Definitions
LEGAL MEDICINE JURISPRUDENCE
branch of medicine that deals with the application of
medical knowledge to legal problems and legal
proceedings. ( the purposes of law and in the
administration of justice )
aka Forensic Medicine
FORENSIC MEDICINE
The branch of Legal Medicine dealing with the
application of medical knowledge to establish facts in
civil or criminal legal cases, such as an investigation
into the cause and time of a suspicious death.
Also known as forensic pathology.
MEDICAL JURISPRUDENCE
The branch of law that deals with the
APPLICATION of law to the Practice of Medicine.
● It also deals with the organization and regulation of the
medical profession;
● the contractual obligation of a physician or a health
practitioner to the patient;
● the professional relationship to his or her colleagues;
● and the duties imposed in the practitioner by the state
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By Geelleanne Ubalde
Latin term juris prudentia, which means "the study,
knowledge, or science of law.”
Focuses on finding the answer to such abstract
questions as “What is the meaning of the law? or in
the Philippines, how did the Supreme Court
interpreted or applied the law.
Q. H and W were married. Five years after their marriage,
they still have not been blessed with a child. They
consulted Dr. X who revealed to them that H has
Azospermia. W had an affair with L. Later, W gave birth to
B. DNA test revealed that B’s DNA matched L’s DNA. H
filed a criminal case against W and L for adultery. Dr. X
was presented as a witness to reveal the condition of H.
W was convicted as an adulteress. Who is the father of B?
A. Children conceived or born during the marriage of the
parents are legitimate. (ART 164 Family Code). The child
shall be considered legitimate although the mother may
have declared against its legitimacy or may have been
sentenced as an adulteress. (Art. 167, Family Code of
the Philippines)

