UP COLLEGE OF DENTISTRY | DENT 162: Dental Jurisprudence 1st Semester

The Philippine Dental Act of 2007 (Part 2) (AY’22-’23)

Dr. Michael Mendoza Batch 2025
November 4, 2022

OUTLINE - Why do they take the exams if they would

I. Article III III. Requisites to prove not be able to practice? Some foreign
a. Section 13 negligence students who are studying in dental schools
b. Section 15 IV. Malpractice in the Philippines take the exam because it
c. Section 16 V. Article III is recognized in their country. Some take it
d. Section 21 a. Sec 22 as a practice exam.
e. Section 22 b. Sec 23 - It happened before with Sir’s batchmates.
II. Article I c. Sec 24 The top 1 and 2 were Koreans so when the
a. Section 4 VI. Article IV list was released, number 1 and 2 was not
b. Degree of skill required d. Sec 25 included.
c. Proof of Malpractice e. Sec 26  Because they just took the exam
d. Res Ipsa Loquitor f. Sec 28 but they cannot practice here
g. Sec 29  Report of Ratings shall state that they are not eligible
for registration.
- For example, kumuha ka ng TOR ng hindi ka
REFERENCES pa nakakatapos ng RSA or nagcocomply,
there will be a notation na you are not
● Dr. Mendoza’s lecture eligible for registration.
● Continuation of discussion about RA 9484: The  Can foreigners take the exam in the Philippines?
Philippine Dental Act of 2007 and (later on) Code of - Yes, but practicing after is a different story.
Ethics (passed on 2008)
SECTION 15. Scope of Examination
ARTICLE III
SECTION 14. Qualification for Admission Usual schedule for exams: 1 week of theoretical exams
 Monday: 3 exams, 2 hours each, 1 hr break
SCENARIO - 3 Exams -> Day off -> 3 exams -> Day off ->
Dr. Yoon, a Korean national, obtained a special permit to take 3 exams
the Philippine Dental Licensure examinations. She passed the
exams, and then decided to set up a clinic for the Korean  General and Oral Anatomy and Physiology
community in the Philippines. Can she legally do this?  General and Oral Pathology, General and Oral
Histology, and Microbiology
 Recap: There are some issues on equity here since  Restorative Dentistry, Public Health and Community
Dr. Yoon is planning on catering to only a specific Dentistry
population. The other argument is that she should not  Prosthetic Dentistry and Dental Materials
be practicing in the Philippines (no matter what  Roentgenology, Oral Diagnosis and Oral Surgery
population you’re catering to) because she was just - Include Radiology and Implantology
given a special permit to take the exam.  Anesthesiology ad Pharmacology
- When you pass the exam under the special  Pedodontics and Orthodontics
permit, you are not allowed to practice in the
 Dental Jurisprudence, Ethics and Practice
Philippines, you’re just allowed to sit in the
Management
exams.
- They would have an equal weight in the
[2024]
exam compared to Oral Anatomy and
 The main question is, can Dr. Yoon set up a clinic
Physiology or Perio and Endo
and treat patients in the Philippines, whether Korean
 Periodontics and Endodontics
or not, given that she is a Korean national?
- The different courses or subjects are
- According to foreign reciprocity, if there is an
clustered. Take 9 exams over 1 week. This
international agreement, she can set up a
was the planned clustering last year.
clinic if Filipino dentists is also allowed in
Korea to set a clinic if given a special permit.
PRACTICAL PART OF THE EXAM FROM APRIL 2021
 You need to know if the mother country of the
MEMO
foreigner allows Filipinos to practice in their country. If
 2 days of practical exams
hindi pinapayagan ang Filipinos doon, tapos na ang
- You would be given the exam guidelines for
usapan, However, for this case Dr. Yoon was given a
special permit to take the Philippine Dental Licensure day 1 na ang kasama ay yung cavity preps
Exam. and PFM
- For complete dentures 1 day din
 There are also issues of inclusivity because it is not
acceptable na Korean community lang ang patients  Class II Cavity Preparation unfilled
niya.  Class I Cavity Preparation unfilled
- For this memo, the Class II and Class I
FOREIGN STUDENTS WITHOUT RECIPROCITY would be left unfilled due to environmental
 Can sit in the examinations issues due to the use of mercury and
 Names will not be included in alphabetical list of amalgam.
