Curious case of Doc Iggy

By Gerald Baldivia

Dr. Benigno (“Iggy”) Agbayani, Jr. was a well-regarded orthopedic surgeon who specialized in knee arthroscopy, other joint conditions, and sports medicine. On October 5, 2023, as he was serving out his last month and a half as a prisoner at the Manila City Jail, he suffered a heart attack and passed away, aged only fifty-eight.

Iggy left behind not just a devastated family and a small army of friends, colleagues, and patients that sorely miss his humanity and his irreverent wit and who are outraged by the injustice of his criminal case and the bitter circumstances of his passing. He also left behind a stunned but deeply grateful jail community: prisoners and prison staff who, during his brief incarceration, benefited from his compassion, his professional competence, and his marshalling of his network of fellow doctors to minister to the needs of this unconscionably neglected segment of society. Iggy was planning for more medical missions to the Manila City Jail even after his release.

Iggy was convicted of the crime of reckless imprudence resulting in physical injuries, in a suit brought by a patient of his, following a post-operative infection in 2006. The accusation was that Iggy used unsterilized equipment (an arthroscope) on the patient’s knee. Iggy took his case to the Court of Appeals and finally to the Supreme Court, but these attempts at exoneration failed. The Supreme Court seemed to rest its affirmation mainly on the negligence of Iggy’s lawyer.

I knew Iggy fairly well: we were classmates in early elementary and again in late high school. We remained in touch over the succeeding decades, not the least because he became a classmate and dear friend of my wife’s in medical school. His kids and ours even attended the same elementary school. I will admit that Iggy was one who could adopt and defend some of the darndest views, whether on politics or medicine, and on many occasions his indefatigable argumentation wore even his closest friends’ patience thin. But we who know him will all say this: he was always genuine and earnest. He was never out to score points, he did not engage in polemics for idle mischief, he was never mean-spirited, his intentions were ever good, and he always did his damn homework. For all his flaws, he was a fun, caring, deep-thinking, fine specimen of humanity. The manner of his death was a cruel cosmic joke.

I miss him.

I find it galling that a man can be sent to jail for the failings of his lawyer. There is something abysmally rotten and callous in a judicial system that permits such to happen.

I also find it disturbing that Iggy’s case had stretched out for nearly two decades, even though the patient’s injury had long since healed and he’s been walking around freely for years.

There is even some ambiguity, in the lower courts’ records, as to the central fact: was it even established beyond doubt that the arthroscope was not sterilized?

My friend was deeply wronged. He did not deserve the ghastly and inhumane conditions of our penal facilities (although as time passed, he considered it a silver lining and mark of honor to have witnessed and borne the same ordeals that regular inmates experience). Iggy protested his innocence to the end, refusing an offer of parole because that required him to admit culpability. Dammit, he was not meant to leave us this soon.

Join us in seeking justice for Iggy. Sign this petition to have his case revisited. Even if we cannot bring Iggy back, I hope we can restore his good name, strike a blow against the putrid moral corrosion that is rampant in our legal system and society, and prevent his case from becoming a destructive legal precedent that would dangle on a hair, like a Sword of Damocles, over the medical profession.

https://www.change.org/p/justice-for-the-dr-b-agbayani-jr-and-safeguarding-the-nobility-of-the-medical-profession

By Gerald Baldivia, Pisay Batch 1982 like Iggy

Editor’s Note:

The author of this guest post is a batchmate of editor Irineo Salazar.

The post is not an endorsement, but we wish to highlight cases such as these. Dr Iggy is from an upper middle-class family of doctors. He has friends both from his time in PSHS and UP this doesn’t normally happen as doctors are not perfect and everything is done in a best effort. The feeling for the medical community is that a social contract has been breached.

For a third-party independent perspective I linked to former chief justice Artemio Panganiban’s article on Dr Iggy Agbayani

Comments
217 Responses to “Curious case of Doc Iggy”
  1. Gian, thanks for publishing this article. Doc Iggy was my classmate in part of elementary school and in high school. We were the four legendary only public school kids that passed the PSHS entrance exam in 1978. UP Integrated school is a public school by definition. I never was in a school under DepEd jurisdiction as Pisay was then under the Ministry of Science and Technology. Iggy always was a rational person inspite of contradictions we all have.

    A professed atheist who was able to argue respectfully with creationists in our Pisay batch while I stood aside in horror, this was during our Yahoo group phase. I respect religious people but can’t get how anyone can believe in creationism, that is like believing in flat Earth.

    As Gerald mentioned, one who could always argue respectfully, even as I found Doc Iggy’s last stand for Invermectin even stranger than the creationists in our batch, or Iggy’s politics. But then again I don’t know how most batchmates have found my opinions or my writings here.

    I am a firm believer in the “Rechtsstaat” though, the state run by predictable Rule of Law.

    In my defunct former blog I wrote a sarcastic article titled “Quo Warranto et ab initio in saecula saeculorum” and mentioned the doctrine of legal certainty. Some of it is quoted here:

    https://www.philstar.com/opinion/2018/09/11/1850422/october-windmills-dutertes-mind

    “Rechtssicherheit” is the word for legal certainty in German as HERE is where I learned it, among other things I am especially grateful for to my “Lodi” Dr. Heribert Prantl, opinion editor of Munich’s Süddeutsche Zeitung and former judge. An editor with high moral standards whose 2018 series on the deliberations in the German 1949 Constitution and whose op-eds on the misuse of justice in the Nazi period I always remember. Even naming WHERE it happened, hallowed halls of justice used until today. Sometimes a bit grating as a moralist but needed.

    I am extremely sad that Doc Iggy died in jail even as I am overjoyed that Sen Leila is now free. Both regardless of politics were victims of a system that seems to have little legal certainty. Technically things may even have been done correctly, but a system that is obscure and seems to not make sense to most citizens destroys the trust in Rule of Law. Without people’s support Rule of Law could wither and what follows is IMO worse. Doesn’t the preamble of the Philippine 1987 Constitution speak of a “just and humane society” or is that just nice-sounding words?

    Thanks too to Gerald for this submission!

    • Gerald Baldivia says:

      My profuse thanks as well for this privilege, Irineo and Gian. It’s the absolute least we all can do for our late friend’s memory and for the reawakening of our country’s desperately moldering sense of justice.

    • This is something everyone who interacts with the criminal justice system deserves, a system that is not convoluted as to make justice unattainable.

      • I find the reasoning of the more modern lawyers and justices in the Philippines clearer than that of the old school. Some are totally spaced out.

        Rizal already satirized the wrong kind of thinking somewhere in his novels by mocking some UST students (I think he somewhat had UST as his pet peeve) who were exercising logic taught by friars and were proud of their syllogisms without any grounding in common sense.

        Even the intellectually honest realist old school types like Justice Carpio can be difficult.

        Nonetheless a systemic reform may be needed and who was trying to start that? Sen D5. Chief Justice Sereno tried an administrative reform and some inside the apparatus hated her.

        Atty. Leni wanted to make the investigation and prosecution process more efficient while Chel Diokno wanted justice to be available for all but because the masses don’t understand or are repelled by legalism they prefer Tulfo who is more like the “magani” of tribal Mindanao.

        The magani (bagani in Cebuano) was a warrior one could also ask for help to right a wrong.

    • kasambahay says:

      I’m apologetic po, kasi not very understand ako about medical protocols but what’s an orthopedic surgeon concern mainly with bone reconstructions doing with publicly advocating the use of anti parasitic drug ivermectin to cure uber infectious pandemic disease as covid? I understand infection control was not dr agbayani’s specialty.

      and if the late dr agbayani and his good friends had inclination agbayani’s lawyer was not up to par, why in the name of the rotten apple did they not sack the lawyer, and find a better one?

      agbayani died of heart attack while in jail, meaning what exactly? that he did not know his risk of having heart attack per se, bec he was more of a bone doctor and did not suspect his heart might do a runner on him? and if prisoners are given regular medical checkups in jail, why was agbayani’s hearty condition not picked up sooner? contributing factors like maybe hyperlipidemia, ischemia, etc. surely, there were symptoms present, but.

      • Bingbing Agbayani says:

        Our brother, Doc Iggy applied po for hospital arrest because his blood pressure, before and during his stay in jail, was out of the charts and could not be controlled by meds and required medical attention. His request was denied repeatedly. The tragic result of which is his death by heart attack while incarcerated.

        Thank you for asking so that this would be known.

        Iggy was more than a “Bone Doctor” . I know you use the moniker not in a demeaning way. Just as I know that you are more than a “Kasambahay” and don’t mean to pretend to be not very understand.

        • when a doctor is not allowed for hospital arrest and dies doesn’t this call for some reckoning. Is this not an administrative case waiting to happen?