B. RULES OF COURT: RULE 138 ATTORNEYS
AND ADMISSION TO BAR Section 5.
Section 5. Additional requirements for other
applicants. — All applicants for admission other than
those referred to in the two-preceding section shall,
before being admitted to the examination, satisfactorily
show that they have regularly studied law for four years,
and successfully completed all prescribed courses, in a
law school or university, officially approved and
recognized by the Secretary of Education. The affidavit of
the candidate, accompanied by a certificate from the
university or school of law, shall be filed as evidence of
such facts, and further evidence may be required by the
court.
No applicant shall be admitted to the bar examinations
unless he has satisfactorily completed the following
courses in a law school or university duly recognized by
the government: civil law, commercial law, remedial law,
criminal law, public and private international law, political
law, labor and social legislation,medical jurisprudence,
taxation and legal ethics.
C. CONSTITUTION ARTICLE 12
NATIONAL ECONOMY and PATRIMONY
Section 14.
Can a Japanese Physician practice in the PH? (Gen. No EXC
in RA 2382)
Section 14.The sustained development of a reservoir of
national talents consisting of Filipino scientists,
entrepreneurs, professionals, managers, high-level
technical manpower and skilled workers and craftsmen in
all fields shall be promoted by the State. The State shall
encourage appropriate technology and regulate its
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transfer for the national benefit.
The practice of all professions in the Philippines shall be
limited to Filipino citizens, save in cases prescribed by
law.
D. REPUBLIC ACT No. 2382 : THE MEDICAL
ACT OF 1959, AS AMENDED BOARD OF
MEDICAL EDUCATION
SEC 1: OBJECTIVES: TO PROVIDE AND GOVERN
1. the standardization and regulation of the
medical education;
2. the examination for registration of physicians; and
3. the supervision, control, and regulation of the
practice of medicine in the Philippines.
SEC 2: ENFORCING AGENCIES
• Board of Medical Education under the
Commissioner of Higher Education
• Board of Medical Examiners under the Commissioner
of Civil Service Commission
SEC 5 - FUNCTIONS OF THE BOARD OF MEDICAL
EDUCATION:
1. To determine and prescribe requirements for
admission into a recognized college of medicine;
2. To determine and prescribe requirements for
minimum physical facilities of colleges of medicine1
3. To determine and prescribe the minimum number
1
to wit: buildings, including hospitals, equipment and supplies, apparatus, instruments, appliances, laboratories,
bed capacity for instruction purposes, operating and delivery rooms, facilities for outpatient services, and others,
used for didactic and practical instruction in accordance with modern trends;
 and minimum qualifications of teaching personnel2
4. To determine and prescribe the minimum required
curriculum leading to the degree of Doctor of
Medicine;
5. To authorize the implementation of experimental
medical curriculum in a medical school that has
exceptional faculty and instrumental facilities. 3
6. To accept applications for certification for admission
to a medical school and keep a register of those
issued said certificate;
7. To select, determine and approve hospitals or some
departments of the hospitals for training
8. To promulgate and prescribe and enforce the
necessary rules and regulations for the proper
implementation of the foregoing functions.
Sec. 6. Minimum required course.
Students seeking admission to medical course must
have a bachelor's degree in science or arts.
Case Name BOME v. Alfonso
G.R. No. 88259 August 10, 1989
FACTS: The Board of Medical Education, pray for a writ
of certiorari to nullify and set aside the order issued by
respondent RTC Judge Alfonso, restraining the
enforcement of closure of the respondent Philippine
Muslim-Christian College of Medicine Foundation, Inc, a
private educational institution, who will "emancipate
2
Including professor-student ratio
3
Such an experimental curriculum may prescribe admission and graduation
requirements other than those prescribed in this Act; Provided, That only
exceptional students shall be enrolled in the experimental curriculum.
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
Muslim citizens from age-old attitudes on health."
In 1985, the Department of Education, Culture and
Sports (DECS) and the Board of Medical Education
(BME) authorized the Commission on Medical Education
to conduct a study of all medical schools in the
Philippines. The, report of the Commission showed that
the College fell very much short of the minimum
standards set for medical schools. Accordingly, the Board
of Medical Education recommended to the DECS the
closure of the College.
ISSUE: WON the Secretary of Education, Culture and
Sports has acted within the scope of powers granted him
by law and the Constitution in the closure of the said
medical school.
HELD: YES. It is well-settled doctrine that courts of
justice should not generally interfere with purely
administrative and discretionary functions involving the
exercise of judgment and findings of facts, because by
reason of their special knowledge and expertise over
matters falling under their jurisdiction, the latter are in a
better position to pass judgment on such matters and
their findings of facts in that regard are generally
accorded respect, by the courts. Here, the Secretary
exercises the power to enjoin compliance with the
requirements laid down for medical schools and to mete
out sanctions where he finds that violations thereof have
been committed. The, members of the evaluating team
came from the different sectors in the fields of education
and medicine, and their judgment in this particular area is
certainly better than that of the respondent Judge.
Respondent Judge gravely abused his discretion in
substituting his judgment for theirs.
NMAT
- Is a prerequisite for medical colleges or school
- An aptitude test which is considered as an
instrument toward upgrading the selection of
applicants for admission into the medical schools
and it is calculated to improve the quality of medical
education in the country.
- Starting school year 1986-1987 no applicant shall
be issued the requisite Certificate of Eligibility for
Admission or admitted for enrollment without the
required NMA
Case Name TABLARIN vs. GUTIERREZ
G.R. No. 78164 July 31, 1987
FACTS: The petitioners sought admission into colleges
or schools of medicine for the school year 1987-1988.
However, the petitioners either did not take or did not
successfully take the National Medical Admission Test
(NMAT) required by the Board of Medical Education.
Petitioners filed a case with the Regional Trial Court to
enjoin the Secretary of Education, Culture and Sports,
the Board of Medical Education and the Center for
Educational Measurement from enforcing RA 2382, as
amended, and MECS Order No. 52 and from requiring
the taking and passing of the NMAT as a condition for
securing certificates of eligibility for admission, and from
administering the NMAT in the future. The trial court
denied said petition.
ISSUE: : WON RA 2382, as amended, particularly the
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requirement of the NMAT offend against the
constitutional principle which forbids the undue
delegation of legislative power, by failing to establish the
necessary standard to be followed by the delegate, the
Board of Medical Education.
HELD: NO. The general principle of non-delegation of
legislative power, must be applied with circumspection in
respect of statutes which like the Medical Act of 1959,
deal with subjects as obviously complex and technical as
medical education and the practice of medicine in our
present day world. The standards set for subordinate
legislation in the exercise of rule making authority by an
administrative agency like the Board of Medical
Education are necessarily broad and highly abstract. The
standard though does not have to be spelled out
specifically. It could be implied from the policy and
purpose of the act considered as a whole. We believe
and so hold that the necessary standards are set forth in
Section 1 of the 1959 Medical Act: "the standardization
and regulation of medical education" and in Section 5 (a)
and 7 of the same Act, the body of the statute itself, and
that these considered together are sufficient compliance
with the requirements of the non-delegation principle.
Case Name DECS v. San Diego
G.R. No. 89572 12/21/89
FACTS: San Diego is a graduate of UE with a degree of
Bachelor of Science in Zoology. He claims that he took
the NMAT three times and flunked it as many times.
When he applied to take it again, DECS rejected his
application on the basis of MECS Order No. 12, Series of
1972 which states that “A student shall be allowed only
three (3) chances to take the NMAT. After three (3)
successive failures, a student shall not be allowed to take
the NMAT for the fourth time.” He then went to the
Regional Trial Court of Valenzuela, Metro Manila, to
compel his admission to the test. Judge Teresita
Dizon-Capulong declared the challenged order invalid
and granted the petition of San Diego and held that the
petitioner had been deprived of his right to pursue a
medical education through an arbitrary exercise of the
police power.
ISSUES: 1. WON the three-flunk rule is a violation of
the right to pursue a medical education through an
arbitrary exercise of the police power.
2. WON The three-flunk rule is a violation of the
right to equal protection clause.
HELD: NO. The proper exercise of the police power
requires the concurrence of a lawful subject and a lawful
method. The subject of the challenged regulation is
certainly within the ambit of the police power. It is the
right and indeed the responsibility of the State to insure
that the medical profession is not infiltrated by
incompetents to whom patients may unwarily entrust
their lives and health. The method employed by the
challenged regulation is not irrelevant to the purpose of
the law nor is it arbitrary or oppressive. The three-flunk
rule is intended to insulate the medical schools and
ultimately the medical profession from the intrusion of
those not qualified to be doctors. While every person is
entitled to aspire to be a doctor, he does not have a
constitutional right to be a doctor.
Police power is validly exercised if (a) the interests of
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By Geelleanne Ubalde
the public generally, as distinguished from those of a
particular class, require the interference of the State,
and (b) the means employed are reasonably
necessary to the attainment of the object sought to
be accomplished and not unduly oppressive upon
individuals. In other words, the proper exercise of
the police power requires the concurrence of a lawful
subject and a lawful method.The subject of the
challenged regulation is certainly within the ambit of
the police power. It is the right and indeed the
responsibility of the State to insure that the medical
profession is not infiltrated by incompetents to
whom patients may unwarily entrust their lives and
health.The method employed by the challenged
regulation is not irrelevant to the purpose of the law
nor is it arbitrary or oppressive. The three-flunk rule
is intended to insulate the medical schools and
ultimately the medical profession from the intrusion
of those not qualified to be doctors.
The contention that the challenged rule violates the equal
protection clause is not well-taken. A law does not have
to operate with equal force on all persons or things to be
conformable to Article III, Section 1 of the Constitution.
There can be no question that a substantial distinction
exists between medical students and other students who
are not subjected to the NMAT and the three-flunk rule.
The medical profession directly affects the very lives of
the people, unlike other careers which, for this reason, do
not require more vigilant regulation. The accountant, for
example, while belonging to an equally respectable
profession, does not hold the same delicate responsibility
as that of the physician and so need not be similarly
 treated. There would be unequal protection if some
applicants who have passed the tests are admitted and
others who have also qualified are denied entrance. In
other words, what the equal protection requires is
equality among equals.
ARTICLE III of RA 2382
THE BOARD OF MEDICAL EXAMINERS;
REGISTRATION OF PHYSICIANS
Section 8. Prerequisite to the practice of medicine(21-B-CR)
No person shall engage in the practice of medicine in the Philippines
unless he is at least twenty-one years of age, has satisfactorily
passed the corresponding Board Examination, and is a holder of
a valid Certificate of Registration duly issued to him by the Board of
Medical Examiners.
PRC
- created by PD
-regulated and supervises the practice of
professionals through 42 regulatory boards inc.
Board of Medicine
-It has the following functions:
● Executive- administers, implements, and
enforces the regulatory policies of the National
Government including the maintenance of
professional and occupational standards and
ethics and the rules and regulations relative
thereto.
● Quasi Judicial - Investigates cases
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By Geelleanne Ubalde
against erring examinees and professionals; its
decisions has the same force and effect of the
decisions of the courts of law, with the same
level of authority as a Regional Trial Court.
After the lapse of the period within which to file
an appeal, the decision becomes final and
executory.
● Quasi-legislative- formulates rules and
policies on professional regulation. When
published in the official gazette these rules have
the force and effect of the law.
BOARD OF MEDICAL EXAMINERS
Section 13. The Board of Medical Examiners, its
composition and duties. The Board of Medical
Examiners shall be composed of six members to be
appointed by the President of the Philippines from a
confidential list of not more than twelve names
approved and submitted by the executive council of the
Philippine Medical Association, after due
consultation with other medical associations, during the
months of April and October of each year. The
chairman of the Board shall be elected from among
themselves by the member at a meeting called for the
purpose. The President of the Philippines shall fill any
vacancy that may occur during any examination from
the list of names submitted by the Philippine Medical
Association in accordance with the provisions of this
Act.
 No examiner shall handle the examinations in more
than four subjects or groups of subjects as hereinafter
provided. The distribution of subject to each member
shall be agreed upon at a meeting called by the
chairman for the purpose. The examination papers
shall be under the custody of the Commissioner of
Civil Service or his duly authorized representative,
and shall be distributed to each member of the Board
who shall correct, grade, and sign, and submit them to
the said Commissioner within one hundred twenty days
from the date of the termination of the examinations.
A final meeting of the Board for the deliberation and
approval of the grades shall be called by the
Commissioner of Civil Service immediately after receipt
of the records from the members of the Board of
Medical Examiners. The secretary of the Board shall
submit to the President of the Philippines for approval
the names of the successful candidates as having been
duly qualified for licensure in alphabetical order, without
stating the ratings obtained by each.
before a person could be given a certificate of
registrattion he must pass the Physician’s Board
Examinations administered by the Board of
Medicine
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By Geelleanne Ubalde
PREREQUISITE TO THE PRACTICE OF
MEDICINE(Section 8)
No person shall engage in the practice of medicine in
the Philippines unless he is
1. at least twenty-one years of age,
2. has satisfactorily passed the corresponding
Board Examination, and
3. is a holder of a valid Certificate of Registration duly
issued to him by the Board of Medical Examiners.
Case Name BoMe v. OTA
G.R. No. 166097 July 14,
2008
FACTS: Yasuyuki Ota is a Japanese national,
married to a Filipina, who has continuously
resided in the Philippines for more than 10
years. He graduated from Bicol Christian
College of Medicine on with a degree of
Doctor of Medicine. After successfully
completing a one-year post graduate
internship training at the Jose Reyes
Memorial Medical Center, he filed an
application to take the medical board
examinations in order to obtain a medical
license. He was required by the PRC to
submit an affidavit of undertaking, stating
among others that should he successfully
pass the same, he would not practice
medicine until he submits proof that
reciprocity exists between Japan and the
Philippines in admitting foreigners into the
practice of medicine.
Respondent submitted a duly notarized
English translation of the Medical Practitioners
Law of Japan duly authenticated by the
Consul General of the Philippine Embassy to
Japan, thus, he was allowed to take the
Medical Board Examinations which he
subsequently passed.
Inspite of all these, the Board of Medicine of the PRC,
denied respondent's request for a license to practice
medicine in the Philippines on the ground that the Board
believes that no genuine reciprocity can be found in the
law of Japan as there is no Filipino or foreigner who can
possibly practice there.
ISSUE: WON Ota, a Japanese national, should be
allowed to practice Medicine here in the Philippines.
HELD: YES. R.A. No. 2382 states that, [T]he applicant
shall submit] competent and conclusive documentary
evidence, confirmed by the DFA, showing that his
country's existing laws permit citizens of the Philippines
to practice the profession [of medicine] under the [same]
rules and regulations governing citizens thereof. It is not
stated that it must first be proven that a Filipino has been
granted license and allowed to practice his profession in
said country before a foreign applicant may be given
license to practice in the Philippines. Here, Respondent
has satisfactorily complied with all the requirements
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By Geelleanne Ubalde
Section 17. Rules and regulations
The Board of Medical Examiners, with the
approval of the Commissioner of Civil Service,
shall
1.promulgate such rules and regulations as may be
necessary for the proper conduct of the
examinations,
2.correction of examination papers, and
3.registration of physicians.
CANDIDATES TO BOARD OF MEDICINE
Section 9. Candidates for board examination
Candidates for Board examinations shall have the following
qualifications:
(1) He shall be a citizen of the Philippines or a citizen of
any foreign country who has submitted competent and
conclusive documentary evidence, confirmed by the
Department of Foreign Affairs, showing that his country's
existing laws permit citizens of the Philippines to
practice medicine under the same rules and regulations
governing citizens thereof;
(2) He shall be of good moral character, showing for this
purpose certificate of civil status;
(3) He shall be of sound mind;
(4) He shall not have been convicted by a court of
competent jurisdiction of any offense involving moral
turpitude; and
 (5) He shall be a holder of the degree of Doctor of
Medicine or its equivalent, conferred by a college of
medicine duly recognized by the Department of
Education.
(6)must have completed a calendar year of technical
training known as internship
FELIX MARQUEZ vs. BOME G.R. No. L-24119
August 8, 1925
Nature: Seek to obtain a writ of mandamus
Facts:Petitioner is a graduate of the Chicago Medical
College, having received the degree of M.D. from said
institution on June 8, of the year 1922. No question
appears to have been made by the respondents with
respect to the petitioner's qualifications of the
physician's examinations in other respects, but they
have denied him admission to the examinations on the
grounds that the Chicago Medical College, where the
petitioner was graduated, has been classified as a
Class C medical college by the National Medical State
Board of the United States. For this reason the
respondents, in accordance with the regulations of the
board now in effect, have denied the requisite standing
to said institution and excluded petitioner.
Petitioner argues that under Act No. 3111, and the
regulations now in force, the petitioner is disqualified
to take the examinations; but it is pointed out that at
the time he began and even when he conducted his
course in the Chicago Medical School, said institution
was still recognized as a reputable medical institution;
and the question submitted is whether the petitioner's
case should be governed by the law and regulations in
force at the time of his enrollment in and graduation
from the Chicago Medical School, or by those in force
at the time he filed his application for admission, on or
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
about September 26, 1924
It is submitted for the petitioner that his case
should be governed by the law and regulations at
the time of his graduation. To hold otherwise, it is
insisted, is to make the law retroactive in effect and
to do irreparable damage to the petitioner, who has
pursued his work in the institution referred to in
good faith, believing that said school had the
status necessary to qualify him from examination.
Issue: Whether petitioner has the right to be admitted
for medical examinations
Held: NO. In the argument for the petitioner it is
admitted that
The question whether a medical institution is "a
reputable medical school," in the sense intended
by the law, is vested in the Board of Medical
Examiners, and although the action taken by them
may conceivably, in isolated cases, result in hardship,
nevertheless the interests of the public require that
the board should be free to exercise its judgment
and discretion without reference to the effect of the
determination of the question in particular
instances.
There can in the nature of things be no vested right in
an existing law, which would preclude its change or
repeal. No one who has commenced preparation in a
particular institution has any inchoate right on account
of that fact. If the law were otherwise upon this point, it
would be impossible for the Board of Medical