successful examinees. - For tooth preps, depende pa if maxi or
mandi, premolar or molars

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DENT 162 | The Philippine Dental Act of 2007 (Part 2)
 Bridge Preparation (that should be ready for PFM)
 Survey and RPD design (bilateral one-piece casting);
no wax pattern
- You’ll be given a cast and you’re given
instructions to break down some of the teeth
(remove the 2 premolars on the left
quadrant, molar on the right quadrant) then
you’ll need to design the RPD framework
- Survey: you need to determine where the
rest of the abutments should be for your
RPD design. Last year you’ll only be doing
the design on paper + laboratory prescription
- For sir’s exam, they did a wax pattern on a
cast
[2024]
- For the RPD design, they took away the
making of wax pattern because it’s the
laboratory who’ll do the wax pattern anyway.
- However, Sir disagrees because a general
practitioner should know how to make a wax
pattern so they should know what a casting
would look like and what the expectations
should be.
 Complete Dentures; mechanical articulator
- No live patients for now because of the
threat of COVID-19
- Live patients were removed before due to
ethical reasons but returned after a few
years because you are able to demonstrate
your skills not only in mechanical
preparation but also to the biological,
physiological demands of a complete
denture.
[2024]
 Are these procedures pang-masa since this is the
most basic na ginagawa ng general practitioner?
 Last year there were talks that they would include
radiograph diagnosis lalo na if online ang exam.
SECTION 16. Ratings in the Examinations
 GWA of 75% with no rating below 50%
- If your grade is 90% on the 8 exams but
your 9th is below 50%, you will not pass the
licensure exams even if the GWA is greater
than 75%
- Must pass written part to take the practicals
- Practical exam grade below 70% means
examinee failed, even if GWA is 75%
 This shows the importance of skill
and dexterity
- Written/practical: 60% / 40%
 The Board may adopt its own internal procedure on
the implementation of these provisions
[2024]
- in terms of the rating, sometimes they may
opt to curve the grades or to not consider
some items if a lot of examinees got it
wrong. They are allowed to do this without
sacrificing the outcomes of the exam which
should be to produce safe beginners.
SECTION 21. REFUSAL TO ISSUE CERTIFICATES
 If you pass the board exams, you will register to PRC
for you to be issued a certificate of registration
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November 4, 2022
o Before you pass the board exams, you have
to comply with the different requirements for
you to be admitted to the exam
 Convicted of a criminal offense involving moral
turpitude
o Certificate will not be issued even if you
passed the exam
o Refused entry into the roster of
professionals
 Immoral or dishonorable conduct
 Unsound mind
 The practice of a profession is not a natural absolute,
or constitutional right to be granted to everyone who
demands it. It is a personal privilege limited to citizens
of good moral character, with special educational
qualifications, duly ascertained and certified.
 It is like a driver’s license, the state can take that
away from you if you are a reckless driver and do not
follow the rules without regard of other people
 It is a privilege. If you do not abide with the different
rules and regulations, this privilege will be taken away
from you.
MORAL TURPITUDE
 The offense is contrary to justice, honesty, principles
or good morals
- So ang nangyayari lang kung minsan,
depending on who you talk with, or your
circle, it could be relative also. But at least
we should know the basic decency, the
basic morals, norms, that govern the society.
Pero yun nga kung minsan, nagkakaron ng
argument pa din dun.
 Element in personal misconduct in the private or
social duties which a man owes to his fellowmen, or
society in general.
 Characterizes the act done as an act of baseness,
vileness, or depravity, and contrary to the accepted
customary rules of right and duty between man and
woman.
- As sir mentioned earlier, it could be relative.
So it’s up to you on how you interpret it and
then make your case if a case is filed against
you. Kasi if absolute lahat yan, walang
trabaho ang mga lawyers, kasi everybody
will have the same way of interpretation.
- What we expect of you is to have a basic
knowledge of the rules and regulations and
your life learning on what is good and what
is right shall determine how you move, how
you act in a professional manner. So yan
yung ineexpect din natin sa isa’t isa when
we graduate as dentists.
 Examples of offenses of moral turpitude:
- Publication of defamatory matter
- Conviction of a charge adultery
- Concubinage
- Forgery
 If you forge documents. For
example yung sinubmit mong
documents for you to take the
licensure exams are forged. May
criminal inclination na yun. You
may not be issued a certificate.