          • kasambahay says:

            you are correct po. the family of the deceased can ask or request for a coronial inquiry. where a coroner can look into the death and make a report of the whys and wherefores. depending on the coroner’s recommendation, a forensic look maybe necessitated.

        • kasambahay says:

          looking back, it would have served iggy better had he asked for medical furlough instead of house arrest. he would have been taken to veterans, seen and given thorough medical check up by accredited govt doctors. and if iggy ticked all the boxes, govt doctors could recommend house arrest.

          • still a court order. Its either the court didn’t think it was time sensitive or the process of the court simply was not made for emergency situations.

            • kasambahay says:

              in case of emergency, jail wardens could have called ambulance or given 1st aid to iggy until ambulance arrived.

              then, a stabilized iggy could have been given ecg, electro-cardio-gram, to check how his heart is going. a blood test could confirm among others, that he was having heart attack dahil there might be traces of heart enzymes leaking into the blood stream.

              it should also be known to all and sundry that doctors can and will stand between the law and their patients and can petition that the law be suspended pending on patient’s recovery. it’s in health law yata.

              • prisons here are ill equipped. heck even if workplaces have a yearly basic life saving training I doubt if the normal prison employee can perform it. It takes only a few minutes without oxygen to the brain for one to be brain dead. There is practically no capabilities for emergency medicine except for a handful of well equipped ERs. Even then the ambulances except for the paid subscription ones are not that pervasive to make it feasible outside of Makati/BGC and surrounding areas. It is a question of incentives. Emergency medicine will not really make the hospital money because you cannot filter for capacity to pay. you have to stabilize the patient but doing more would be a major time sink and thus cost center.

              • kasambahay says:

                I’ve been told ambulances in our county cost 5million pesos a piece. modern kuno at may defibrillator pa, it can kick start a dying heart. saka, paramedics ngayon are trained sabi, in emergency medicine and can stabilise a patient on the way to hospital.

                you could well be right, makati city, taguig and quezon city seem to have the better ambulances around.

                further, because filipinos are high risk of heart attacks, many shopping malls have defibrillator in each storey located kuno near elevators. though I have yet to see one.

                the one I saw was at the airport, naia.

        • kasambahay says:

          incidentally, can you please tell us why iggy’s request for hospital arrest was denied? nahihirapan akong umintinde why iggy’s peers, a panel of doctors sitting to review his case, at mismong kabaro niya, denied iggy’s house arrest request. what’s the reason given? please enlighten.

      • The original lawyer was Ted Te. A UP professor turned SC spokesperson during CJ Sereno’s time. What is not clear is if he was the lawyer who failed to file during the required time. People are being very hush hush about these things because these are powerful people and thus nobody wants to get in the middle of their sights. In the Philippines only the powerful have freedom of expression.

        • kasambahay says:

          if the original lawyer failed to file docus on time, subsequent lawyer should have been given brief and acted accordingly. if there was lapse, causal and significant, the family of the deceased can take legal action vs whoever lawyer. kaso, the family wants to reform judicial system.

  2. Karl Garcia says:

    Thanks sir Gerald for the article.

  3. istambaysakanto says:

    Am sure there’s no criminal intent to harm the patient. So he’s not guilty of any transgression. T’was not like a mistake done in tubal ligation that unfortunately a kidney ureter was tied instead of a fallopian tube. Suing the surgeon based on unsterilized medical tools used should involve the hospital (autoclave process). If only there’s a medical malpractice insurance this could have been settled amicably. But I agree, the jurists of various courts exercised poor judgment besides from an incompetent counsel.

    • yeah my spider sense feels a certain level of vindictiveness from people with access to people with power.

        • kasambahay says:

          maybe I did not understand the enormity of the case. it was lawyer vs doctor, the two professions very rarely see eye to eye. a lawyer who was patient and became plaintiff thought he was harmed by his treating doctor, and took the treating doctor now made defendant to court. the lawyer won, the doctor did not.

          sometimes, it’s a matter of arguments, facts presented. hold back on emotions, coz emotions can blindside. do no harm, yet the patient was apparently harmed, was infected and there was supporting documents presented. and what did the doctor do to counter this? his good reputation apparently could not win him the court case. maybe it was bec of his good reputation that made the patient confident of good recovery and underwent the surgery. and maybe, post surgery, the patient felt let down, seemingly disappointed with the outcome not anticipated: the post surgery infection.

          if I was hospital admin, I would send out liaison officers into recovery ward and pacify convalescing patients out of ruinous talks. and immediately take hold of patient’s file/chart and see what care was documented in there, was adequate infection control given? was there prophylaxis observed? was medication dispensed on a timely manner? right dose for the right patients?

          very confusing for lay person as moi. better I shut up.

    • kasambahay says:

      doctors pay high medical indemnity insurance, and if they are up to date with premium payment, their legal fees are more or less assured, and there is restitution for clients wronged.

      • not really. I do not know of any law that requires that insurance. I believe you are referring to the situation in the US.

        • kasambahay says:

          I posted two links about professional indemnity insurance (chubb) but the two went awol.

          apparently, professional indemnity insurance is for all professionals working in the philippines: architects, engineers, doctors, teachers, etc.

          • the issue is not the type of insurance, it is that there are no insurance requirements to practice one’s profession.

            • kasambahay says:

              true that, though high profile professionals take indemnity insurance to protect themselves from unforeseen circumstances. so long as they’re registered and their membership of their governing bodies is up to date, they should be okay to practise. I’m aware there are plenty kolorums out there, practising without license.

  4. LCPL_X says:

    I agree with isk. this is more an insurance issue more than anything.

    but this whole notion of protecting the nobility of the medical profession rhetoric is a very Filipino solution of a very simple problem to solve (eg. insurance). eye for an eye, doctors should make an example of the atty that sued the doctor.

    But do away of all this nobility talk. the only noble profession there is the oldest profession. next are taxi drivers.

    Lawyers there think they’re noble. doctors too. hell I’m sure accountants and engineers too. and theres the rub. its just a fu*cking job, albeit ones that pay really well. also giving status.

    Filipino lawyers who visit here are always in awe at the myriad tv ads and advertising on walls and buses for injury lawyers etc. ambulance chasing is what its callend here. nothing noble really but it serves a purpose in the grand scheme of things.

    It seems like this was an easy case. i’m no lawyer but proving where exactly the infection set in is pretty difficult, shoulda blamed the lawyer/patient for maybe drinking too much Tanduay and not cleaning his own wound.

    the lawyer patient just wanted to get paid I’m sure. if there was a better insurance industry then all this coulda been taken care of outside the courts. so work on insurance.

    But I think it would also serve the Philippines as a whole if doctors there banded together to destroy the career of this specific lawyer/patient that started all this. eye for an eye. make it personal. send a message.

    Doctors are not to be fucked with. noble or not.

    • LCPL_X says:

      I’m not sure if Filipinos know how insurance companies work. but they’ll protect their interest. so on top of doctors pursuing eye for eye, if too noble a profession then they can let the insurance companies ensure quality control. but it won’t be personal and it wont be specific.

      essentially insurance companies will keep tabs on this lawyer if he or his buds make a habit of making frivolous law suits then the insurance companies to protect their interest will act to minimize that risk to their interest.

      so in the micro- tactical level insurance will not act (that’s why am saying the doctors hell Ireneo has connections with Turkish mafia have to make an example of this guy). but at the macro- Philippine wide level insurance companies will hire their own people to prune here and there. its all actuarial stochastic modelling.

      like Las Vegas.

      • What Turkish mafia? Well who knows who actually is among those whom have served me kebab and hot chai, Turkish tea.

        I prefer reactors on Yotube reacting to Filipina singers like Gigi de Lana, who here incidentally sings of going to New Orleans “to wear a ball and chain”.. an appropriate musical intermission in this somber thread.

        • Re long cases the I think longest case in postwar Germany was the NSU case, 5 years core case plus two years aftermath with appeals denied.

          https://en.m.wikipedia.org/wiki/National_Socialist_Underground_trial

          Originally cops thought the mostly Turkish victims were killed due to “ethnic organized crime”. My comment on kebab vendors above was sarcastic, especially in the context of the tabloid press originally calling the murder series “Dönermorde” or kebab killings. Turns out it was the NSU group. The trial in Munich was complex with loads of witnesses and evidence plus the lawyers of the victims and defendants in sometimes heated battles. BUT they managed to pull it through with and extremely competence judge who went through things systematically in 438 days of proceedings. I wonder how the stats for Philippine cases are.

      • I have issues with insurance. I have a feeling that insurance companies do not pay as much as they should. Imagine how hard it is to enforce contracts. Its not a case of not knowing how it works. it’s about it not actually working for most. This is also the reason why insurance companies advertise their foreign ownership.