Examiners to give effect to the knowledge which they
from time to time acquire as to the standing of medical
schools; and an intending physician, upon
matriculating in a particular college, takes upon himself
the risk of changes that may be made in the standing
of the institution by the board.
CERTIFICATE OF REGISTRATION
Section 20. Issuance of Certificate of Registration,
grounds for refusal of same. The Commissioner of Civil
Service and the secretary of the Board of Medical
Examiners shall sign jointly and issue certificates of
registration to those who have satisfactorily complied with
the requirements of the Board.
GROUNDS FOR REFUSAL OF CERTIFICATES OF
REGISTRATION
(1)They shall not issue a certificate of registration to
any candidate who has been convicted by a court of
competent jurisdiction of any criminal offense involving
moral turpitude, or
has been found guilty of immoral or dishonorable
conduct after he due investigation by the Board of
Medical Examiners, or
has been declared to be of unsound mind.
“Shall”- means mandatory application
Section 22. Administrative investigations. In
addition to the functions provided for in the preceding
sections, the Board of Medical Examiners shall
perform the following duties: (1) to administer oath to
physicians who qualified in the examination; (2) to
study the conditions affecting the practice of medicine
in all parts of the Philippines; (3) to exercise the
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By Geelleanne Ubalde
powers conferred upon it by this article with the
view of maintaining the ethical and professional
standards of the medical profession; (4) to
subpoena or subpoena duces tecum witnesses for all
purposes required in the discharge of its duties; and
(5) to promulgate, with the approval of the
Commissioner of Civil Service, such rules and
regulations as it may deem necessary for the
performance of its duties in harmony with the
provisions of this Act and necessary for the proper
practice of medicine in the Philippines.
PRC vs. DE GUZMAN G.R. No. 144681 June
21, 2004
Nature: a petition for mandamus to compel PRC to give
respondent-appellees their licenses to practice medicine
FACTS: After the Professional Regulations Commission
(PRC) released the names of successful examinees in the
Medical Licensure Examination, the Board of Medicine
observed that the grades of the 79 Fatima College of
Medicine successful examinees were unusually and
exceptionally high in the two (2) most difficult subjects of
the exam, i.e., Biochemistry and Obstetrics and
Gynecology.
The Board then issued Resolution No. 19 withholding
the registration as physicians of all the examinees
from Fatima College of Medicine. As noted by PRC’s
statistician consultant, Fr. Nebres of ADMU, compared with
other examinees from other schools, the results of those
from Fatima were not only incredibly high but unusually
clustered close to each other. The NBI Investigation
concluded that the Fatima examinees gained early
access to the test questions.

On July 5, 1993, the respondents-examinees filed a
petition for mandamus before the RTC of Manila to
compel the PRC to give them their licenses to practice
medicine. Meanwhile on July 21, 1993, the Board of
Medicine issued Resolution No. 21 charging the
respondents of immorality, dishonest conduct, fraud and
deceit and recommended that the test results of the Fatima
Examinees be nullified.
On December 19, 1994, the RTC of Manila promulgated its
decision ordering the PRC to allow the respondents to take
the physician’s oath and to register them as physicians.
The same was appealed by the PRC to the Court of
Appeals which sustained the RTC decision. Hence, this
petition.
ISSUES:
1. WON it is a ministerial duty for the Board of
Medicine to issue certificates of registration as
physicians under RA 2382
2. WON the respondent-examinees have the right to be
registered as physicians
RULING:
1. A careful reading of Section 20 of the Medical Act of
1959 discloses that the law uses the word “shall” with
respect to the issuance of certificates of registration. Thus,
the petitioners “shall sign and issue certificates of
registration to those who have satisfactorily complied with
the requirements of the Board.” In statutory construction
the term “shall” is a word of command. It is given
imperative meaning. Thus, when an examinee satisfies the
requirements for the grant of his physician’s license, the
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By Geelleanne Ubalde
Board is obliged to administer to him his oath and register
him as a physician, pursuant to Section 20 and par. (1) of
Section 22 of the Medical Act of 1959.
However, the surrounding circumstances in this case call
for serious inquiry concerning the satisfactory compliance
with the Board requirements by the respondents.
Section 8 of Rep. Act No. 2382 prescribes, among others,
that a person who aspires to practice medicine in the
Philippines, must have “satisfactorily passed the
corresponding Board Examination.” Section 22, in turn,
provides that the oath may only be administered “to
physicians who qualified in the examinations.” The
operative word here is “satisfactorily,” defined as “sufficient
to meet a condition or obligation” or “capable of dispelling
doubt or ignorance.” Gleaned from Board Resolution No.
26, the licensing authority apparently did not find that the
respondents “satisfactorily passed” the licensure
examinations. The Board instead sought to nullify the
examination results obtained by the respondents.
Hence, until the moral and mental fitness of the
respondents could be ascertained, the Board has
discretion to hold in abeyance the administration of the
Hippocratic Oath and the issuance of the certificates to
them. The writ of mandamus does not lie to compel
performance of an act which is not duly authorized.
2. It is long established rule that a license to practice
medicine is a privilege or franchise granted by the
government. It is true that this Court has upheld the
constitutional right of every citizen to select a profession or
course of study subject to a fair, reasonable, and equitable
admission and academic requirements. But like all rights
and freedoms guaranteed by the Charter, their exercise
may be so regulated pursuant to the police power of the
State to safeguard health, morals, peace, education, order,
safety, and general welfare of the people. Thus, persons
 who desire to engage in the learned professions requiring
scientific or technical knowledge may be required to take
an examination as a prerequisite to engaging in their
chosen careers. This regulation takes particular pertinence
in the field of medicine, to protect the public from the
potentially deadly effects of incompetence and ignorance
among those who would practice medicine.
In the present case, RA 2382, as amended, prescribed the
requirements for admission to the practice of medicine, the
qualifications of candidates for the board examinations, the
scope and conduct of the examinations, the grounds for
denying the issuance of a physician’s license, or revoking
a license that has been issued. Verily, to be granted the
privilege to practice medicine, the applicant must show that
he possesses all the qualifications and none of the
disqualifications. Furthermore, it must appear that he has
fully complied with all the conditions and requirements
imposed by the law and the licensing authority. Should
doubt taint or mar the compliance as being less than
satisfactory, then the privilege will not issue. For said
privilege is distinguishable from a matter of right, which
may be demanded if denied. Thus, without a definite
showing that the aforesaid requirements and conditions
have been satisfactorily met, the courts may not grant the
writ of mandamus to secure said privilege without thwarting
the legislative will.
● Administrative case filed with Board of Medicine
(PRC)
No COA for damages, or reimbursement of
professional fees. Because Civil Case yun.
PRC does not have power over(jurisdiction)
damages.
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
GROUNDS FOR REPRIMAND /
SUSPENSION / REVOCATION OF
CERTIFICATE(Section 24)
Any of the following shall be sufficient ground for
REPRIMANDING a physician, or for SUSPENDING or
REVOKING a certificate of registration as physician:
(1) Conviction by a court of competent jurisdiction of
any criminal offense involving moral turpitude;
(2) Immoral or dishonorable conduct;
(3) Insanity;
(4) Fraud in the acquisition of the certificate of
registration;
(5) Gross negligence, ignorance or incompetence in
the practice of his or her profession resulting in an
injury to or death of the patient;
(6) Addiction to alcoholic beverages or to any habit
forming drug rendering him or her incompetent to
practice his or her profession, or to any form of
gambling;
(7) False or extravagant or unethical advertisements
wherein other things than his name, profession,
limitation of practice, clinic hours, office and home
address, are mentioned.
(8) Performance of or aiding in any criminal abortion;
(9) Knowingly issuing any false medical certificate;
 (10) Issuing any statement or spreading any news or
rumor which is derogatory to the character and
reputation of another physician without justifiable
motive;
(11) Aiding or acting as a dummy of an unqualified or
unregistered person to practice medicine;
(12) Violation of any provision of the Code of Ethics as
approved by the Philippine Medical Association.
Refusal of a physician to attend a patient in danger of
death is not a sufficient ground for revocation or
suspension of his registration certificate if there is
a risk to the physician's life.
ADMINISTRATIVE PROCEDURE
Section 22. Administrative investigations.
In addition to the functions provided for in the preceding
sections, the Board of Medical Examiners shall perform
the following duties:
(1) to administer oath to physicians who qualified in the
examination;
(2) to study the conditions affecting the practice of
medicine in all parts of the Philippines;
(3) to exercise the powers conferred upon it by this article
with the view of maintaining the ethical and
professional standards of the medical profession;
(4) to subpoena or subpoena duces tecum witnesses
for all purposes required in the discharge of its duties; and
(5) to promulgate, with the approval of the Commissioner
of Civil Service, such rules and regulations as it may deem
necessary for the performance of its duties in harmony
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
with the provisions of this Act and necessary for the proper
practice of medicine in the Philippines.
Administrative investigations may be conducted by not
less than four members of the Board of Medical
Examiners; otherwise the proceedings shall be
considered void. The existing rules of evidence shall be
observed during all administrative investigations. The
Board may disapprove applications for examination or
registration, reprimand erring physicians, or suspend or
revoke registration certificates, if the respondents are
found guilty after due investigations.
Class Notes:
1. File a complaint before the Board
of Medicine
2.
GOMEZ VS. VENTURA, G. R. No. 32441,
March 29, 1930
FACTS: In this cause, the plaintiff prays for
judgment, as follows:
1. Annulling and setting aside the aforementioned
investigation proceedings, and particularly the
decision of the Board of Medical Examiners of the
 Philippine Islands dated March 30, 1926, forever
revoking the plaintiff's license to practice medicine
and surgery.
2. Ordering the defendants to restore the plaintiff to his status
before the investigation and the decision of March 30, 1926, that
is, as if there had never been an investigation and an adverse
decision.
3. Ordering said defendants to issue in favor of the plaintiff a
license for the practice of medicine and surgery in the Philippine
Islands, such as he had prior to the investigation and adverse
decision.
The first two assignments of error relate to the validity of the
charges against the plaintiff, preferred by Assistant Fiscal Alfonso
Felix of the City of Manila, who, according to the plaintiff is not
authorized by law to file charges with the Board of Medical
Examiners, which therefore acquired no jurisdiction over the
matter.
According to section 780 of Administrative Code, as amended by
Act No. 3111, the procedure to be observed in revoking a
certificate of registration is the following:
public officer or by any specified person; it even permits the
Board of Medical Examiners itself to require its executive officer
to prefer said charges. From the wording of the law we infer that
any person, including a public officer, may prefer the charges
referred to in the above-quoted provision. Wherefore, the fact that
the charges were filed by Assistant Fiscal Alfonso Felix of the
City of Manila, does not deprive the Board of Medical Examiners
of jurisdiction to hear said charges and to take the proper action
according to law.
As the Attorney-General correctly observes, the
powers vested in the Board of Medical Examiners
to suspend or revoke a physician's certificate of
registration and the authority granted the
Secretary of the Interior of confirming or
reversing the decision of said board of
examiners, partake of a quasi-judicial character,
that is, involve the use of discretion. For this
reason, the exercise thereof cannot be reviewed
by mandamus, which is the nature of this cause
on its merits.