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DENT 162 | The Philippine Dental Act of 2007 (Part 2)
- Serious oral defamation
- Embezzlement
 These provisions are pretty much there even prior
iterations of the dental law. In 9484 was signed into
law in 2007. At that time, social media was not as it is.
So the posts that you do or make may hunt you
eventually. So make sure think before you click.
Because nasa age na tayo ng resibo. So madaling
makakuha ng resibo kung minsan if you post
something. So if somebody takes a screenshot, it
cam bite you back pag talagang it was done
maliciously. So make sure to act professionally and in
what is customarily good.
IMMORAL OR DISHONORABLE CONDUCTS
 Any conduct or act which is willful, flagrant, or
shameless, and shows a moral difference to the
opinions of the good and reputable members of the
community.
- So sometimes, kung minsan sabi natin you
are not right for this place. Because if you
are surrounded by old-fashioned people,
mag shorts ka lang, they feel that is’s
immoral already. Women who drerss
comfortably with no malice at all can be
accused of being too sexual. That uis the
reality pero di dapat ganun. So sometimes, it
depends on the interpretation. Pero siguro
naman hindi ka marerefuse ng certificate of
registration just because of dressing
comfortably or whatever you want. Medyo
extreme na example yun pero that is the
example of how the levels of morality or the
perceptions of morality may differ for each
member of the society.
 Whether the immorality committed is connected with
the practice of dentistry or not is immaterial.
- Any immoral conduct that you do may result
for the non issuance of a certificate even if
the conduct is not dental in nature or not
during the practice of dentistry.
- If you remember there was a high profile
doctor before, who had his certificate of
registration as a medical doctor suspended
because of sex videos that came out. The
act was not done as part of the practice of
medicine, but it has grounds for his
certificate of registration as a doctor to be
suspended.
 So for section 21, diniscuss dito yung refusion to
issue certificate. If you already passed and then
something came out or somebody complained, hindi
ka maiissuehan ng certificate. When sir took
jurisprudence as a student sa upcd, ang nagging
example ng lawyer teacher before ay there would be
issues on medical graduates who sired a child out of
wedlock. For a female board passer who had a child
out of wedlock. And then they would receive
complaints of immorality. So before, nagproposper
yung ganung cases, pero ngayon pwedeng hindi na.
Sir is not saying it is right or bad but then nag iiba
yung sensitivities on different matters as time goes.
What may be very unethical before, may be more
acceptable now. Nag-iiba iba yan. So again, we need
to know how the norms in a community might change
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November 4, 2022
basta alam natin what is basically right and what is
basically not.
SECTION 22. REVOCATION OR SUSPENSION OF
CERTIFICATE
 So sa section 21, those were issues that you will be
refused the issuance of a certificate of registration. Sa
section 22, it’s discussed here the possible causes for
the revocation or suspension. Revocation means
parang binawi sya. Suspension means tinigil muna
yung validity niya.
 Unprofessional and unethical conduct
- Code of Ethics sets out the norm of what we
as dental professionals would follow
- When character has so degenerated as to
render him unfit to be further entrusted with
the duties and privileges of his calling, this
can be withdrawn
 Why is unprofessionalism and
unethical conduct an issue?
 Because you will be a health
professional. And professional have
certain level of expectation of how
you act and carry yourself. So if you
have been consistently
unprofessional and unethical, not
only degenerates you as the
person but also the profession as a
whole. So kaya nga collegial kasi
to. It is a personal privilege so you
have to conduct yourself properly.
 Malpractice
- If you are charged and then convicted of a
malpractice behavior, your certificate of
registration may be revoked or suspended
- An act involving ignorance, negligence,
unskillfulness, or moral turpitude
resulting in some injury to the patient
 So ang dapat merong nangyari sa
patient. Either nasaktan siya,
nagkainjury, or meron siyang hindi
nakuha so merong moral damages
sa kanya. Before it could be
malpractice. But again, it could be
relative. Kung feeling natin wala
naming problema sa kanya yun,
pero sa patient niyo pala they felt
injured or damaged, they might
have a case against you. So again,
act properly.
 Incompetency, serious ignorance, and negligence
can constitute acts that could be termed as
malpractice.
