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JurisprudenceG.R. No. 268876 -

G.R. No. 268876 - DR. BENIGNO A. AGBAYANI, JR., DULY REPRESENTED BY HIS COMMON LAW SPOUSE, ANGELI E. AKABANE, VS. DIRECTOR OR WHOEVER IS IN CHARGE OF THE MANILA CITY JAIL, AND ALL PERSONS TAKING ORDERS FROM HIM/HER, JR. SUPT. MIRASOL VOCAL-­VITOR, CITY JAIL WARDEN OF MANILA CITY JAIL-MALE DORMITORY.

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accordingly, sentenced him to imprisonment of two years of prision correccional minimum. [3] In a Resolution [4] dated June 23, 2021 in G.R. No. 215121, the Court upheld the July 29, 2013 MeTC, Branch 13 Judgment, with modification as to the penalty. The Court's June 23, 2021 Resolution attained finality on March 16, 2022. [5] A. Antecedents To put the present issue and the Court's ruling herein in proper perspective, as will be discussed thoroughly below, it is apt to recall the antecedents that led to the present Petition, as culled from the Court's June 23, 2021 Resolution and the case records. The case before the MeTC In an Amended Information dated June 11, 2008, Dr. Agbayani was charged with reckless imprudence resulting in serious physical injuries for allegedly using an unsterilized medical instrument in the operation he conducted on the left knee of private complainant Saul Q. Hofileña, Jr. (Saul). [6] The accusatory portion of the Information reads: That on or about January 5, 2006, in the City of Manila, Philippines, the said accused, being then the surgeon and/or orthopaedist of complainant Saul Q. Hofileña, Jr., did then and there voluntarily but without malice, conduct an operation (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 cane for a prolonged period of time, to the damage and prejudice of said Saul Q. Hofileña, Jr. [7] Dr. Agbayani pleaded not guilty to the crime charged. Thereafter, trial on the merits ensued. [8] The prosecution presented the following witnesses: (1) Saul; (2) Saul's private secretary, Emilie Valdivia (Valdivia); (3) Dr. Debbie P. Dela Fuente (Dr. Dela Fuente), the clinical and anatomic pathologist who signed the Report containing the findings on the infection sustained on Saul's left knee; (4) Elizabeth S. Hofileña (Elizabeth), wife of Saul; and (5) Christine Marie Javelona Pascual (Pascual), the medical technologist who conducted the test and examination of the specimen taken from Saul. [9] The prosecution likewise submitted the following documentary exhibits: (i) criminal complaint of Saul, Exhibits "A" to "A-7-B"; (ii) Dr. Agbayani's prescription, Exhibit "B"; (iii) Reply Affidavit of Saul, Exhibit "C-C-6-B"; (iv) Supplemental Affidavit of Saul, Exhibit "D" to "D-10-B"