Proceedings for revocation of a certificate of registration shall be

begun by filing a written charge or charges against the accused. Remedy should be PetRev
These charges may be preferred by any person or persons, firm
or corporation, or the Board of Medical Examiners itself may
direct its executive officer to prepare said charges. Said charges
shall be filed with the executive officer of the Board of Medical
Examiners and a copy thereof, together with written notice of the
time and place when they will be heared and determined, shall be
served upon the accused or his counsel, at least two weeks
before the date actually fixed for said hearing. (Sec. 12, Act No.
3111.)

The law does not require that the charges be preferred by a

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde

THE PRACTICE OF MEDICINE
ACTS WHICH CONSTITUTE THE PRACTICE
OF MEDICINE (Section 10)
(a) who shall, for compensation, fee, salary or reward in any
form, paid to him directly or through another, or even
without the same, physical examine any person, and
diagnose, treat, operate or prescribe any remedy for any
human disease, injury, deformity, physical, mental or
physical condition or any ailment, real or imaginary,
regardless of the nature of the remedy or treatment
administered, prescribed or recommended; or
(b) who shall, by means of signs, cards,
advertisements, written or printed matter, or through the
radio, television or any other means of communication,
either offer or undertake by any means or method to
diagnose, treat, operate or prescribe any remedy for
any human disease, injury, deformity, physical, mental or
physical condition; or
(c) who shall use the title M.D. after his name.
PEOPLE VS QUEBRAL 68 PHIL 564
The Certificate from the Board showing
that is not a registered physician, is a
sufficient evidence
FACTS: There is no question that the accused
diagnosed, treated and prescribed for certain diseases
suffered by certain patients, from whom he received
money as compensation; but it is contended that no
evidence has been adduced to the effect that the
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
accused had thus practiced medicine "without having
previously obtained the proper certificate of registration
issued by the Board of Medical Examiners," as
provided in section 770 of the Administrative Code.
ISSUE: WON the document issued by the Board is sufficient
to convict the accused.
HELD: YES. Official written statements are documents which
are admissible as evidence of its contents, under one of the
exceptions to the hearsay rule. Here, the lower court makes
mention of Exhibit F-2 as showing that the accused is not a
registered physician. That document is signed by Jose Ma.
Delgado, chairman of the Board of Medical Examiners,
wherein it is stated, in part, that "there is nothing in the records
of this Board to show that Mr. Fernando C. Quebral is a
registered physician." Such is a sufficient evidence to show
that the accused has been practicing medicine without the
required certificate of registration issued by the Board of
Medical Examiners.
PEOPLE VS HATANI GR 78813-14, Nov. 8,
1993
Inject sa bahay niya, pinapatulog then nirarape. Illegal practice
plus rape. WON proof of payment is an essential element to
constitute illegal practice of medicine. No, Illegal even without
payment
FACTS: Agustina visited Maura, and requested
malunggay leaves for her 16-year old daughter,
Precila, who had high fever and LBM. Maura's
daughter, introduced Agustina to her husband,
appellant herein, whom she said was a medical
doctor. Appellant gave her tablets to take and
administered two injections. It was appellant's
diagnosis that Precila was a drug addict and required
further observation and treatment. Appellant offered
to attend to Precila at his house. When Agustina
went to fetch Precila, she found Precila and appellant
both asleep and naked. She hurriedly dressed up
Precila and brought her home. Agustina narrated the
incident to Precila's oldest sister, Josefina, a nurse by
profession. Appellant also did the same to their
sister, Wilma. Agustina and Josefina brought Precila
and Wilma to the Philippine Constabulary
Headquarters at Camp Crame, Quezon City, where
Josefina and Wilma gave their statements and were
was physically examined by a doctor. After the
preliminary investigation, separate informations for
rape and violation of R.A. No. 2382 were filed. As to
the Illegal practice of medicine, one of the
contentions of the appellant was that there was no
proof of payment.
ISSUE: WON the use of the title “Doctor” may
be considered as an illegal practice of medicine.
HELD: YES. The appellant contends that the
prohibition in section 783 against the unauthorized
use of the title "doctor" must be understood to refer
to "Doctor of Medicine" and has no application to
doctors of chiropractic. Under different
circumstances that might possibly be so, but where,
as here, chiropractic is by statute made a form of the
practice of medicine, it necessarily follows that a
person holding himself out as a doctor of chiropractic
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
in legal effect represents herself as a doctor of
medicine.
EXEMPTIONS(Section 11)
The preceding section shall not be construed to affect
(a) any medical student duly enrolled in an approved
medical college or school under training, serving
without any professional fee in any government or
private hospital, provided that he renders such service
under the direct supervision and control of a registered
physician;
(b) any legally registered dentist engaged exclusively
in the practice of dentistry;
(c) any duly registered masseur or physiotherapist,
provided that he applies massage or other physical
means upon written order or prescription of a duly
registered physician, or provided that such application of
massage or physical means shall be limited to physical or
muscular development;
(d) any duly registered optometrist who mechanically
fits or sells lenses, artificial eyes, limbs or other similar
appliances or who is engaged in the mechanical
examination of eyes for the purpose of constructing or
adjusting eye glasses, spectacles and lenses;
(e) any person who renders any service gratuitously in
cases of emergency, or in places where the services of a
duly registered physician, nurse or midwife are not
available;
(f) any person who administers or recommends any
household remedy as per classification of existing
Pharmacy Laws; and
(g) any psychologist or mental hygienist in the
performance of his duties, provided such performance is
done in conjunction with a duly registered physician.
(h) prosthetists who fit artificial limbs under the
supervision of a registered physician
 LIMITED PRACTICE WITHOUT CERTIFICATE
OF REGISTRATION(Section 12)
Certificates of registration shall not be required of the following
persons:
(a) Physicians and surgeons from other countries
called in consultation only and exclusively in specific and
definite cases, or those attached to international bodies
or organization assigned to perform certain definite work
in the Philippines provided they shall limit their practice to
the specific work assigned to them and provided further
they shall secure a previous authorization from the Board
of Medical Examiners.
(b) Commissioned medical officers of the United
States armed forces stationed in the Philippines while
rendering service as such only for the members of the
said armed forces and within the limit of their own
respective territorial jurisdiction.
(c) Foreign physicians employed as exchange
professors in special branches of medicine or surgery
whose service may be at the discretion of the Board of
Medical Education.
(d) Medical students who have completed the first four
years of medical course, graduates of medicine and
registered nurses who may be given limited and special
authorization by the Secretary of Health to render
medical services during epidemics or national
emergencies whenever the services of duly registered
physicians are not available. Such authorization shall
automatically cease when the epidemic or national
emergency is declared terminated by the Secretary of
Health.
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
*liability with illegal practice and limited practice= Possible to be
liable both
Botth liable for negligence and illegal practice
ILLEGAL OR UNAUTHORIZED PRACTICE OF
MEDICINE (Doctor quack quack)
•Also called Unauthorized Practice of Medicine
•Performance of acts considered as constituting the
practice of medicine without falling in any of those
exempted by law without proper license and certificate of
registration to practice medicine.
•Different from Medical Malpractice or Medical
Negligence
PEOPLE vs. GOLEZ G.R. No. L-14160 June
30, 1960
The crime of illegal practice of medicine is a statutory offense
wherein criminal intent is taken for granted, so that a person
may be convicted thereof irrespective of his intention and in
spite of his having acted in good faith and without malice; i.e.,
even if he was not motivated by an evil desire to injure or hurt
another, but by an honest desire to cure or alleviate the pain of
a patient. In fact, as defined by Section 2678 of the Revised
Administrative Code (the law then in force), the offense
consists in the mere act of practicing medicine in violation of
the Medical Law, even if no injury to another, much less death,
results from such malpractice. When, therefore, the patient
dies, the illegal practitioner should be equally responsible for
the death of his patient, an offense independent of and distinct
from the illegal practice of medicine.
PENALTIES(Sec 28)
Any person found guilty of "illegal practice of
medicine" shall be punished by a fine of not less than
one thousand pesos nor more than ten thousand
pesos with subsidiary imprisonment in case of
insolvency, or by imprisonment of not less than one
year nor more than five years, or by both such fine and
imprisonment, in the discretion of the court.
THE PEOPLE OF THE PHILIPPINES vs.
VENTURA G.R. No. L-15079 January 31,
1962
Ilaw, kamay, hot water. 500,000 patients
ang gumaling. Drugless healing in
Chicago of Illinois. Ventura, was invited
by Pres of BOME.

