resulting in serious physical injuries.
ISSUE:
Whether the Writ of Habeas Corpus filed by Angeli Akbane should be issued.
RULING:
The Supreme Court ruled in the NEGATIVE and dismissed the petition. The Court pointed out that a petition for Habeas Corpus is not the proper remedy.
Under Rule 102, Section 1 of the Rules of Court, the Writ of Habeas Corpus includes “all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto.” If a person who is restrained in his liberty is in the custody of an officer under process issued by the court, then the writ shall not be allowed.
In this case, Angeli herself admitted that the records show the dismissal by the RTC of Manila was already upheld by the Court and the Court’s ruling had already become final and executory resulting in the subsequent restraint of his liberty.
The arrest and detention of Dr. Agbayani was the result of a process issued by a court or judge or by virtue of a judgment or order of a court of record which has jurisdiction to issue the same.
To add, the petition for Habeas Corpus was filed in violation of the principle of hierarchy of courts. The Court stressed that the petition should have been filed first in the lower court pursuant to the principle.
Therefore, the petition for habeas corpus was dismissed for being the wrong remedy and for violating the principle of hierarchy of courts. And that, at any rate, the case is moot and academic following Agbayani’s death on Oct. 5, 2023, during the pendency of the petition.
THE BARRISTER 