 Incompetency
- Inadequacy or insufficiency of skill and
learning, which renders the dentist unfit to
serve humanity
 kulang ang alam
 Serious ignorance
- Not necessarily a mistake
- When one doesn’t know
- Talagang walang alam o hindi alam
 Negligence
- Omission to do something which a
reasonable man, guided by those
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DENT 162 | The Philippine Dental Act of 2007 (Part 2)
considerations which ordinarily regulate
human affairs, would do or not do
 Alam mo kung ano yung tama at
mali pero ginawa mo pa rin kahit
alam mong mali
 What we expect of you when you graduate is first,
sana hindi inadequate yung learning ninyo. You will
be equipped with basic knowledge. You are also
expected to improve yourself as time goes on
because the skill and learning can be developed
further. So serious ignorance, so sana hindi kayo
makakasuhan nito from the basic knowledge that
you’ll get from the college and from the improvements
that you’ll do personally and professionally. If there
are some debates, sometimes they would say that
the worst one would be negligence. Kasi alam mo na
na mali pero ginawa mo na. Or alam mo na dapat ito
yung gagawin, pero hindi mo ginawa. Any of these 3
would constitue to malpractice na sana we should not
prejudice pa kung incompetent ka lang, kung serious
ignorance, or negligent ka. Because the 3 may ba
cause a malpractice suit against you.
MALPRACTICE
 An act involving ignorance, negligence, unskillfulness,
or moral turpitude resulting in some injury to the
patient
- Example: dapat ang ieextract mo ay 36
tapos ang naextract mo ay 27
- It resulted to some injury to the patient
whether morally, psychologically, it resulted
to some damage to the patient so pwede
kang makasuhan ng malpractice.
 Comprises all acts and omissions of a dentist to a
patient which makes the dentist either civilly or
criminally liable
- An act of omission may cause you to be
liable criminally and civilly
- Civil case- against sa individual to individual
 If there will be a civil case against
sir, it would be Michael Mendoza
vs. Regina Pengson
 It could be resolved between them
- Criminal case- against sa people
 Michael Mendoza vs. People of the
Republic of the Philippines
 It is a crime against the state
- Pag nainjure mo ang isang pasyente, hindi
ibig sabihin na magbibigay ka ng damage sa
buong Pilipinas. But in a way, if your license
is revoked or suspended, you would not be
able to practice because of that and may not
cause more harm to the public.
 Any conduct not in line with the requirement of good
dental practice
- We have been confident that you should
know what good dental practice is. Ano ba
yung ineexpect sa atin na type of dental
practice? Hindi naman tayo ineexpect na
extraordinarily good. But there is some
pressure in us to do that but the state
doesn’t actually expect you to be doing
extraordinary practice. Di ba good dental
practice average skills nga lang ang
hinahanap.
(bracket placement). Has been the advocacy of the Philippine Dental
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November 4, 2022
 Any malpractice case breaks the trust the patient put
in the dentist
 Good dental practice
- What the average, careful, diligent and
skillful dentist in the community, or like
communities, would or would not do in the
care of similar cases
- [FROM 2024 TRANS]
 (We also mentioned this last week)
You don’t have to be the best
dentist in the community; You can
try to be the best, but to see if
you’re doing good dental practice,
you may be judged based on
what’s happening in the community.
 If you are practicing in a
municipality, in a geographically
isolated province, your standards of
care may not be comparable to
what is practicing in a big city, for
example, in a cosmopolitan city.
 I don’t think it is difficult to do what
is average – the contention here is
if you obtained your degree,
passed the board exams, you have
what it takes to be at least an
average, a careful, and a diligent
dental practitioner.
 This is different to what is illegal
practice.
- Should the standards of care be different in
the 5th class municipality which is
geographically isolated?
 If walang facilities the area, we
should consider
 Illegal practice
 Committed by a person who practices the profession
without the professional license issued by the proper
authorities
- When you are charged with illegal practice,
you do not have a license to practice the
profession.
- So, if you are a dentist and if you were
charged with any of this, can you be charged
with illegal practice? Actually, no. If you are
not a dental professional, you cannot be
charged with malpractice, but you can be
charged with illegal practice.
Figure 1. A social media posting for cheap orthodontic services
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DENT 162 | The Philippine Dental Act of 2007 (Part 2)
Association (PDA) in the past few years. More often than not, these
are illegal practitioners because they are not licensed to practice the
profession. They are not skilled to do this procedure and services.
- These individuals are often charged with
malpractice which leads to the case being
dismissed because they should not be
charged with malpractice but instead, with
‘illegal practice.’
- DIY braces usually done by none
professionals are samples where they could
be charged with illegal practices.