INJUNCTION(SEC 29) The Board of Medical Whether there is implied license to

practice drugless healing.
Examiners may file an action to enjoin any person
illegally practicing medicine from the performance of
No. despite authorized, repetition does
any act constituting practice of medicine if the case so
not make it legal
warrants until the necessary certificate therefore is
secured. Any such person who, after having been so
PEOPLE VS BUENVIAJE GR NO 22945,
enjoined, continues in the illegal practice of medicine
MARCH 3, 192547 PHIL 536
shall be punished for contempt of court. The said
Dra. engaged in chiropractic.
injunction shall not relieve the person practicing
Court: You are advertising yourself as
medicine without certificate of registration from criminal
engaged in the Practice of Medicine. Plus
prosecution and punishment as provided in the
you have a clinic. Liable for Illegal practice
preceding section.
of Medicine.

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
 CRISOSTOMO VS SEC GR 89095 & considered as constituting lang
89555, Nov, 1989 prac of med
UDMC, offered shares of stock 57M, bought by
(2)w/of falling by those
Japanese Doctors. They want to manage and
control the hospital being major stock holders. exempted by law
They will be held liable. (3)w/o certificate and
license to do so
Is management of the hospital considered engaged
in the practice of medicine? Criminal intent was not a
material element.
No. They only own shares of stock of a hospital.
Their functions is administrative and NOT the
performance of the practice of medicine
E. PHYSICIAN-PATIENT
Illegal or unauthorized Malpractice CONTRACTUAL RELATIONSHIP
Practice of Medicine- akin
to criminal case
1st level courts- BP129 if
Imprisonment exceeding 6
years=RTC

In illegal practice- less than

6 years

3 essential elements: for ● May

one to be liable: License
na
(1)performance of acts nagkamali

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
THE PHYSICIAN - PATIENT CONTRACTUAL
RELATIONSHIP
CONSENSUAL ● Based upon mutual
● THE PHYSICIAN – PATIENT consent
RELATIONSHIP IS A CONTRACT. ● Based upon trust
● It is a relationship that is both and confidence
CONSENSUAL AND FIDUCIARY.
● A PATIENT WHO ENTRUSTS HIMSELF TO FIDUCIARY > BASED ON MUTUAL
A PHYSICIAN’S CARE CREATES NOT TRUST AND
ONLY ETHICAL OBLIGATIONS BUT ALSO CONFIDENCE
LEGAL OBLIGATIONS THAT ARE > The PATIENT must be
DEFINITE AND WEIGHTY. able to

NATURE OF THE PHYSICIAN-PATIENT COMMUNICATE ALL

CONTRACTUAL RELATIONSHIP RELEVANT
INFORMATION ABOUT
THE PRESENCE OF A CONTRACTUAL
THE ILLNESS OR INJURY
RELATIONSHIP IS THE PRIMORDIAL BASIS
IN ORDER FOR THE
OF ANY NEGLIGENCE CASES.
PHYSICIAN TO MAKE
CONTRACT NCC ART. 1305 – A CONTRACT IS A
ACCURATE DIAGNOSIS
MEETING OF THE MINDS BETWEEN 2 PERSONS WHEREBY ONE AND PROViDE
BINDS HIMSELF WITH RESPECT TO ANOTHER TO GIVE
SOMETHING OR TO RENDER SOME SERVICE. TREATMENT
RECOMMENDATION.

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
 OBJECT/ ● To render medical service
● Must not be outside the
SUBJECT
commerce of man
MATTER ● Must be legal and NOT
contrary to law morals,
good customs, public
order, or public policy
CAUSE/ 1. Onerous
CONSIDERATION PATIENTS PAY FOR
(ART 1322) THE MEDICAL
SERVICES
RENDERED.
2. REMUNERATORY
PHYSICIANS ARE PAID
FOR THE MEDICAL
SERVICES RENDERED.
3. Gratuitous
”GRATIS ET AMORE”
FREE
PURE LIBERALITY OF
THE BENEFACTOR
(DONATION)
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
INNOMINATE CONTRACT OF
FACIO UT DES
LATIN TERM WHICH MEANS ”I DO AND
YOU GIVE”
PRINCIPLE OF UNJUST ENRICHMENT-
THAT NO ONE SHALL UNJUSTLY ENRICH
HIMSELF AT THE EXPENSE OF OTHERS
PARTIES TO A PHYSICIAN – PATIENT
THE PHYSICIAN
WHO RENDERS THE MEDICAL SERVICES IN
EXCHANGE FOR THE PAYMENT IN THE
FORM OF PROFESSIONAL FEE.
THE PATIENT
WHO RECEIVES THE MEDICAL
SERVICES AND IN TURN PAYS
THE PROFESSIONAL FEE TO THE
PHYSICIAN
ESSENTIAL REQUISITES OF CONTRACTUAL
RELATIONSHIP FIELD, HE
WILL EMPLOY SUCH TRAINING, CARE, AND
SKILL IN THE TREATMENT OF HIS PATIENTS.
HE IS THEREFORE HAS THE DUTY TO USE
AT LEAST THE SAME LEVEL OF CARE THAT
ANY OTHER REASONABLE, COMPETENT
PHYSICIAN WOULD USE TO TREAT A
CONDITION UNDER THE SAME
CIRCUMSTANCES.

FORMS OF CONTRACTUAL RELATIONSHIP

1. EXPRESSED
THROUGH VERBAL ACTS / ORAL OR WRITTEN
CONSENT FORM

B.
2. IMPLIED
NON VERBAL ACTS BUT THERE IS A CLEAR
GARCIA-RUEDA VS PASCASIO GR 118141
INDICATION THAT BOTH PARTIES AGREE
SEPTEMBER 5, 1997 IN ACCEPTING A CASE,
A PHYSICIAN IN EFFECT REPRESENTS
QUASI-CONTRACTS
THAT, HAVING THE MEDICAL TRAINING AND
SKILL POSSESSED BY PHYSICIANS AND
SURGEONS PRACTICING IN THE SAME
COMMENCEMENT OF PHYSICIAN-PATIENT
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
CONTRACTUAL RELATIONSHIP CASES WHEN THERE IS NO
FROM THE TIME THE PATIENT ASKS THE PHYSICIAN-PATIENT CONTRACTUAL
PHYSICIAN FOR MEDICAL SERVICE AND THE RELATIONSHIP
LATTER AGREED AND THE ACCEPTANCE OF
THE PHYSICIAN IS KNOWN TO THE PATIENT. 1. PRE EMPLOYMENT PHYSICAL
EXAMINATION
DOCTRINE OF COGNITION 2. ELIGIBILITY FOR INSURANCE PHYSICAL
EXAMINATION
3. PSYCHIATRIC EVALUATION OF THE
FREEDOM TO CONTRACT MEDICAL ACCUSED
SERVICES AND LIMITATIONS 4. AUTOPSY
5. CASUAL QUESTIONS IN CASUAL SETTINGS
The contracting parties are free to establish such NOT PART OF PHYSICIAN-PATIENT
stipulations, clauses, terms and conditions as CONTRACT
they may deem convenient, provided they are Cruz v. CA G.R. No. 122445. November 18,
not contrary to law, morals, good customs, public 1997
order, or public policy. 1. DOCTORS ARE NOT GUARANTORS OF
This is the PRINCIPLE OF AUTONOMY OF CARE.
CONTRACTS 2. DOCTORS DO NOT WARRANT GOOD
RESULTS.
LIMITATIONS: MUST NOT BE CONTRARY TO:
3. DOCTORS ARE NOT INSURERS AGAINST
1. LAW
2. MORALS MISHAP OR UNUSUAL CONSEQUENCES
3. GOOD CUSTOMS 4. DOCTORS ARE NOT LIABLE FOR HONEST
4. PUBLIC ORDER
5. PUBLIC POLICY
MISTAKE OF JUDGMEN
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde

F. LIABILITIES OF PHYSICIANS
ADMINISTRATIVE LIABILITIES
An administrative action is one by which a party files
a complaint before an administrative agency to
make determinations of facts in the performance of
their official duties and to apply the law as they
construe it to the facts so found,
The practice of medicine is a privilege and not a
right.
The privilege granted to the physician or a health
professional to practice his profession may be
temporarily withdrawn from him to protect future
patients
Professional Regulation Commission
A quasi judicial body whose decision has the force
and effect of the decisions of a court of law, with the
same authority as a Regional Trial Court and after
the lapse of the period to appeal the decisions of the
PRC becomes final and executory.
QUANTUM OF EVIDENCE
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
Substantial evidence is defined to mean not
necessarily preponderant proof as required in
ordinary civil cases but such kind of relevant
evidence which a reasonable mind might accept
as adequate to support a conclusion
GROUNDS FOR REPRIMAND, SUSPENSION,
OR REVOCATION OF REGISTRATION
CERTIFICATE
1) Conviction by a court of competent
jurisdiction of any criminal offense
involving moral turpitude;
2) Immoral or dishonorable conduct
3) Insanity;
4) Fraud in the acquisition of the certificate of
registration
5) Gross negligence, ignorance or
incompetence in the practice of his or her
profession resulting in an injury or death of
the patient
6) Addiction to alcoholic beverages or to any
habit forming drug rendering him or her
incompetent to practice his or her
profession, or to any form of gambling;
7) False or extravagant or unethical
advertisements wherein other things than
his name, profession, limitation of practice,
clinic hours, office and home address are
 mentioned.
8) Performance of or aiding in any criminal
abortion
9) Knowingly issuing any false medical
certificate
10) Issuing any statement or spreading any
news or rumor which is derogatory to the
character and reputation of another
physician without justifiable motive
11) Aiding or acting as a dummy of an
unqualified or unregistered person to
practice medicine
12) Violation of any provision of the Code of
Ethics as approved by the Philippine
Medical Association.

CIVIL LIABILITIES
CHARACTERISTICS OF ADMINISTRATIVE
PROCEEDINGS, MEDICAL ACT OF 1959, AS A civil action is one by which a party sues
AMENDED another for the enforcement or protection of a
1. Presumption of Innocence right, or the prevention or redress of a wrong.
2. Substantial Evidence (RULE 1 SEC 3)
3. Rights of Respondents
4. Appeal from judgment Cause of Action
5. Reinstatement A cause of action is the fact or combination of
6. Penalties facts which affords a party a right to judicial
7. Injunctions interference on his behalf. The requisites for a
cause of action are:
1) a right in favor of the plaintiff by whatever
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
 means and under whatever law it arises or
is created;
2) an obligation on the part of the defendant to
respect and not to violate such right;
3) an act or omission on the part of the
defendant constituting a violation of the
plaintiff’s right or breach of the obligation of
the defendant to the plaintiff
QUANTUM OF EVIDENCE
Preponderance of Evidence is the greater weight
of the evidence required in a civil lawsuit for the
judge to decide in favor of one side or the other.
This preponderance is based on the more
convincing evidence and its probable truth or
accuracy, and not on the amount of evidence.

The civil liabilities of physicians fall under these CHARACTERISTICS OF CIVIL PROCEDURE
categories: 6.Regular Courts
1) Breach of contract Preponderance of Evidence
2) Violation of Articles 19, 20, 21 of the New Rights of Respondents
Civil Code Trial
3) Tort (Quasi-delict or Breach of legal duty) Appeal from judgment
4) Civil liability ex delicto Penalties

Art. 19. Every person must, in the exercise of his rights DAMAGES/ PENALTIES/ FINES
and in the performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.
Art. 2197 NCC. Damages may be:
(1)Actual or compensatory;
Art. 20. Every person who, contrary to law, willfully or (2) Moral;
negligently causes damage to another, shall indemnify the (3) Nominal;
latter for the same.
(4) Temperate or moderate;
Art. 21. Any person who willfully causes loss or injury to (5) Liquidated; or
another in a manner that is contrary to morals, good (6) Exemplary or corrective
customs or public policy shall compensate the latter for
the damage.
ACTUAL DAMAGES
Art. 2199. Except as provided by law or by
stipulation, one is entitled to an adequate
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
compensation only for such pecuniary loss
suffered by him as he has duly proved. Such
compensation is referred to as actual or
compensatory damages.
Art. 2200. Indemnification for damages shall
comprehend not only the value of the loss
suffered, but also that of the profits which the
obligee failed to obtain.
Art. 2205. Damages may be recovered:
(1) For loss or impairment of earning capacity in
cases of temporary or permanent personal injury;
(2) For injury to the plaintiff's business standing
or commercial credit.
Art. 2216. No proof of pecuniary loss is
necessary in order that moral, nominal,
temperate, liquidated or exemplary damages,
may be adjudicated. The assessment of such
damages, except liquidated ones, is left to the
discretion of the court, according to the
circumstances of each case.
MORAL DAMAGES
Art. 2217. Moral damages include physical
suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral
shock, social humiliation, and similar injury.
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
Though incapable of pecuniary computation,
moral damages may be recovered if they are the
proximate result of the defendant's wrongful act
for omission.
Art. 2219. Moral damages may be recovered in
the following and analogous cases:
A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;******
(7) Libel, slander or any other form of
defamation;
NOMINAL DAMAGES
Art. 2221. Nominal damages are adjudicated in
order that a right of the plaintiff, which has been
violated or invaded by the defendant, may be
vindicated or recognized, and not for the purpose
of indemnifying the plaintiff for any loss suffered
by him.
Art. 2222. The court may award nominal
damages in every obligation arising from any
source enumerated in Article 1157, or in every
case where any property right has been invaded.
Art. 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
 (4) Acts or omissions punished by law; and
(5) Quasi-delicts.
TEMPERATE OR MODERATE DAMAGES
Art. 2224. Temperate or moderate damages,
which are more than nominal but less than
compensatory damages, may be recovered when
the court finds that some pecuniary loss has
been suffered but its amount can not, from the
nature of the case, be provided with certainty.
Art. 2225. Temperate damages must be
reasonable under the circumstances.
LIQUIDATED DAMAGES
Art. 2226. Liquidated damages are those agreed
upon by the parties to a contract, to be paid in
case of breach thereof.
Art. 2228. When the breach of the contract
committed by the defendant is not the one
contemplated by the parties in agreeing upon the
liquidated damages, the law shall determine the
measure of damages, and not the stipulation.
EXEMPLARY OR CORRECTIVE DAMAGES
Art. 2229. Exemplary or corrective damages are
imposed, by way of example or correction for the
public good, in addition to the moral, temperate,
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
liquidated or compensatory damages.
Art. 2230. In criminal offenses, exemplary
damages as a part of the civil liability may be
imposed when the crime was committed with one
or more aggravating circumstances. Such
damages are separate and distinct from fines
and shall be paid to the offended party
CIVIL LIABILITIES
Art. 2231. In quasi-delicts, exemplary damages
may be granted if the defendant acted with gross
negligence.
Art. 2232. In contracts and quasi-contracts, the
court may award exemplary damages if the
defendant acted in a wanton, fraudulent,
reckless, oppressive, or malevolent manner.
Art. 2233. Exemplary damages cannot be
recovered as a matter of right; the court will
decide whether or not they should be
adjudicated.
Art. 2234. While the amount of the exemplary
damages need not be proved, the plaintiff must
show that he is entitled to moral, temperate or
compensatory damages before the court may
consider the question of whether or not Proof beyond reasonable doubt does not
exemplary damages should be awarded. In case mean such a degree of proof, excluding the
liquidated damages have been agreed upon, possibility of error or one that produces absolute
although no proof of loss is necessary in order certainty.
that such liquidated damages may be recovered, Moral certainty only is required or that degree
nevertheless, before the court may consider the of proof which produces conviction in an
question of granting exemplary in addition to the unprejudiced mind.
liquidated damages, the plaintiff must show that
he would be entitled to moral, temperate or CHARACTERISTICS OF CRIMINAL
compensatory damages were it not for the PROCEDURE
stipulation for liquidated damages.
1. Regular Courts
Art. 2235. A stipulation whereby exemplary 2. Proof beyond reasonable doubt
damages are renounced in advance shall be null 3. Rights of the accused
and void 4. Trial
5. Appeal from judgment
CRIMINAL LIABILITIES 6. Penalties
A criminal action is one by which the State
prosecutes a person for an act or omission SPECIFIC CRIMINAL LIABILITIES OF A
punishable by law. (RULE 1 SEC 3) PHYSICIAN UNDER THE RPC
Art. 174. False medical certificates, false
CRIMINAL LIABILITIES OF PHYSICIANS certificates of merits or service, etc. — The
penalties of arresto mayor in its maximum
VIOLATIONS OF: period to prision correccional in its minimum
1. Revised Penal Code period and a fine not to exceed P1,000 pesos
2. Special Criminal Laws shall be imposed upon:

QUANTUM OF EVIDENCE 1. Any (a)physician or surgeon who, in (b)

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
 connection, with the practice of his
profession, shall issue a (c) false certificate;
and…
Art. 256. Intentional abortion. — Any person who
shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he
shall
use any violence upon the person of the
pregnant woman.
2. The penalty of prision mayor if, without
using violence, he shall act without the
consent
of the woman.
3. The penalty of prision correccional in its
medium and maximum periods, if the
woman shall have consented.
Art. 259. Abortion practiced by a physician or
midwife and dispensing of abortives. — The
penalties provided in Article 256 shall be
imposed in its maximum period, respectively,
upon any physician or midwife who, taking
advantage of their scientific knowledge or
skill, shall cause an abortion or assist in
causing the same.
Art. 347. Simulation of births, substitution of one
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
child for another and concealment or
abandonment of a legitimate child. — The
simulation of births and the substitution of one
child for another shall be punished by prision
mayor and a fine of not exceeding 1,000 pesos.
The same penalties shall be imposed upon any
person who shall conceal or abandon any
legitimate child with intent to cause such child to
lose its civil status.
Any physician or surgeon or public officer who, in
violation of the duties of his profession or office,
shall cooperate in the execution of any of the
crimes mentioned in the two next preceding
paragraphs, shall suffer the penalties therein
prescribed and also the penalty of temporary
special disqualification.
Art. 253. Giving assistance to suicide. — Any
person who shall assist another to commit
suicide shall suffer the penalty of prision mayor;
if such person leads his assistance to another to
the extent of doing the killing himself, he shall
suffer the penalty of reclusion temporal.
However, if the suicide is not consummated, the
penalty of arresto mayor in its medium and
maximum periods, shall be imposed.
Art. 353. Definition of libel. — A libel is public and
malicious imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission,
condition, status, or circumstance tending to cause
the dishonor, discredit, or contempt of a natural
or juridical person, or to blacken the memory of
one who is dead.
Art. 358. Slander. — Oral defamation shall be
punished by arresto mayor in its maximum period
to prision correccional in its minimum period if it
is of a serious and insulting nature; otherwise the
penalty shall be arresto menor or a fine not
exceeding 200 pesos.
Art. 359. Slander by deed. — The penalty of
arresto mayor in its maximum period to prision
correccional in its minimum period or a fine
ranging from 200 to 1,000 pesos shall be imposed
upon any person who shall perform any act not
included and punished in this title, which shall cast
dishonor, discredit or contempt upon another
person. If said act is not of a serious nature, the
penalty shall be arresto menor or a fine not
exceeding 200 pesos.
CRIMINAL LIABILITIES UNDER SPECIAL LAWS
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
1. FAILURE TO REPORT TREATMENT OF
PHYSICAL INJURIES
- PD 169 AS AMENDED BY EO 212
- BOME is mandated to hear and decide
cases for violation of this law
- Any MD who shall treat patients for
physical injuries defined the RPC shall
report such matters to the nearest
government health authority
REFUSAL TO RENDER TREATMENT
RA 6615 - AN ACT REQUIRING GOVERNMENT
AND PRIVATE HOSPITALS AND CLINICS TO
EXTEND MEDICAL ASSISTANCE IN
EMERGENCY CASES
Sec. 3. Any hospital director, administrator,
officer-in-charge or physician in the hospital,
medical center or clinic, who shall refuse or fail
without good cause to render the appropriate
assistance pursuant to the requirements of section
one after said case had been brought to his
attention, or any nurse, midwife or medical
attendant who shall refuse to extend the
appropriate assistance, subject to existing rules, or
neglect to notify or call a physician shall be
punished by imprisonment of one month and one
day to one year and one day, and a fine of three
hundred pesos to one thousand pesos, without
prejudice to the provisions of RA 2382. In the case
of physicians. In the case of Government
hospitals, the imposition of the penalty upon the
person or persons guilty of the violations shall be
without prejudice to the administrative action that
might be proper. In the case of private hospitals,
aside from the imposition of penalty upon the
person or persons guilty of the violations, the
license of the hospital to operate shall, whenever
justified, be suspended or revoked.
VIOLATION OF BP 702 AS AMENDED BY RA
8344
AN ACT PENALIZING THE REFUSAL OF
HOSPITALS AND MEDICAL CLINICS TO
ADMINISTER APPROPRIATE INITIAL
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
MEDICAL TREATMENT AND SUPPORT IN
EMERGENCY OR SERIOUS CASES,
SECTION1. In emergency or serious cases, it
shall be unlawful to request, solicit, demand or
accept any deposit or any other form of
advance payment as a prerequisite for
confinement or medical treatment of a patient
in such hospital or medical clinic or to refuse to
administer medical treatment and support as
dictated by good practice of medicine to
prevent death or permanent disability:
Provided, That by reason of inadequacy of the
medical capabilities of the hospital or medical
clinic, the attending physician may transfer the
patient to a facility where the appropriate care
can be given, after the patient or his next of kin
consents to said transfer and after the
receiving hospital or medical clinic agrees to
the transfer: Provided, however, That when the
patient is unconscious, incapable of giving
consent and/or unaccompanied, the physician
can transfer the patient even without his consent:
Provided, further, That such transfer shall be
done only after necessary emergency
treatment and support have been administered
to stabilize the patient and after it has been
established that such transfer entails less risks
than the patient’s continued confinement:
Provided, furthermore, That no hospital or
clinic, after being informed of the medical
indications for such transfer, shall refuse to
receive the patient nor demand from the
patient or his next of kin any deposit or
advance payment: Provided, finally, That strict
compliance with the foregoing procedure on
transfer shall not be construed as a refusal made
punishable by this Act.”
FAILURE TO REPORT MALTREATED OR
ABUSED CHILD – PD 603, as amended
CHILD AND YOUTH WELFARE CODE
Art. 166. Report of Maltreated or Abused Child. -
All hospitals, clinics and other institutions as well
as private physicians providing treatment shall,
within 48 hours from knowledge of the case,
report in writing to the city or provincial fiscal
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
or to the Local Council for the Protection of
Children or to the nearest unit of the DSWD,
any case of a maltreated or abused child, or
exploitation of an employed child contrary to the
provisions of labor laws. It shall be the duty of
the DSWD to whom such a report is made to
forward the same to the provincial or city fiscal.
Violation of this provision shall subject the
hospital, clinic, institution, or physician who fails
to make such report to a fine of not more than 2K
pesos. In cases of sexual abuse, the records
pertaining to the case shall be kept strictly
confidential and no information relating thereto
shall be disclosed except in connection with any
court or official proceeding based on such report.
Any person disclosing confidential information in
violation of this provision shall be punished by a
fine of not less than one hundred pesos nor more
than five thousand pesos, or by imprisonment for
not less than 30 days nor more than 1 year, or
both such fine and imprisonment, at the
discretion of the court.
VIOLATIONS OF GENERICS ACT OF 1988
Section 6. Who Shall Use Generic Terminology –
(a) All government health agencies and their
personnel as well as other government
agencies shall use generic terminology or
generic names in all transactions related to
purchasing, prescribing, dispensing and
administering of drugs and medicines.
(b) All medical, dental and veterinary
practitioners, including private
practitioners, shall write prescriptions
using the generic name. The brand name
may be included if so desired.
Sec. 12. Penalty. - (A) Any person who shall
violate Section 6(a), or 6(b) of this Act shall
suffer the penalty graduated hereunder, viz:(a)
For the first conviction, he shall suffer the penalty
of reprimand, which shall be officially recorded in
the appropriate books of the PRC. (b) The
second conviction, the penalty of fine in the
amount of not less than two thousand pesos
(P2,000). (c) For the third conviction, the
penalty of fine in the amount of not less than five
thousand pesos (P5,000) but not exceeding ten
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
thousand pesos (P10,000) and suspension of
his license to practice his profession for
thirty days at the discretion of the court. (d)
For the fourth subsequent convictions, the
penalty of fine not less than ten thousand pesos
(P10,000) and suspension of his license to
practice his profession one year or longer at
the discretion of the court.
VIOLATIONS OF COMPREHENSIVE
DANGEROUS DRUG ACT OF 2002 (RA 9165)
Section 18. Unnecessary Prescription of
Dangerous Drugs. – The penalty of
imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) and the additional penalty of the
revocation of his/her license to practice shall
be imposed upon the practitioner, who shall
prescribe any dangerous drug to any person
whose physical or physiological condition
does not require the use or in the dosage
prescribed therein, as determined by the Board
in consultation with recognized competent
experts who are authorized representatives of
professional organizations of practitioners,
particularly those who are involved in the care of
persons with severe pain.
Section 19. Unlawful Prescription of Dangerous
Drugs. – The penalty of life imprisonment to
death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall
make or issue a prescription or any other
writing purporting to be a prescription for any
dangerous drug.
LIABILITY IN THE ISSUANCE OF
BIRTH CERTIFICATE PD 766
Sec. 2. Period of Registration of births. The
registration of the birth of babies referred to in
the preceding section including those
unregistered births which occurred from March
17, 1975, to November 30, 1975, must be done
until December 31, 1975, without fine or fee of
any kind. Babies born after November 30, 1975
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
and thereafter, must be registered within thirty
(30) days from birth without fine or fee of any
kind by the attending physician, nurse, midwife,
hilot or hospital or clinic administrator or, in
default of the same, by either parent or a
responsible member of the family or any person
who has knowledge of the birth. "The parents or
any responsible member of the family and the
attendant at birth or the hospital or clinic
administrator referred to above shall be jointly
liable in case they fail to register the new born
child. If there was no attendant at birth, or if the
child was not born in a hospital or a maternity
clinic, then the parents or responsible member of
the family alone shall be primarily liable in case
of failure to register the new born child."
LIABILITY IN THE ISSUANCE OF DEATH
CERTIFICATES
Sec. 5. Period of reporting and registration of
deaths.
….....In case the deceased was attended to by
a physician, the latter must issue the
necessary certificate of death within 48 hours
after death and submit the same to the Local
Health Officer of the place of death, who shall
order its registration in the Office of the Local
Civil Registrar within the said period of thirty
(30) days after death, without fee or fine of any
kind.” The attending physician and responsible
member of the family or person who has
knowledge of the death are jointly liable to report
the death to the Local Health Officer, for
registration by the Local Civil Registrar of the
place of the death.
LIABILITY IN THE ISSUANCE OF BIRTH /
DEATH CERTIFICATES PD 766
Section 9. Penalty. Any person required under
this decree to report for registration any fact
concerning the civil status of persons and who
fails to do so, or who deliberately makes false
statements in the birth or death form and
presents the same for registration, or who
violates any rule or regulation which may be
issued pursuant to this decree, and any local
public health officer who fails to perform his
duties as provided for in this decree, or violates
any rule or regulation which may be issued
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
pursuant to this decree, shall upon conviction, be
punished by a fine of not less than P500.00 nor
more than P1,000.00 or imprisonment of not
less than three (3) months nor more than six
(6) months, or both, in the discretion of the
court.
SALE OF PHARMACEUTICAL SAMPLES RA
5921
Section 26. Markings and inhibition to the sale of
drug samples. No sample of any drug, biological
product, device or proprietary medicine, given or
intended to be given for free to the physician and
other qualified person by any manufacturer or
distributor of its representative or detailman as
part of its program or promotion, may be sold.
The statement "Sample, not for sale" shall
appear conspicuously on the container, package
or carton of the drug or device to be given.
Section 40. Penal provisions. Any person who
shall violate …..****shall, upon conviction
thereof, be sentenced to a fine of not less than
one thousand pesos but not exceeding four
thousand pesos or to an imprisonment of not
less than six months and one day but not emergencies, blood collection and transfusion
more than four years, in the discretion of the under the responsibility of the attending
court. physician shall be allowed in hospitals without
SEXUAL HARASSMENT RA 7877 such license under certain conditions prescribed
ELEMENTS OF SEXUAL HARASSMENT by the Department. No license shall be granted
or renewed by the Department for the
•AIM WET IHO establishment and operation of a blood bank/
•A – AUTHORITY center unless it complies with the standards
•I – INFLUENCE prescribed by the Department. Such blood
•M – MORAL ASCENDANCY
bank/center shall be under the management of a
•W – WORK
•E – EDUCATION ENVIRONMENT licensed and qualified physician d
•T – TRAINING
•I – INTIMIDATING
•H – HOSTILE uly authorized by the Department.
•O - OFFENSIVE