        • I don’t know if the story that Filipino bus drivers are instructed to back up on hit and run victims to make sure they are dead – because paying for death is less costly than paying for invalidity – is an urban legend or not.

          But if it is true of has a grain of truth, it might have to do with insurance being too expensive in the Philippines as opposed to actual payouts. I know that insurance premium computation and claims processing factors in the risk of fraud and maybe the Philippines is less trusted.

          • have heard this multiple times. have heard lawyers tell victims families that 100K is all the Supreme Court has awarded the victims family thus don’t make it hard for them. Whereas a live victim would mean medical bills without end. so I think this is not said in polite company but taught to drivers through inuman

            • kasambahay says:

              apparently, there is limit of how much insurance can pay. after the payable amount is exhausted, victims are on their own, bahala na sila.

              not all victims are the same. if victim happens to be the president of the philippines, insurance payout is probly thru the roof!

              • there is not bottomless pit of money for most everyone, insurance usually have defined values because otherwise there would be no way to control profitability, and most insurance companies are for profit.

    • In the Philippines, those with a higher status – or with a group behind them – are the ones more in a position to demand justice. Senators can even demand that they not be unjustly accused I guess that is the lot of “ordinary people.”

      Remember that the Beatles were told “we treat you like ordinary person” when they were thrown out of the country for not giving Imelda a private concert. I, of course, see cases like Doc Iggy as ways to highlight injustice in general. As for others, I can’t look behind their foreheads.

  5. Well, I separate Doc Iggy’s Invermectin advocacy as strange as it was from his practice as an orthopedic specialist.

    The other details I know very little about, but the little that I read gives the impression of a mess and that cases last so long in the Philippines is an injustice in itself.

    Philippine jails are mostly hellholes that too is wrong in itself.

    • I was answering to KB above.

      Re LCX/kb and malpractice insurance etc in the Philippines I have little idea. Will Villanueva probably will not know as he worked in life insurance.

      • kasambahay says:

        thanks, Irineo. as many probly know, I’m the resident charlatan, haha.

        • LCPL_X says:

          Yeah, i gotta admit when I first read the title I thought it was gonna be about a Filipino that ages backwards. as for orthopedics doctors they’re more like mechanics really. really practical folks no sponges to leave in the abdomen. I doubt he’d be the cause of infection.

          If y’all can get this Atty. Saul Hofileña Jr. convicted for something (they’ll all be dirrrty) and send him to the same prison that would be poetic justice. Doctors all over Philippines should all band together pay for private investigators say he visits a casa ,

          have him arrested. send him to the same prison. have witnesses write affidavits. my point again is, eye for eye.

  6. OT Meanwhile, a prisoner for almost 7 years is learning to live in freedom again..

  7. Eduardo Maglaque says:

    Sad how the court’s sense of justice hinged solely on the ‘supposed shortcomings’ of Iggy’s defense lawyer. It seems to me simply a technical reading of the issue. Where then is the element of wisdom that august body is assumed to possess? I was always made to.understand that the majesty of the law emanated from the human spirit.

    • Aside from that one has to look at HOW LONG the case dragged on which is nearly two decades. And I have now heard of many Philippines cases like that.

      Having a Damocles sword over a major stretch of one’s lifetime isn’t justice.

      • kasambahay says:

        now that the case is in public domain, mebe private and confidential no longer applies and the family of the deceased can release to the public the death certificate mentioning the true cause of death. give me something to reach informed decision, something concrete and solid to hang on to. and not just hearsay.

        I need data, figures, etc. hypertension o high blood pressure what? mild, moderate? a lot of people walk around with both mild or moderate hypertension and dont drop dead. the body can be quite accommodating and can adapt, but it can also give warning.

  8. Karl Garcia says:

    Also I will not be surprised if jurisprudence means nothing as in the dissenting opinions can have weight in the next motion for reconsideration.

    • yep we have been alive for too long

    • kasambahay says:

      that’s the beauty of the law! there are grey areas, shady areas and it allows for exemption. in every law there is exemption. you just have to find out what those exemptions are and where they are. and in the meantime, dont get ambushed! damn thing can hide in plain sight.

    • kasambahay says:

      thanks, Irineo.

      • Welcome.. those are I think the most important facts.. what is strange is why didn’t the judge ask for independent expertise if he doubted that the sterilization was sufficient? Or is there no such thing in the Philippines?

        The comments on the FB share are quite interesting and enlightening as well as to the timeline and all.

        • Problem with something technical in nature. The evidence should simply be what is the recommended practice by the society of orthopedic surgeons? what is recommended by surgeons in general? was it followed? the issue of is 15 days still allowed etc is really a science experiment that needs to be done and shouldn’t be the purview of the court. It’s like the court deciding on drug dosages.

          • kasambahay says:

            always err in the side of caution, that’s the old school and so far, it has served patients well. I’ve heard of surgeons asking instruments be re-autoclaved or be sterilised again even before the 15days lapse. or surgeons can reject the instruments altogether and asked for instruments not close to their used by date.

            for the sake of their patients health and well being, surgeons have to be very sure their instruments are germs free. closer to the 15days kasi, there is possibility autoclave weakens, and instrument’s germ free status is maybe no longer 100 per cent assured.

            recommendation of 15days is just that, a recommendation. and doctors and surgeons are free to accept, reject or amend the recommendation as they see fit. no harm done until there is harm and doctors got sued.

            • kasambahay says:

              iba na ang panahon ngayon, we now have superbugs, germs like the golden staph that defy antibiotics. nice name golden staph, but not nice to have in your body.

              so anything that was medical homily in 1970 and much adhered to, is maybe so outdated now, AI would cry!

              • kasambahay says:

                Q – why do doctors reject a sterile instrument still within the use by date?

                A – due care. doctors have to exercise due care and subject the supposedly sterile instrument to external visual examination. if the packaging looks damaged, dirty and have scruff marks, if there is tear or hole the size of a pin prick, it is reason enough for doctors to reject the instrument for it could be contaminated and may no longer be safe to use.

                this is consider a medical error with potential to harm, kaya doctors are supposed to write a report citing the incident so appropriate department can take remedial action. for the good of all.

                in case of dispute, the courts of law can subpoena hospital records, personnel, etc.

                sometimes, in order for hospitals to save their reputation, they distance themselves from erring doctors, and put the onus on doctors.

            • Still, one does not get the impression that the court went by the legal principle of trying to establish the truth (“Wahrheitsfindung” is the German term, certainly there is a Latin term and I don’t know the Philippines legal term).. and “beyond reasonable doubt” as the Americans say.

              1) Why was there such an abrupt distrust of the patient towards the doctor to the extent that Atty H went to other doctors to have the infection treated?

              2) Could the complications that confined him to a wheelchair for two years have come from the attempts to treat the infection?

              3) could the infection have happened AFTER the operation due to what not?

              These are just logical questions I ask based on the statements I have read, I am not a lawyer or a judge. The Irineo Salazar that passed the bar on Nov 18, 1935 was my grandfather. Maybe I have some legal instincts that’s all..

              What I ask as well is how was the court so sure that it was probably Doc Iggy’s fault that they gave him a short deadline to “prove his innocence” which is against “in dubio pro reo” (benefit of the doubt for the accused) and no extension which is against “audiatur et altera pars (also hear the other side) especially after the court had taken so long for everything else based on what we know. My Latin is not because I ever wanted to be a priest or a lawyer, I needed it to graduate German Senior High, long story. My grandfather fled the seminary in Naga BTW..

              4) The trouble with cases in the press and social media is that we are given parts of the big picture and have to try to piece it together. We can’t cross-examine witnesses, check evidence especially forensic evidence and then cross-examine expert witnesses.

              5) still there is the fatal impression that the judges decided on a certain “truth” without fully going through all the possibilities and especially probabilities (this would be my father’s legacy, he said a lot is possible but what is actually probable. As a historian he of course has to be like a judge as well after being like a detective or others have been detectives) – it sounds more like a trial of the sort “prove you are not a witch, as we found a black cat on your doorstep”.

              KB, please prove you are not the Wicked Witch of the South or the Wacky Witch of the West! Besides I give you six hours to do so. JOKE LANG. We cannot bring the dead back to life as I am not Jesus either. We can at most ASK whether things went the right way in this matter.

              My credentials are those of a mere IT expert. Not one of those who according to LCPL_X put Hon. in front of their names in the Philippines. Actually more like a houseboy making tsismis with the kasambahay. Talking to Google PhDs like Lance. Sic transit Gloria mundi. 😉

  9. kasambahay says:

    nangangatog yata ang mga doctors ngayon baka this case can become precedent for them to be sued as well. now, methink, doctors have to be vigilant in doing their jobs properly and to the letter, so legal cases against them is kept to barest minimum. doctors really have to check and check again that the surgical instruments they used are not out of date, o past the use by date, no matter how sterile and well packed the instruments look.