SCENARIO:
 Vito Cruz finished dental school at a reputable
institution in the Philippines. He entered medical
school immediately after graduation. After passing his
physician licensure exams, he specialized in ENT. He
would also perform dental services on his patients
when he diagnosed oral problems during clinical
examinations as an ENT. The local dental chapter
filed an illegal practice suit against him. Will the case
prosper?
- [FROM 2024] YES. Nag-finish ng dental
school pero di nag-boards so ibig sabihin,
wala siyang license (as dental practitioner)
pero may license siya ng (pagiging)
physician. So, illegal practice (hindi
malpractice) kahit alam nya yung mga
topics/treatments pero wala pa rin siyang
right to treat the patient for dental diseases.
(*Remember that when you obtained the
degree, you are a dentist.)
- ENT, sakop ang head and neck, pero still
wala siyang DMD, and he does not have the
license to practice dentistry.
- (From Dr. Mendoza) Sa medical community,
diyan minsan nagkakaroon ng friction ang
OMS (oral maxillofacial surgeon) and ENT.
Minsan nagkakaroon ng “turfing” – what can
only be done by a dental professional and
what can be done by a medical professional.
- In this case, Vito Cruz should limit his
procedures to what’s for ENT. He can make
a contention that it is the same realm but by
definition sa RA 9484, on what a dentist
does.
- Though hindi diniscuss dito kung anong
specific oral problem he would treat, we
would go back to what the definition of a
dentist is and what a dentist does. And if
wala siyang license, maybe the case filed by
the dental chapter may prosper.
- Unless Vito Cruz proves that it is part of his
medical profession, covered by his physician
license, maybe, maiiba yung case.
 (from Room 5) Tama po na illegal practice suit yung i-
file kasi kahit nakapagtapos siya ng dentistry, wala
siyang professional license. If every na may makita
siyang oral problems, dapat i-defer niya sa licensed
dentist kesa siya yung gumawa.
 (from Room 4) Baka pwede po niya ma-justify na
under his field po yung oral problems na binigyan
niya ng treatment pero since the scenario said na
dental services, hindi pa rin po siya allowed. Pero for
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November 4, 2022
other problems baka ma-justify niya po na under his
field yung na-diagnose niyang oral problem.
 This is a perennial issue between the dental
profession and ENT. May encroaching of turf. But for
dentists, we have dentists who go into
oromaxillofacial surgery na usually, some programs
would actually give you a medical degree na din. This
depends pa rin kung ano yung gagawing procedure if
it really overlaps.
 What if Dr. Nicholas took the board exams ng
dentistry, went to medical school, specialized in ENT
tapos ganito yung ginagawa niya, would there be a
problem?
- This is a possible scenario because when
you are granted a license of practice, you
renew these every 3 years. Minsan hindi na-
re-renew yung isang profession. This is
another issue for illegal practice.
ARTICLE I
SECTION 4
 Definitions
- Based on RA 9484, it defines malpractice
three times.
- Sinasabi lang dito na administrative
malpractice is actually the same with
criminal malpractice based on the definition.
 Administrative malpractice
- Committed by a registered and licensed
dentist resulting to death or injury to the
patient
- General term for malpractice
 Criminal malpractice
- Refers to the offense committed
 Civil malpractice
- Commission of a criminal or administrative
malpractice by a registered dentist through
awarding of damages to the patients by the
regular courts
- This could be a point of confusion kung
minsan, what is administrative malpractice
and criminal malpractice. But we know what
malpractice is, generally. If there’s an act,
that led to injury to a patient, that could be
malpractice.
DEGREE OF SKILL REQUIRED
- use reasonable care in the performance of
her/his/their professional service
 average required from us
- act according to her/his/their best judgment
in treating patients
 knowledge, skills, and ethics and
morals are used in our best
judgement
- ordinary skill and learning possessed and
exercised by members of the profession in
good standing in the same locality
 you may be judged on where you
move around
 if you follow reasonable care, act
with best judgement and using
average skill, you should be safe
[FROM 2024] QUESTION:
 What is the level of degree required of us?
- Highest degree.
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DENT 162 | The Philippine Dental Act of 2007 (Part 2)
- As healthcare professionals, we want to be
lifelong learners. We want to improve
ourselves. We want to be the best that we
can.
 But the law just says that as long as we... use
reasonable care in the performance of his
professional service, okay na.
