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 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 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.
Corpus Plea For Dead Doc Moot'
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