  10. OT musical intermission.. KB rightly saw Joy Esquivias as a potential diva, but I now see someone who will be a major contender in the semifinals or finals:

    Seriously, even Morissette, who is top league, would have a hard time against this lady here. Joy should compete with Aretha, I mean Emely, by utilizing her melodic capabilities, not her belting. That would be a battle most lose.

    • kasambahay says:

      omg, emely is so like lizzo! but a contest is a contest and there is only one winner, or is it? in case of tie, a coin toss is probly in order!

      • There will be no tie, and after all, the German audience decides by phone voting on December 1st (semifinals) and Dec 8th, Voice of Germany finals.

        In case Joy gets Emely as a direct competitor – nearly sure – she should differentiate herself.

        Shared two old recordings of her, to give an idea where she can shine uniquely.

        • kasambahay says:

          1st of december is a friday, 8th of december is also a friday and the day of the feast of the immaculate conception. 8th of december should have been a yin and yang day, but not likely.

          trust joy esquivias, she knows what she is up against.

  11. Slightly OT but slightly related, a Fil-Am attorney’s personal POV of what could be happening re the name of SB19 and what options could exist explained in a layman-friendly way:

    I find the way she explains the purpose of legal regulations great, especially how the law tries to balance different legitimate interests such as the investment of producers and the work of artists. Not legalese..

    • kasambahay says:

      another option? make a deal. sb19 can make a deal with parent company but they must have a very good lawyer to represent them, and looks after their own interest. or sb19 can wait out til january 2031 when their trademark expires, if they can wait for 7yrs!

      anyhow, apparently sb19 also cancelled their bangkok tour, leaving only dubai and tokyo tours.

      I wonder what sb19 must be feeling now. pablo, he who I think has the dictator’s streak, I hope pablo is keeping his bandmates well together and keeping their spirits up.

  12. The readings are twice the matter of the missed deadline and no offense intended to all the good and competent Filipino lawyers and judges: it reads like the justifications of a clerk. Besides, not all that is formally legal is just.

    The prequel is missing as to why the court initially declared Doc Iggy’s guilt, what interests me is not the formal justification but the WHY they saw him with high probability and ideally provably as negligent, beyond reasonable doubt.

    • That was supposed to be my answer to KB, which slipped down. To use Latin, non sequitur at least for me..

      • kasambahay says:

        the pdf format of the supreme court notice pages 1 – 9 states all there is to know about the case. sadly, it’s above my pay grade to go into the whys and wherefores.

        • Page 5 is Doc Iggy’s argument that his guilt was never proven.

          Page 7 has a to me interesting statement:

          “..Barcenas vs Spouses Tomas, 19 ,vc declared that petitioners are required by the Rules or Court to provide the appellate court with certified true copies of the judgments or final ordern subject of review, as well as the material portions of the record.. ”

          OK, interesting, does the SC have no electronic access to said records, or can they not ask for a PDF email or a fax (considered quite undigitalized these days but at times still used I heard) from them. An appeal is after all not a submission to the ICC, outside the country.

          Oh yes, it is indeed the Clerk of Court who signs on Page 9. Good to know that is how the system works there. Sure, the lawyer should have known better. But it does look like an antiquated and formalistic system to me. HOW Doc Iggy was “proven guilty” wasn’t tackled.

          • kasambahay says:

            allegedly the onus was on iggy to prove he was not negligent, he was given 45 days to prepare, present his rebuttal, show added documents and hollier than thou hospital records proving he has done all, and given all necessarily patient care encompassing hospital best practise as per outstanding order.

            it was alleged 45 days came and went, iggy seemingly wasted the opportunity to prove himself, and failed to present the much sought after documents necessary for him to win the case.

            apparently, it was not the job of the prosecution to chase those missing documents but iggy’s. those documents should have already been in iggy’s possession ready for court perusal.

            methink, it was down to probability and iggy lost.

            • And that reversal of burden of proof – and if I remember right the deadline was 15 days not 45, very tight, also very strange – is what I find strange.

              Some of the reddit threads say the use of reckless imprudent as a charge was because there is not medical malpractice law in the Philippines.

              Maybe the consequence is that there should be so that what is required is a clear SOP and doctors know what they have to fulfill to avoid issues?

              • kasambahay says:

                pls read again, it was 45 days total.

                • Two times 15, to wit:

                  “Petitioner appealed before the RTC on September 3, 2013. Thereafter, on October 11, 2013, the RTC ordered9 him to file a memorandum of appeal as per Section 7(6), Rule 40 of the Rules of Court. The October 11, 2013 Order was received by petitioner on November 19, 2013. Thus, petitioner had until December 4, 2013 within which to file hls appeal memorandum. However, instead of filing his appeal memorandum, he filed a motion asking for an extension of 15 days which was granted by the RTC in its December 16, 2013 Order. Hence, petitioner had umil December 19, 2013 within which to file his appeal memorandum. However, he failed to do so.”

                  The court already decided before the third motion on Jan 4, 2024.

              • kasambahay says:

                as professionals with subscription to their own governing body, having to register and renew their registration, doctors are required to update their knowledge and go on study leave, attend symposium, meet and greet their peers, subscribe to their own peer reviewed publications as medical journals, etc.

                as well, hospitals have their own health charters, standing orders and rules and regulations. as each shift ends, doctors meet other doctors in the staff room, and formally hand over patient care to the next doctor. nothing is missed. doctors dont work in a vacuum, they work as a team with other doctors, nurses, physios, therapists, etc. and everything is documented, albeit religiously. they knew that when it comes to shove, they can always rely on their official documents signed and dated each entry.

            • kasambahay says:

              p.s. I’m interested to see what was in the patient’s discharge summary, what’s his after care like post surgery. also the meds given to patient to fight infection prior to discharge from hospital. I bet the court also wanted to see this, but was denied the chance. thanks to iggy.

              • Don’t know what rights prosecutor’s offices in the Philippines have, but don’t they have the right to secure evidence by themselves?

                What makes you think Iggy was withholding evidence, and WHY do you care as much about this case? You have never particularly cared as much about any other topic before.

              • kasambahay says:

                I find the case interesting, is all. if I have stepped on someone’s toes, I apologise.

                gian, pls delete all my comments. thanks.

    • kasambahay says:

      never say never. sometimes lawyer do bluff and intimidate. but if anyone has a strong case,then by all means go for it! precedent or not.

    • kasambahay says:

      para sa akin, doctors maybe held accountable for what they failed to do, and seemingly can no longer ‘bury’ their mistakes, haha.

      sad day for doctors, for they no longer can act like gods?

      sadder day for patients, coz their god like doctors are now mere mortals?

      • LCPL_X actually got it right. Doctors and lawyers are both very privileged groups in the Philippines. Neither should be allowed to act like Gods.

        The way this case ran shows how dangerous the law is in the Philippines.

        Here in Germany, the law is mostly predictable but not dangerous. You know what to do to be on its good side. In the Philippines, it can be weaponized and put entire lives on hold or destroy them, even more for the very poor.

        • kasambahay says:

          kaming mga kapus palad try to keep out of the reaches of wanna be gods. if we are sick, we mostly treat ourselves and pray to god for deliverance; if we are wronged or maligned we have the public attorney’s office to resort to, and again pray to god for deliverance. and if we die, it must be will of god we are delivered.

      • Karl Garcia says:

        Every wrong doing should hold some one accountable. Is right or wrong fluid and evolving? Ask bard or chatgpt.

        Judges have the most prominent God complexes.
        Mas sakalam trapik cops. Taas lang nila kamay nila kahit 20 wheeler titigil.

        • In the Philippines I used to know, there were traffic cops who almost danced in the middle of the street. Have they gone the way of more colorful jeepneys?

          Imagine if the 20-wheelers just ran over the traffic cops. Poor guys.

          There is a reason why judges are theoretically subject to laws and must follow rules of evidence. They are more like 20-wheelers who can run over people. Old stories and new ones like LOTR and Star Wars warn of too much power.

    • LCPL_X says:

      I like kb’s line of questioning here. that maybe the doctor is dirrrty. and deserved what he got coming. but I’m with ireneo, as for me I dunno and I don’t care about the lawyers and doctors involved here. focus on the little people. if the criminal justice system can be fixed due to this case then hey why not. serves the public good.

      As for doctors and lawyers (and engineers and accountants even professors and of course politicians) they are gods there. their lives are worth more than other Filipinos. status too. oh and I forgot about priests who always get first dibs on the lechon at parties.