- Relatively, medyo mababa yung level of
standards
 Act according to his best judgment in treating patients
 It’s the same as when you go to a restaurant, the
chef and the kitchen staff would wash their hands
before preparing the food, they would not use
spoiled ingredients.
 The same with dentistry: the patients come in,
they would trust you to have the proper
knowledge, to not reuse the disposables, to
sterilize what needs to be sterilized, to write
down what should be written down.
 Ordinary skill and learning possessed and exercised
by members of the profession in good standing in the
same locality.
- Actually, ordinary skill and learning lang ang
hinahanap sa atin which could not stop us
from bettering ourselves, to be the best
dentist that we can, but by law, you are just
expected to have ordinary skill.
- Again, it should not stop us to be better, for
example, you were charged for cases that
would violate RA 9484, just prove that you
have that average skill in that area or
locality, you should be okay.
- Unless, of course, you say you are a
specialist, then ordinary skill and learning
may be higher compared to a generalist.
- Sa puso natin, we are striving to be the best,
but the law supports us in a way, if we have
or we encounter problems, what is expected
of us is just the ordinary skill and learning.
SCENARIO (Small Group Discussion):
 Macky was having his scaling and polishing done,
and the dentist accidentally punctures Macky’s inner
cheek with the scaler. Will a malpractice case filed by
Macky against the dentist prosper?
- [FROM 2024] (From small group discussion)
Yes. Kasi may damage. Nagkaroon ng
breach sa standard of care, nag-cause ng
injury sa patient.
- (From open forum) Yes. Kasi it states that
“those in the performance of their
obligations” na “guilty of negligence” ay
pwedeng makasuhan ng malpractice and
can be held liable for damages. Since the
dentist harmed the patient in the process of
treatment, he did not have the diligence
required in performing his obligation, causing
an injury to a patient na hindi gagawin ng
isang competent dentist. Under same
circumstances, parang enough grounds to
sue the dentist.
- Yes, but towards “incompetency” (instead of
“negligence”). Sa negligence kasi, “to do and
not to do”. Yung precautionary measure na
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dapat nagawa niya ay hindi niya nagawa so
incompetent siya sa part na iyon.
 Follow-up question: What precautionary measure can
you do when doing scaling and polishing?
- Finger rest
 Let’s say the doctor utilized the use of a finger rest but
does it totally avoid possible injury to the inner cheek?
- Retract the cheek, actually four-handed
dentistry. Is injury in the mouth still possible?
Yes.
- Maybe that’s what we consider in our
profession. We are dealing with sharp
instruments in a small space, so injuries are
possible to happen.
- The question now is what do we do to make
sure these are minimized. (*nag-lag si Doc)
- Ano ba yung steps na ginawa ni dentist? Or
what happen to the accidental puncture? For
example, Macky suddenly moved kasi he
received a text message sa cell phone nya,
and then it slipped so nasugatan siya.
- If we look at just one scenario, walang
trabaho ang mga katulad ni Atty. Cadiente
(T/N: walang lawyers), walang arguments.
We have to look for the merits of the case
also.
 Who caused the injury?
- Depends on the a case to case scenario.
PROOF OF MALPRACTICE
 The complainant has the burden of proof to show the
lack of skill or negligence of the dentist
- If we have to prove malpractice, the burden
of proof is on the complainant
QUESTION:
 In the case mentioned earlier, can we say that it is
already included in the consent form, that included in
the risks of scaling and polishing na matamaan yung
soft structures?
- Yes.
- Actually, part of oral health education, or
when you start treatment, you give the pros
and cons and the possibilities that can
happen, possible reactions, possible side
effects, etc.
- But for us to have a blanket consent, for
example, if an injury occurs the dentist will
be liable (not something we can include
fairly).
- Again, the burden of proof will be on the
complainant now, the negligence occurred
during the procedure.
- If you are professional enough, and the
patient has seen how you act, they would
know those small accidents can happen. So
they would understand. But based on the
law, any injury that the patient would have,
they could have the right to sue and ask for
damages.
- Kaya sometimes it takes to be good with
your patients because they would
understand. Kung diniscuss yung possible
na mangyari, so the patient would know.
They would not be moving around kasi takot
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sila sa dentist, there should be somebody
there to hold them.