VIOLATION OF THE NATIONAL BLOOD

SERVICES OF 1994 (RA 7719)
SEC. 9. Regulation of Blood Sciences. – It shall
be unlawful for any person to establish and
operate a blood bank/center unless it is
registered and issued a license to operate by the
Department: Provided, That in case of

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
 ADMINISTRATIVE CIVIL CRIMINAL
An administrative action is one by A civil action is one by which A criminal action is one
which a party files a complaint before a party sues another for the by which the State
an administrative agency to make enforcement or protection PROSECUTES a person
determinations of facts in the of a RIGHT, for an act or omission
performance of their official duties or the prevention or redress punishable by law. (RULE
and to apply the law as they construe of a WRONG. (RULE 1 SEC 1 SEC 3)
it to the facts so found. 3)
The practice of medicine is a
privilege and not a right.
The civil liabilities of
physicians fall under these
The privilege granted to the physician
or a health professional to practice
categories:
his profession may be temporarily 1. Breach of contract
withdrawn from him to protect future 2. Violation of Articles 19,
patients 20, 21 of the New Civil
Code
3. Tort (Quasi-delict or
Breach of legal duty)
4. Civil liability ex delicto

Art. 19. Every person must, in the

exercise of his rights and in the
performance of his duties, act with
justice, give everyone his due, and
observe honesty and good faith.

Art. 20. Every person who, contrary

to law, willfully or negligently

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
 causes damage to another, shall
indemnify the latter for the same.

Art. 21. Any person who willfully

causes loss or injury to another in a
manner that is contrary to morals,
good customs or public policy shall
compensate the latter for the
damage.

Quantum of Substantial evidence is defined Preponderance of Evidence Proof beyond reasonable

Evidence to mean not necessarily
preponderant proof as required in
ordinary civil cases but such kind
of relevant evidence which a
reasonable mind might accept as
adequate to support a conclusion
GROUNDS/ Grounds for Reprimand,
Suspension or Revocation
BASIS OF (RSR) of Registration Certificate
LIABILITY
1.Conviction by a court of
is the greater weight of the
evidence required in a civil
lawsuit for the judge to decide
in favor of one side or the
other.
This preponderance is based
on the more convincing
evidence and its probable
truth or accuracy, and not on
the amount of evidence.
Cause of Action
A cause of action is the fact or
combination of facts which
affords a party a right to
judicial interference on his
doubt does not mean such
a degree of proof,
excluding the possibility of
error or one that produces
absolute certainty.
Moral certainty only is
required or that degree of
proof which produces
conviction in an
unprejudiced mind.
VIOLATIONS OF:
1. Revised Penal Code
2. Special Criminal
Laws

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
 competent jurisdiction of any
criminal offense involving moral
turpitude;
2.Immoral or dishonorable conduct
3.Insanity;
4.Fraud in the acquisition of the
certificate of registration
5.Gross negligence, ignorance or
incompetence in the practice of his
or her profession resulting in an
injury or death of the patient
6.Addiction to alcoholic beverages
or to any habit forming drug
rendering him or her
incompetent to practice his or her
profession, or to any form of
gambling;
7.False or extravagant or
unethical advertisements
wherein other things than his
name, profession, limitation of
practice, clinic hours, office and
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE
By Geelleanne Ubalde
behalf. The requisites for a
cause of action are:
● a right in favor of the
plaintiff by whatever
means and under
whatever law it arises or
is created;
● an obligation on the
part of the defendant to
respect and not to
violate such right;
● an act or omission on
the part of the
defendant constituting a
violation of the plaintiff’s
right or breach of the
obligation of the
defendant to the plaintiff
 home address are mentioned.

8..Performance of or aiding in any

criminal abortion

9.Knowingly issuing any false

medical certificate

10.Issuing any statement or

spreading any news or rumor
which is derogatory to the
character and reputation of
another physician without
justifiable motive

11.Aiding or acting as a dummy of

an unqualified or unregistered
person to practice medicine

12.Violation of any provision of the

Code of Ethics as approved by
the Philippine Medical Association.

CHARACTERISTICS OF ADMINISTRATIVE OF CIVIL PROCEDURE OF CRIMINAL

PROCEEDINGS, MEDICAL ACT 1. Regular Courts PROCEDURE
OF 1959, AS AMENDED 2. Preponderance of

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
 Evidence Regular Courts
Presumption of Innocence 3. Rights of Respondents
● Substantial Evidence 4. Trial Proof beyond reasonable
● Rights of Respondents 5. Appeal from judgment doubt
● Appeal from judgment Penalties
● Reinstatement Rights of the accused
● Penalties
● Injunctions Trial

Appeal from judgment

Penalties

Penalties/ Reprimand, Suspension or Damages Imprisonment or fine or

Sanction Revocation (RSR) of Certificate of both
license
Body/Court BOME Regular courts

Professional Regulation MTC

Commission
A quasi judicial body whose RTC
decision has the force and effect of
the decisions of a court of law, with
the same authority as a Regional
Trial Court and after the lapse of the
period to appeal the decisions of the
PRC becomes final and executory.

LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde
LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

By Geelleanne Ubalde