      But as a Mango Ave. veteran. I can tell you plenty of married with well to do practice frequent casas and bars over there and always demand no condoms (as well as freebies) and end up impregnating the girls. like priests. so yeah, fuck them.

      gian. I ‘m with you re insurance as an industry.

      but insurance and class actions and unions are the only means the little people can get ahead of the big guys. Brinks which is an armored car company that moves money & valuables around insure not only the items they are transporting but also the personnel. so incase something happens like a robbery,

      the company Brinks get to profit doubly. its called dead peasant insurance. Walmart, etc. have ’em too. I always thought if there was a market for insurance industry to offer dead company insurance in which the workers can bet against their employers (maybe as a union). that would probably off set some things.

      in the end, the insurance industry is just Vegas though different companies vary like casinos. for example, in life insurance you’re betting the insurance company that you’re gonna live short. in annuity you’re betting them that you’re gonna live long. and so on and so forth. all bets. just like Vegas.

      so as a whole I agree with you.

      fuck insurance companies. but read the fine lines. because they’ll not pay is always their first order of business thats to slither away from paying. so just read the fine line. this is where doctors and lawyers come into play and become useful. so its a balancing act pit one against they other.

      we need to be god butchers.

      but the big over arching principle here, is focus on the little guys. thats where the public good is found.

      • LCPL_X says:

        there should be more lawsuits against the medical industry tbh. not less. keep ’em in check. keep ’em on their toes.

        • https://www.philstar.com/headlines/2023/11/15/2311544/philippines-not-yet-ripe-medical-malpractice-law

          “MANILA, Philippines — The Philippines is not yet ripe for a medical malpractice law, as there are Filipinos who have not even seen a doctor, according to doctor-lawmaker in the House of Representatives.

          Malasakit@Bayanihan partylist Rep. Anthony Rolando Golez Jr. yesterday said the country’s public health system is not yet ready for such a legislation, which is similar to that of the United States.

          Having worked as a rural doctor and as executive assistant of former health secretary Manuel Dayrit, Golez noted he knew the situation in many remote communities, which have not been visited by a doctor or even a nurse.

          ‘There is no laboratory or X-ray in the barrio. The patients just rely on the clinical eyes of the doctors in their diagnosis,’ he added.

          Golez cited, for instance, that there are doctors who can spot an appendicitis case needing appendectomy based on the patient’s signs and symptoms.

          But with medical malpractice law, he underscored that doctors will likely require a series of laboratories to validate their observation.

          ‘Our system is not yet perfect for laws like that. Doctors will become ‘defensive doctors.’ So, instead of giving priority to the welfare of the patients, they will protect themselves first against any possible complaints from patients,’ he said, adding that this may also drive physicians even more to go out of the Philippines.

          According to civil service and professional regulation panel chair and Bohol Rep. Kristine Alexie Bohol, the measure will replace the 64-year-old Medical Act of 1959.

          Bohol said the salient features of the proposed measure includes the integration of the Philippine Medical association as the Integrated Philippine Medical Association under which all licensed doctors shall be members.

          She added that such membership shall be a prerequisite to practice the profession. Golez said the measure shall upgrade the medical curriculum, its training and standard of practice.

          He added that existing legislation does not include advances in the field of medicine such as the use of telemedicine, robotic surgery and freezing of embryo.”

          Well, probably a modern malpractice law would provide patients with quality control – and doctors with more predictability in cases like that of Dr. Iggy which seems a bit messy.

          https://issuances-library.senate.gov.ph/bills/senate-bill-no-1720-13th-congress-republic

          Maybe Karl can check what happened to Senate Bill 1720 of 2004 filed by Sen. Osmena requiring malpractice insurance for doctors. Seems it didn’t get anywhere.

          • LCPL_X says:

            If i were a doctor. I’d focus on either oncology or cosmetic surgery. or both.

            just focus on stage IV cancer diagnoses. if they live more buy more time for them patients are happy, if they die but you give ’em lotsa morphine for pain and to quicken death family is happy win-win-win.

            as side hustle do cosmetic surgery and give Filipinos nose bridges just focus on that. demand is high for nose bridges there, no pun intended. lol. simple surgery can’t go wrong especially with AI assisted before and afters photos.

            I shoulda been a doctor there, Ireneo. i’d be a billionaire now, with the pesos to dollar exchange rate a millionaire in dollars. just focus on cancer and noses. no need to worry about malpractice.

            But…

            i’ll have money saved up and placed in money market investment schemes or American municipal bonds, so if there is any complaints i’d just pay off individually quietly or hire a hitman to get rid of the problem if the problem persists (P15,000 pesos at most per hit professionally done like accident).

            • morphine usually for Anesthesiologist with sub specialty in pain management. smarter ones have a hospice

              • kasambahay says:

                oxycontine, morphine and fentanyl are commonly used for pain management, but there are capped I think. they are also very addictive. when cap is reached, no matter how many mls are given, it has no affect. kaya, patients are then transfered to another line of treatment before hand.

                sa hospice po, that is mostly end of life care for people nearing their end, people who have poor prognosis like end stage cancer patients, and recovery is no longer discussed but who knows? miracle can happen. those at hospice are given ‘qualify of life’ care, making them comfortable and pain free. until they depart this life.

          • information is important. just a listing of counts of deaths or star rating per doctor would be awesome

            • kasambahay says:

              ratings might be problematic. doctors at public hospitals are scrutable by the public, not so those at private hospitals. public hospital records can be release to the public a per govt order, but private hospital records are summat exceptions. and sometimes, private hospitals dont share their records.

              those that settle privately with their doctors, no record exist. they’re private and confidential known only to the doctor and patient concerned.

              • I’ve seen a website with reviews and wait times for facilities in UK NHS something as simple as knowing how long they will make you wait would be a godsend here as you never really know here

              • kasambahay says:

                I think, I know the system there. in public hospitals like those maybe in nhs, for every 30 minutes follow up consultation, 3 patients are booked, 10minutes for each patient. budget is tight. god have mercy on you if your health history is complicated and takes more than 10 minutes to review. you’ll be rushed and others will start complaining and abusing doctor, doctors are then stressed and security guards may have to be called to pacify angry patients.

                appointment times are not always on the dot. people still have to wait. worst if there is motor vehicle accident or terrorist attack! those bleeding with head wounds take priority and all others are put on hold. sometimes, you can wait for 8hrs just to be seen. but on good days, you’ll breeze through!

        • i disagree and agree. agree that they should have a way for quality control but disagree with courts

          • kasambahay says:

            apparently, court is the final arbiter specially when patients and doctors cannot reach an agreement and there is impasse.

            as regard qualilty control, not all doctors subscribe to it. some doctors are late in submitting paper work, some are non compliant and cannot be made to submit paper work. some even have a temper and go head to head with hospital admin. and some doctors are addicted to pain killers. still, other doctors are like politicians, cover up their misgiving by being philanthropists, gives much to charity, etc, in the hope that their failures and mistakes are overlooked. those seriously affected by doctors failure and mistakes, sue.

            quality control maybe only as good as the paper work that supports it, plus testimonials of patients contented and happy with the care they received. though some testimonials are fake and patients are ghosts.

            despite all, there are really good doctors, dedicated to their profession and give excellent care.

        • small claims courts should have up to a million. then push insurance.

      • I know that simple folk like kb – assuming she is what she says she is – sometimes rejoice when one of the privileged is “taught a lesson” but that may not even be a fair verdict and doesn’t make life fairer for the man on the street.

        Re justice I asked Bard the question “is the Philippine justice system a mess and how can it be fixed” and this is one of the simpler answers I got:

        “The Philippine legal system is a complex and often criticized one. There are many factors that contribute to its problems, including:

        Backlog of cases: The Philippine court system is overburdened with cases, which leads to long delays in the administration of justice. This backlog is caused by a number of factors, including a shortage of judges and prosecutors, as well as a lack of adequate resources.

        Corruption: Corruption is a serious problem in the Philippines, and it affects the legal system as well. Judges and prosecutors have been accused of taking bribes to influence the outcome of cases. Additionally, there is a lack of transparency and accountability in the legal system, which makes it difficult to root out corruption.

        Inefficiency: The Philippine legal system is often inefficient and bureaucratic. This is due in part to a lack of technology and modern equipment, as well as a lack of training for court personnel. As a result, cases can take years to resolve, and litigants often find themselves frustrated by the slow pace of justice.

        Lack of access to justice: Many Filipinos do not have access to justice. This is due to a number of factors, including poverty, illiteracy, and a lack of awareness of legal rights. As a result, many people are unable to afford legal representation, and they are often unaware of their rights as defendants in criminal cases.

        These problems have a number of negative consequences for the Philippines. They undermine the rule of law, make it difficult to attract investment, and contribute to a sense of impunity among criminals.