 Without expert testimony, it is presumed that the
dentist exercised the ordinary care and skill required
- Sometimes, if it goes to court, there should
be expert testimony to say that “Yes, the
skills and the procedures performed by the
dentist is not of adequate skill”
 res ipsa loquitor
- the thing speaks for itself
- If alam natin na mali na talaga, it is easier to
prove now that there’s negligence or there is
incompetency that occurred
- Can be used as proof of malpractice
- Ex. anaesthetize patient for mandibular
block, you only insert 3/4 of the needle,
standard of care. So that it will not be hard to
remove in case of a breakage.
 Against usual standard of care if
you inserted more than ¾
RES IPSA LOQUITOR
 The accident does not ordinarily occur in the absence
of someone’s negligence
- Whenever you do procedures, you always
know what to expect and you would know
what to expect if you have that skill and
adequate knowledge, so, you also know how
to counteract those if it happens
- Example: Extraction of upper molars and you
breach the sinus; you already have
armamentaria prepared before you start the
procedure in case that happens and when it
happens you know what you will do
- If the errors speak for itself, it’s easier to
prove now for the complainant but we need
see also who played a part in that accident
- Because sometimes, for example, the
patient is suddenly moving
- Another example is during vaccination.
Ordinarily, sasabihin ng vaccinator, hinga
muna nang malalim at huwag gagalaw,
sometimes, napapagalaw tayo kasi titingnan
natin
- Those movements could cause some issues
with the procedure
- This is especially true if it was a dental
procedure since we will be dealing with more
delicate structures
- If you have the average skill, it would be
more difficult to prove that you’ve been
negligent
 Caused by an agency or instrumentality within the
exclusive control of the defendant
 Must not have been due to any voluntary action or
contribution on the part of the plaintiff
- Kung yung dentist may kasalanan, even if
not related to dental procedure, they are
liable for that because area has to safe as
the standard.
REQUISITES TO PROVE NEGLIGENCE
 The dentist owed him a duty of care
 An act of negligence occurred that damage resulted
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- Easier to prove if there is damage, but it can
also be relative.
Feriel ended 1:21:07
 To prove negligence, first, there’s a duty of care, an
event occurred, and that damage resulted
 If there’s no damage/injury, walang kaso
 But then, the patient would say they had mental
anguish because of the fear that something would
happen, so they have to prove that
 For your case, you have to prove that you did
everything up to part to avoid those types of damages
 Fortunately, the Philippine society is not litigious
MALPRACTICE
 Used only in administrative case in the Philippines
- No such crime in the Revised Penal Code
 In the Philippines, malpractice is
only seen as an administrative case
and no such crime in the RPC
unless there is an amendment /
revisioms to the penal code
- Filed before the Board for revocation or
suspension of license
- Criminally liable for the injuries civilly liable
for damages
 If you are charged with malpractice,
this is filed before the Board of
Dentistry, and you may be
criminally liable for the injuries and
civilly liable for damages
QUESTION:
 Is overtreatment included in the scope of malpractice?
ANSWER:
 As the complainant you have to prove that. When you
prove that, the burden is on the complainant. Actually,
it is a malpractice because it means you have been
negligent in following science. Yung usual argument
of replacing amalgam restorations, do you need to
replace amalgam restorations? Yes, if it is worn out,
or has fracture, or has open margins. Otherwise, you
don’t need to replace it. If the reason is just to rid
yourself of the amalgam, it is not reason enough to
have it replaced.
 There are cases of overtreatment. Sa halip na mag-
fu-fluoride varnish ka lang, cinrown mo. Unless you
prove that it should not be the case, you could still be
charged with malpractice.
FOLLOW QUESTION:
 Mahirap po yung situation na yon for the patient kasi
the burden of proof is on you pero hindi ka naman
expert
ANSWER:
 That’s true. Kaya minsan unless meron ka masabihan
as a patient then you’ll know. Maybe that’s also the
challenge for the Philippines because oral health
education is rather low so sometimes, the patients
would not know what is right for them. That has been
changing in the last few years because of the internet.
Sometimes they would go to your clinic saying they
would prefer a Glass Ionomer filling because it has
fluoride release then sometimes ang indication for the
case of that patient is already Amalgam.
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DENT 162 | The Philippine Dental Act of 2007 (Part 2)
 Bottomline: The burden of proof is on the
complainant, and you would know that if you consult
experts.
FOLLOW QUESTION:
 Parang second opinion? For example, namahalan ka
sa proposed treatment plan nang isang dentist, then
hihingi ka ng second opinion?
