Medical Jurisprudence Civil Law

Dr. Epifania Anuales-Jinon, MD  Form of private law and governs relationship

Legal Medicine between individual citizens
Criminal Law
LEGAL FUNDAMENTALS  An aspect of public law and relates to conduct which
General Divisions of Law the State considers with disapproval and which it
1. Natural Law seeks to control or eradicate
2. Positive Law Labor Law
a. Divine Law  Governs and regulates relationship of employers and
b. Human Law employees
i. General/public Administrative Law
ii. Individual/private  Administers, governs and regulates administrative
bodies
Private Law Civil Service Law
 Governs relationships among individual citizens  Law in the public service
Remedial Law
Public Law  Methods of enforcing rights
 Governs relationships between the state and the Commercial Law
people  Business law
Case Laws
Law or Statutes  “jude-made” law; based on judicial decisions
 Body of rules of action or conduct prescribed by
controlling authority and having binding legal force APPLICATION OF LAWS
 Must be obeyed and followed by citizens subject to  Before a law becomes effective, PUBLICATION is
sanction and legal consequence indispensable.
 Includes:  Laws are generally prospective, unless it specifically
o Statues enacted by legislature provides for a retroactive effect
o PD and Eos
o Ruling of the supreme court STATUTORY CONSTRUCTION AND INTERPRETATION
o Rules and regulations promulgated by the  Where terms of the law is clear and unambiguous,
administrative or executive officers just apply the law.
o LGU Ordinances  Intent of the law prevails.
 Criminal statutes are construed strictly
Functions of Law  Supreme court cannot expand the law.
 Keep the peace  Between specific and general rule, the former
 Shape moral standards prevails.
 Promote social justice  EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS.
 Maintain the status quo Expressed mention of one person, thing, act or
 Facilitate orderly change consequence excludes all others.
 Facilitate planning  Principle of EJUSDEM GENERIS.
 Provide a basis for compromise o General terms follow the designation of
 Maximize individual freedom particular things or classes of persons/
subjects, the general term will be construed
Sources of Law to comprehend those things or persons of
1. Legislative the same class or of the same nature as
2. Executive those specifically enumerated.
3. Judiciary  SHALL VS. MAY
The 1987 Phil Constitution is the Supreme Law of the Land o Shall - command, compulsory.
o May - discretionary
Important laws which affect medical practice in the
Philippines DECISIONS OF THE COURT is its judgment of the case
1. Phil Constitution
2. Criminal law Only the decisions of the Supreme Court establish
3. Civil law jurisprudence or doctrines in the Phil jurisdiction
4. Labor law
5. Administrative law
6. Civil service law
7. Remedial law
8. Commercial
9. Case law
Doctrine of Binding Precedent or Stare Decisis
 Once a decision (precedent) on a certain facts has
been made, the courts will apply that decision in
cases which subsequently come after it embodying
the same set of facts
DOCTRINE OF RES JUDICATA
 Parties should not be permitted to litigate on the
same issue more than once when a right or fact has
been judicially tried and determined by a court of
competent jurisdiction, or an opportunity for such
trial has been given, the judgment of the court so
long as it remains un-reversed should be conclusive
upon the parties
BASIC LEGAL PRINCIPLES
Jurisdiction
 The power and authority of a court to hear, try and
decide a case; the power and authority to hear and
determine a cause or the right to act in a case
(Gubat)
Venue
 Place where the case is to be heard or tried.
 In criminal cases, the venue of the crime goes into
the territorial jurisdiction of the court
 Civil case, where maybe agreed upon
 Real cases, where property is located
 personal actions, where plaintiff or defendant
resides (non- resident defendant – where he maybe
found at the election of the plaintiff)
Action
 An ordinary suit in a court of justice, by which one
party prosecutes another for the enforcement or
protection of a right, or the prosecution or redress
of a wrong
 Civil action, criminal action, special proceeding
Commencement of Action
 Commenced by the filing original complaint in court
Right of action
 Right to commence and maintain an action
Cause of action
 Act or omission by which a party a right of another
 A fact or combination of facts which affords a party a
right to judicial interference in his behalf
 Must always consist of two elements:
o The plaintiff’s primary right and the
corresponding primary duty, whatever
maybe the subject to which they relate
o The delict or wrongful act or omission of
the defendant, by which the primary right
and duty have been violated
Parties to Civil action
 Who may be parties?
o Only natural and juridical persons, or
entities authorized by law may be parties in
civil action
Plaintiff – claiming party, the counter claimant, cross-claimant
Defendant - original defending party, defendant in
counterclaim, cross defendant
Parties in interest
 Real party in interest
o The party who stands to be benefited or
injured by the judgment in a suit, or the
party entitled to the avails of the suit.
o Unless otherwise authorized by law, every
action must be prosecuted or defended in
the name of the real party in interest (Rules
of Court)
Representatives as parties
 Where an action is allowed to be prosecuted or
defended by a representative or someone acting in
fiduciary capacity, the beneficiary shall be included
in the title of the case and shall be deemed to be the
real party interest
Necessary party
 One who is not indispensable but who ought to be
joined as a party if complete relief is to be accorded
as to the already parties, for a complete
determination or settlement of a claim subject of
the action
Class suit
 When subject matter of controversy is one of
common or general interest to many persons so
numerous that it is impracticable to join all the
parties
Indigent party
 Party who has no money or property sufficient and
available for food, shelter and basic necessities for
himself and his family, as determined by the court
upon an ex-parte application and hearing; shall
litigate with free docket and other lawful fees.
Criminal action
 One by which state prosecutes a person for an act or
omission punishable by law
Criminal Law
 REVISED PENAL – the most important source; most
important in the Phil Legal system as far as medico-
legal practice is concerned because it needs an
expertise of physicians, medicolegal officers, health
officers and paramedics
Civil Actions
 One by which a party sues another for the
enforcement or protection of a right or the
prevention, or redress of a wrong
Ordinary Civil actions - governed by Civil code
Special Civil actions – subject to specific rules