        There are a number of things that can be done to fix the Philippine legal system. These include:

        Reducing the backlog of cases: This can be done by hiring more judges and prosecutors, as well as providing them with more resources. Additionally, the court system can be made more efficient by using technology and modern equipment.

        Fighting corruption: This can be done by increasing transparency and accountability in the legal system. Additionally, the government can establish a strong anti-corruption agency and provide it with the resources it needs to investigate and prosecute corrupt officials.

        Improving efficiency: The legal system can be made more efficient by streamlining procedures and reducing bureaucracy. Additionally, court personnel can be given more training to improve their skills and knowledge.

        Increasing access to justice: This can be done by providing legal aid to the poor, as well as educating people about their legal rights. Additionally, the government can establish a system of alternative dispute resolution to provide people with a more affordable and accessible way to resolve their legal disputes.

        Fixing the Philippine legal system will be a long and difficult process, but it is essential for creating a more just and equitable society.”

        Creating a more level playing field is I believe important even if you can’t change stuff overnight and stuff will never be perfect.

        • LCPL_X says:

          Bribery seems suspiciously what happened here due to how quickly the decision was made as soon as doctor’s lawyer screwed up procedurally hell maybe that part was also in concert with the judge. defendant atty. plus judge like a two for one deal bribe thus throwing the good orthopaedist under the bus.

  13. OT musical intermission and this surprised even me.

    This Filipina just won the Golden Buzzer in Croatia’s Got Talent..

    Singing in Croatian and wearing Croatian traditional clothing

    • Micha says:

      Recently discovered Olivia Rodrigo, Grammy award winning songwriter and artist who I thought was some Latina or Mexican. Turns out her dad is Filipino and she grew up used to eating Pinoy food and it sure looks like the American gen Z crowd is crazy about her.

      • Karl Garcia says:

        Very good to know. Naalala ko yung Filam sa American idol noon mid 2000s na si Jessica Sanchez , dumalaw sa Pinas. Iba ng hitsura mukang na thank you doctor na .

        • Micha says:

          Kept hearing Olivia’s hit songs being played on my car radio which I, at the time, have no idea who’s actually the voice behind those songs. Was assuming it might be Billie Eilish or even Ariana Grande. It was only a couple of days ago that I found out from a Youtube feed and was since then hooked by the many algorithm fueled videos about her.

          Her Filipino-ness might just be confined to saying “maraming salamat po” or indulging in pork sinigang and adobo because she’s the daughter of 4th generation Filipino immigrant and a California sub-urbanite whose 50% DNA is of Irish-German strain so she doesn’t have to do a Jessica Sanchez to appear “whitish” enough.

  14. Micha says:

    OT newsflash:

    Two Bataan representatives, Albert Garcia (2nd district) and Angela Garcia (3rd district), voted NO on the proposed Nuclear Energy Safety Act.

    Nuclear energy has of course been severely maligned because of that white elephant in Morong but transitioning from dirty fossil fuel to clean sustainable energy will have to eventually involve the use of atomic fission (or fusion) power.

    • I don’t agree with Nuclear for the Philippines if Filipinos will run it. Outsource it to some country with high standards let’s just buy energy from them. Create an ASEAN grid and electricity market, we can pass it through Mindanao. Mindanao will get cheap energy which may attract investors in the BARMM

      • Micha says:

        Enough disincentive for outsourcing our energy supply, chief of which is loss of sovereignty due to possibility of being blackmailed for geopolitical policy disagreements down the line. They can always turn off the tap.

        At minimum, we need 3 plants for Luzon, Visayas, and Mindanao staffed and operated by well trained Filipino engineers and scientists initially supervised by foreign experts.

        The San Miguel/Aboitiz/Meralco operated coal and diesel fired power plants are too dirty for environmental and climate mitigating objectives.

        But sure, phaseout jeepney PUVs instead.

        • just can’t see nuclear and Filipino petiks being a good mix. I would rather something more benign like wind or solar for the Filipino petiks mentality.

          • Micha says:

            If we allow the petiks mentality to suck us all in then yes, it will be our failure as a people for being unable to rise above our selfish individual affairs leading to collective sclerosis and irreversible decay of what we could still call a country.

            Wind and solar are insufficient and not totally benign as this docu film shows :

            • kasambahay says:

              filipinos mahilig sa patigi-tigi, kung ano ang kaya ay siya ang matutupad. massive solars like those in china, e halos kapos na tayo ng lupa, kahit yong georeserve natin, gagawing business hub.

              resistant ang walang kaya to jeepney modernisation, they want to live today, tomorrow can worry about itself. and the haves are mostly hoarding wealth, not keen to help their fellow beings and lower the cost. for an individual, the cost of modernisation is staggering. with barely affordable bank loans, they would have to sell their ari-arian and impoverished themselves even more.

              dapat patigi-tigi yong deadline, o voluntary at hindi pilitan. let those medyo may kaya modernised first, so others can see how viable modernisation truly is. if modernisation caused many to be bankrupt, baon sa utang and barely able to make a living, many would say modernisation can lump it! no can do.

              • kasambahay says:

                solar panels have a lifespan of around 10yrs, then they become part of the landfill, many are not recyclable. the cheaper they are, the less climate friendly and the more they fill the landfill.

                electric vehicles can be problematic and catch fire on their own. it’s probly the battery, they reckon. saka, the batteries also have a lifespan of around 10yrs. e-vehicles are sometimes left abandoned, there is world wide shortage replacement batteries.

                they would have to mine like hell mostly in 3rd countries that have cheap labor and poor climate records, and destroy the planet even more, just to get those much needed minerals out the ground and into production lines. more batteries for e-vehicles.

                and when I hear that 2/3 of AI workers live in slums, I dont want to hear anymore. so depressing.

              • Karl Garcia says:

                I am for zero land fills and dumps.
                Only so much can be sold to junk shops.
                Manufacturing
                has wastes too.

                So many tried and tested tech like plasma gasification.
                even toxic waste except for nuclearcwasre can be handled by plasma gadification.

                Pumalpak kasi yung sa UK,nagbbackout ang mga investor, may kumalat sigurong tsismis. Maaring fake o half truth.

                For now stick to rdf as coal alternatives in cement plants and coal power plants.

                What will Indonesia and Oz do with their coal?
                If plastic alternatves are glass jars, titanium bottles..I do not see why people will forego plastic usage.

              • Karl Garcia says:

                the jeepney strikes seemed to result to an almost win win. Until there is a win win…standby for the next strike.

                as for our sachet mentality and the three gives or more installment.

                daily survival so di na compute kung mas mura ang buy in bulk or 2 gives or less.

                but apps like maya app and the new gcash features, makes the number of banked people increase so savings increased. plus gcash loans promises safety from scammers.

              • kasambahay says:

                karlG’s what will oz will do with its coal? seriously, china buys them up, oz has 1st quality grade coal and china can never have enough of it! china needed to power its manufacturing plants that produce renewables for the energy hungry world. kaya, ito chicken or the egg ang hantungan. apparently, brazil has cheaper coal but not as good as oz, and china buys them too.

                oz needs the coal as back up, in case the sun is absent for days and the wind doesnt blow, or when those troublesome wind turbines breakdown and replacement cannot be found soonest.

              • transport is a clusterfuck of issues. imagine that heavily subsidized systems in the EU have occasional strikes, now scale that to an unsubsidized system with urban sprawl. easily 5Xs the problems

          • Karl Garcia says:

            sabi nila, pinoys work hard and not smart.

            in general maybe that is a middle class thing. Rich has no problem with money and the poor has no money for it to become problem….dont know if sensical.

            • kasambahay says:

              multitaskers tayo, doing two things at the same time. we walk while checking our phones, we eat and shop at the same time, checking for bargains in places like divisoria.

              at paminsan kung paspasan ang trabaho and there is quota, pinoys work hardest, putting their heads down and barely stopping to eat. and rarely complain too, working like carabaos. dependable.

              if I have to work hard and be smart as well, I would have to be paid more.

              there is emerging trend, workers work for the amount they are paid, nothing less nothing more. they call it quiet quitting.

              • Karl Garcia says:

                Other translation of ningas kugon is eager quitter.

              • Karl Garcia says:

                Literally cogon fire. Flashy but pfft in a few seconds. Fireworks o pasiklab paimpress paandar sabay tirik dahil palyado.

                I disagree with that mediocrity you mentioned kb. Pinasok mo ginusto mo.

  15. kasambahay says:

    there is much talk about ICC, international criminal court. I think pbbm is doing right in being sovereignty positive by thinking of re-joining ICC again. whereas ex president duterte was sovereignty negative at kumaltas dati sa ICC. either way, sovereignty natin was always there, never bartered, never lost, only now maybe enchanced. when we rejoined ICC, we will among sovereign nations.

    contrary to scaremongers as sara duterte, her side kick imee, bato and robin padilla et al, we are not surrendering our sovereignty, only re-affirming.

    our courts have massive backlog of cases, we might as well let ICC handle some of the cases and free ourselves from the mundane. if judgement goes against duterte et al, it was not our decision but ICC’s, and we can wash our hands accordingly, and rido is prevented.

    and if pbbm is thinking of nominating retired justice antonion carpio, or ex detainee leila delima to ICC, he has my approval! harry roque failed his nomination, but delima o carpio have good chances of gaining nomination.

    • Karl Garcia says:

      Tago na si Bato at si Digong.

      • kasambahay says:

        haha, they can join teves in timor leste at magtago duon. remulla can barely do a thing yata and has yet to win a case.

    • istambaysakanto says:

      So, is the argument of sovereignty issue will be gone if the state rejoins the ICC? Parang sala sa init, sala sa lamig ang mga former enablers at implementor ng EJKs.

      • kasambahay says:

        each time they want to be seen as clever beaver, the enablers will always talk of sovereignty like they have sole monopoly over it.

        but pbbm will have the final say. to rejoin or not, is still being studied, fingers crossed.

      • Karl Garcia says:

        ika nga ni Erap weather weather lang.

        • kasambahay says:

          yeah, like the impeachment treat vs inday sara. the way her political allies have decamped to pbbm’s party, sara might see danger lurking ahead. weather weather impeachment. not if she send the military to naia and stop the presidential plane from landing!

  16. Micha says:

    OT

    What’s driving the poll victories of right wing parties in several countries from Argentina to Netherlands? If elections are held today, Marine Le Pen of France is also favored to win. So does the Alternative for Deutschland Party (AfD) in Germany. Trump is polling ahead for next year’s election.

    Economic pain and suffering, it would seem, is the common theme to exploit for populist call to arms as this fiery orator also did not too long ago.

    https://twitter.com/Lucas_Gage_/status/1728294313657061774

    • kasambahay says:

      all that spittle, they should have bottled it at the 1st chance they’ve got, relic. his body was never found, maybe bec he had escaped to argentina and lived a life of leisure there.

      our very own atty topacio, teves’ lawyer yata, tried to be like hitler, the mo, the hair style, but the late makoy was the better orator.

    • madlanglupa says:

      The Depression of the 1920s is partly what catapulted a frustrated war veteran and house painter to eventual power.

      • kasambahay says:

        for the ails of the world, herren master painter put the blame on one race and then proceeded to rob them blind, stealing all their gold, their paintings, jewels, etc.

        • Karl Garcia says:

          Quezon’s game. We took Jewish refugees. The first husband of my grand aunt in the mother side was a jew. Maybe a part of that group.

    • kasambahay says:

      quality of life ng mga pinoys bumaba kuno according to latest sws survery, and pinoys are feeling the pinch of the high cost of living.

      duh, like we dont know! thanks but no thanks sws. everyday we watch the shrinking value of peso, the prices of commodities going up and up, people having to re-prioritise what is already prioritised. daig pa namin and tight rope walkers, e. walking the finest of line, all these we have to do to live. a mis-step is catasthropic. but god is good and there is always tomorrow.

  17. madlanglupa says:

    I wonder how many lawyers are minted every year, and how many of them still practice after a decade or more. I ask because some of them are paid by retainer, mostly to guard the interests of powerful individuals and corporations.

    That a cunning lawyer is one to be careful with, as they are capable of weaponizing the law into destroying their personal opponents.

    • Karl Garcia says:

      Good that you are back.

      NH, paramdam ka naman kahit off topic.

      • NHerrera says:

        When our Chief Librarian Karl summons I respond. Here is my note to you on Twitter or X today:

        Sorry, Karl, I didn’t see your question till now, not having visited Twitter or X for quite a while. I am OK. I have been away with my wife for about 1.5 years now — in the Northern Hemisphere of the planet. We may take up residence here though I still have our house [rented out] in Metro Manila, and probably go back from time to time. But that is not a comforting thought considering the hassle of air travel at my age, especially in economy class. Best regards to you and your family.

    • kasambahay says:

      a lawyer’s best enemy is another lawyer.

      • Karl Garcia says:

        Delima vs Aguirre and Guevara

        • for someone like Guevara who I deeply respect, I wonder what made him do those things? Joe always asks what information did they know when they act that way. Was it a case of saving someone else? Hope I live long enough to know.

          • kasambahay says:

            collegiality? the grand old duke of york, he has one thousand men, he marched them up and down the hill and march them down again!

            follow the leader! the society of fist pumpers, all for one, one for all. we also lost a chief justice and the one who benefited the most got the coveted prize: the chair.

            • Karl Garcia says:

              someday we’ll know if love could move a mountain (sound track of a walk to remember)

              • kasambahay says:

                we love, respect and admire politicos and celebs but that should not make us blind to their failures and mistakes. and it shows!

                thanks to the wonders of the internet, people can now post their thoughts, response, and opinions. though ex presidential candidate walden bello is probly now finding out how toxic the internet can be. walden bello is up for cyber libel, apparently having maligned an uber cyber celeb now staff of a high profile public servant.

                sana, uber cyber celeb show clemency and forgive old walden bello. give old walden a christmas to remember. and maybe give him lipstick too, haha. for his loose lips!

              • kasambahay says:

                in 2022, apparently pbbm was a totally greenhorn president, any help he can get is accepted, the outgoing admin busy endorsing experienced supplanters into the new admin to be its eyes and ears. and maybe reporting back to dabaw what the new admin is up to, so when another election comes, dabaw inc is very well informed and again, ready to take helm, is what I think.

                now that 2024 is nearing, pbbm has gained confidence and seems to manage on his own, surrounded by people close to him, appointed by him, trusted by him, and have his best interest at heart. kaso, his vice is probly undermining him, behaving like langaw na mas mataas pa sa kalabaw, directing doj to not to cooperate with ICC.

              • Karl Garcia says:

                Even Davao Oriental Digong allies are defecting to PBBM. Wag lang mag pa victim si Sara kuha na ni pbbm ang 2024.
                Savtingin ko dun na nga papunta si Sara sa pagiging pavictim

              • Karl Garcia says:

                Imee to the rescue?

              • istambaysakanto says:

                Guevarra is a good spinner, kung gugustuhin kayang-kayang bukalkalin ang patayang naganap.

                From Rappler reported by Patricia Evangelista
                https://www.rappler.com/newsbreak/investigative/213154-tondo-vigilante-gang-war-on-drugs-series-part-one/

              • kasambahay says:

                here’s my opinion: I think guevarra is too close to duterte, there is doubt where his clarity of vision is centered.

                he offered to help the families of victims prepare paperwork for submission to ICC but did not offer them safety. there is fear that when they come forward, give their names and show their faces, they’ll be signing not only their statement but also their death warrant.

                docus of the 6K victims of ejk is what guevarra can apparently give ICC but ICC is seemingly seeking the 30K or so numbers of tokhang victims noted. ICC is apparently not allowed to come here where maybe, they can see for themselves the families of victims and meet the organisations that collate true ejk data; their data may contradict tokhang official tally.

                filipinos have filed criminal case vs duterte in ICC, if ICC come here, it is because philippines has a case to answer and ICC is following it up.

                dont want ICC to come here? okay, fine, tell those pinoys who originally filed the case in ICC to withdraw their complaints. and that should be the end of story.

                for complainants to withdraw their complaints it’s maybe because they have made a deal with the lawyers of duterte et al, and will accept compensation and settle out of court.

                warning: ensure compensation is paid and families of victims receive what is due them, else it’s just a broken promises, duterte et al are absolved, but compensation never come.

                and that’s the extend of my opinion in this matter.

              • kasambahay says:

                master spinner ought to show delikadiza and make a declaration that he was duterte’s doj chief from 2018 to 2022. hence he could well be biased, partisan and ought to recuse himself in ICC discussion.

                when pbbm won the presidency in may 2022, he inherited guevarra from duterte’s previous admin and re-appointed guevarra solgen.

                allegedly, as one time duterte’s legal henchman, guevarra really ought to recuse himself and let justice run its course.

    • kasambahay says:

      30days maglukluksa ang pamilya niya ngayon, ugali natin iyan. they will likely have a sad christmas and days spent in prayers.

      we lost legendary comedians the likes of dolphy and now mr shooli. I hope st peters at the pearly gates above will be easy on our dearly departed comedians. may they rest in peace.

  18. OT again.. Joy Esquivias of Sorsogon is now in the Voice Germany finals.

    She already was familiar with the song she sung at the semifinals BTW..

    With every performance she gets securer on the big stage which is great.

  19. Karl Garcia says:

    Re Malpractice suit

    In the case of places lucky to be visited by a medical mission, all the doctors can do is check them up and give instructions and reseta and requests. Those who can travel far go as far as PGH for healthcare. Others do nothing and rely on batman.

    When there many places with nonhospitals or health centers, doctp.rs to the barrios can be overwhelmed and nake judgement calls. Will you sue them if give they wrong diagnosis?

    • istambaysakanto says:

      Most probably not, rural folks are not litigious people.

      Patient’s history , chief complaint, signs and symptoms are some of the factors in evaluating a patient. However, in some cases , those with underlying medical conditions, w/o diagnostic tests (lab, imaging tests, etc), rural med practitioners I think refer them to specialist doctors.

    • kasambahay says:

      mr malasakit, sen bong go, has opened 158 malasakit centers all over our country for the indigents and the poor who cannot afford health care or to go to hospitals for fear of sky rocketing medical bills. mr malasakit said the centers are all ready to serve, all expenses sagot ng gobyerno.

      apparently there is fraudulent claims, people fronting up with bronchitis, but medical records said they had pneumonia and were treated for pneumonia, the dept of health likewise billed for pneumonia. it is alleged treating bronchitis is simpler and cheaper than pneumonia, but that’s philhealth’s problem, they have to sort that out with their doctors.

      similarly, epidemiological statistics as regards morbidity and mortality in designated regions may not be reliable and may not be true representative of diseases noted. and that may explain why doh budget is never enough.

      • kasambahay says:

        as well, sa probinsya, lots of people there are fatalistic, dyos na ang bahala and maybe it was will of god they have to die, or have accidents. then they pray to god for deliverance. faith can move mountains! poor people are very adaptable, and learn to live and ilk a living despite being handicapped.

        poor people have sold their kidneys to the highest bidder, and often duped. allegedly given only 10K when the real price is 70K, the middle men, the doctors and clinics seemingly have lucrative trade. paid organ donors are prescribed medication, then mostly left to fend for themselves with barely any recourse if things go wrong; the price they have to pay for deals made under the table.

        • kasambahay says:

          incidentally, poor people with renal disease travel to the city for dialysis treatment, ang medical expenses nila sagot ng philhealth. dialysis cost maybe between 2K-5K per session, patients are then booked for next and subsequent dialysis treatment. kaso, it has been alleged na kahit patay na yong pasyente, doctors seemingly continue to charge philhealth as per subsequent bookings.

      • Karl Garcia says:

        to fund this you need need to drink and smoke more for more chances of sin tax.

        • kasambahay says:

          ahem, if politicians try curve their greed and not to kulimbat limpak limpak na pera from the kaban ng bayan, there might be enough money to go around. pharmally execs got away, their cohorts and enablers in doh got away. the previous admin allegedly salted so much confidential funds for themselves, though pbbm did not say how much money was left when he took over from digong.

          we have it on record ex president noy left trillions when his term finished, money that digong apparently squandered freely, loosely and with not a care in the world.

          • kasambahay says:

            it seems coa, committee on audits, have hard time making politicians and govt agencies accountable for the public funds allocated to them. top public servants are very slow in handing receipts and can barely show how and where they have spent their funds, sometimes probing it takes years. apparently some funds are not liquidated, parked and sitting idly in banks doing nothing, thus earning interests for politicos, their extra income.

            and when asked further by coa, some politicians took umbrage and told coa, to show respect and stop asking where the money went! its bellow their dignity, supposedly.

            • Karl Garcia says:

              Si JPE at Omelfofic abswelto.
              Baka lahat ng sequestered maibalik pa sa mga Marcos and Marcos cronies.

              • Karl Garcia says:

                imeldific

              • istambaysakanto says:

                PCCG is gone already, safe na sila. A new one is emerging that enable uncontrolled greed .

                From Rappler:
                ABS-CBN entered into the deal after suffering a shutdown and non-renewal of franchise during the Duterte administration and the height of the pandemic in 2020. Romualdez, who was the House majority floor leader at that time, and wife, Tingog Party Representative Yedda Marie, were among the 70 members who voted against the franchise renewal.

                https://www.rappler.com/business/mapping-businesses-companies-speaker-martin-romualdez/

              • kasambahay says:

                apparently the husband and wife team are uber busy strengthening and consolidating their business interests now that they’re in the inner sanctum of power, probly never heard of conflict of interest, just their own interest above all else. with their inside knowledge of what’s in and what’s trending, who is who and who is not, they have the pick of the creme de la creme, both here and abroad.

                my only gripe is that they ought to help alleviate the sufferings of the poor, share and give to taumbayan and lessen the misery of the hapless, the homeless and the destitute.

            • based on my experience it is worse. COA makes everything inefficient and slow while not really slowing down evil people. This is because evil people just send bullets in the mail. so we have a big bureaucracy that is cowed by the warlords but makes life extremely difficult for normal government employees to the point that COA is a drag to the economy as it is one of the major reasons for severe underspending.

              • Karl Garcia says:

                Sandigan Bayan also has irs hands full even with reforms

              • kasambahay says:

                last I know, coa has one chairperson and two commissioners and between them, they have the whole of the philippines to audit and check as regards govt overall transactions. they may have staff and few workers under them and that’s about it. work maybe slow but mabusisi.

                all coa wants is for politicians to show receipt of all govt expenditures entered into. politicians like ex vp leni robredo has met coa gold standard of reporting, few others like joy belmonte of quezon city also met coa gold standards too.

                politicians can spend on any projects of their choice and whatnots so long as they kept receipts. kaso, coa has been known to knock back expenses of govt agencies with their excessive christmas parties, hiring several santas to give gifts to staff when one santa will do, or staff can exchange gifts themselves. bloated purchases made by politicians like bullet proof cars na nakaparada lang and rarely used dahil sa sobrang takot sa riding in tandem, on top that, meron pa silang mga personal security guards.

                if they are that scared of their workplace, they should have thought twice of entering public service. yong mag estudyante nga sa mindanaw southern university, they were not elected into public office and yet nasabugan ng ied, improvised explosive device. life is always risky.

  20. kasambahay says:

    I hope the article below helps re: medical malpractice.

    https://www.fnslaw.com.ph/medical-malpractice-4-elements-to-understand/

  21. NHerrera says:

    Gian, I read through the commentaries of the current blog. Here is what piqued my interest: @LCPL_X money-making job in the Philippines — A combination Oncology and Cosmetic Surgery Doctor specializing in Stage IV cancer and nose bridge job.

    LCPL_X, my friend, you are OK.

    • Related to that, the before and after of the former Tawag ng Tanghalan participant Mary Gidget dela Llana with her original nose and the global star Gigi de Lana with a sharp nose, soon to go on US/Canada tour in April and May..

      She does joke in the video below, for instance, that her answer to bashers who say she “pangit ka retokada ka” is to recommend the doctor who did her nose job.

      She did deal with it very openly even in telling reporters how the healing went after stitches.

      For LCPL_X, Gigi de Lana and the Gigi Vibes will be in LA come April 20.

      This is the former history and politics columnist turned showbiz reporter Irineo, signing off.

      • NHerrera says:

        Ah, my friend, @Irineo B. R. Salazar — jack of all trades spanning a wide spectrum: history, politics, showbiz, including the nose jobs ( 😂 ) of those in the showbiz.

    • LCPL_X says:

      NH,

      Good to see you back!

      I think i’ll also have an exit thru the gift shop type set up in my practice there, and stock it up with skin whitening products!!! lol.

      And run an ad campaign promising everyone there can look like Olivia Rodrigo. and call it the Micha special. lol.

      Ms. de Llana looks hot, but I gotta admit I do prefer the authenticity of the original, Ireneo. so the irony of my business model is precisely the opposite of the eye of the beholder. insecurity, always good for business.

      Wanna be an investor, NH? we’ll corner the cancer and nose bridge market over there. a true one stop shop. we’ll even have an after death deal especial for nose bridges a lot cheaper just for the wake , a nose bridge— go out in style.

      Hope you’re staying warm.

      • NHerrera says:

        Wow, what a business.

        I suppose you are one of those who wants to live beyond 100. Bright as the idea is, we may not be up to actually implementing it, what with our creaking knees and all that. Let the younger ones here take this idea and (I am hinting) hopefully they will let us share in the windfall from the business.

        Yes, I am keeping warm. The nice thing about the cool/ cold weather is that one has a built-in way to counter that, even while out of the car or house. You layer up and when in a building layer down, carrying the other layers in a large tote bag. Not so in a hot humid place when out. One can’t carry a portable aircon. But people adapt, don’t they?

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.