ANSWER:
 Pag hihingi ka ng second opinion for a treatment plan,
that’s different from having a case of overtreatment
kasi nagawa na. Iba pang kaso yung doon sa kapag
hahanap ka ng better rates. If you go for a second
opinion, then magkaiba yung treatment plan na
binigay, can you say that damage has been done or
injury has been given to you kung hindi ka nagawan
ng treatment?
FOLLOW QUESTION:
 Paano, halimbawa, nag-uusap yung dental student
and yung relative then yung relative sinabi na ganoon
kamahal yung procedure tapos sa knowledge nang
student, hindi necessary yung ganon [treatment]. Can
the patient still sue the dentist for malpractice on the
grounds of overtreatment?
ANSWER:
 Yes. Ang basis non, when you say overtreatment,
instead of doing more conservative, you did
something more invasive. You could use arguments
on the longevity of the tooth now, the quality of life. It
would still be the burden of the complainant. For
example, sa halip na restoration lang ay ginawan ng
crown, baka naman habang ineexacavate, na-
undermined na leading to the need for a crown.
Those might be the arguments of the dentist.
 You could still go after if you think there was an intent
to deceive, if there was fraud in the treatment
planning for the patient to choose another treatment.
ARTICLE III
SEC 22. REVOCATION OR SUSPENSION OF CERTIFICATE
 Fraud
- Conduct that operates prejudicially on
the rights of others, and is so intended
- Deception practiced to induce another
with property or to surrender some legal
right
- Ex. If the dentist said something to the
patient for the patient to choose otherwise or
to choose a different treatment plan,
meaning the patient now surrendered
monetary wealth because he was led to
believe na dapat [for example] i-root canal
na ito pero dapat pala hindi, that could be
fraud
- If the other party surrenders something. In
this case, nagbayad siya ng mas malaki na
dapat pala hindi which could be fraud
 Deceit
- False representation, where one misleads
another to his prejudice
- When you do that intentionally to mislead
 False statement
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- Statements which are willfully false or
fraudulent, intended to deceive
- Kung nagsisinungaling ka
- Ex. If you say you finish a course in Oxford
tapos hindi naman pala (whether it is false
statement, deceit, or fraud, there is a
criminal inclination because you try to fool
people)
 These three are related / overlap with each other
 Fraud, deceit and false statement
- Acts of dishonesty showing criminal
inclinations
- Telling you have a degree when you really
don’t have
 Employment of non-dentists
- A ground for the revocation or suspension of
your certificates of registration is when you
employ non-dentists
 For public safety
- We need to protect the public
 The mere fact that he/she/they
employs other persons to
practice dentistry when they are
not registered is sufficient cause
- The mere fact that you
employ somebody as a
non-dentist [especially if
you know that they are not
dentist] would make you
liable already even if you
were not the fake dentist,
your certificate can easily
be revoked or suspended
 Employment of deceit or fraud to extend clientele
 False advertisements or fraudulent claims of
professional attainment and skills
- Involves moral delinquency which constitutes
dishonorable conduct
 When you represent that you say
you’re a specialist when you’re not;
when you advertise and say about
your professional attainments or
skills, if you say you are an
alumnus of the school and then
you’re not, that could be a ground
for revocation of your license
 When a patient needs implants and
it would be financially rewarding for
you if you perform it, without even
having proper training to that
procedure.
 Complaint submitted to the Board
- These complaints are submitted to the Board
of Dentistry
 Any person, firm or association may file charges
- Even a non-patient
- Ex. If someone witnessed and search about
it then found out that there is really a
problem, he can actually file that complaint
but again, the burden of complaint is to that
someone to show that there was some
negligence and malpractice that happened
- It does not have to be the patient who would
complain, anybody
 The Board may investigate or take cognizance
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DENT 162 | The Philippine Dental Act of 2007 (Part 2)
- The Board could always investigate and
investigate it for due process
 Right to appeal
- And part of the due process is for you to
have the right to appeal / to be heard in case
your certificate is revoked or suspended
- This is a statutory right
- This is not an inherent right
 No person shall be deprived of life, liberty, or
property without due process of law or be denied
the equal protection of the laws
- That is a right that we have, that you will not
be deprived of what you have without due
process
SEC 23. REINSTATEMENT, REISSUANCE OR
REPLACEMENT
 Apply after 2 years
- In case your certificates are revoked or
suspended, this could be reinstated after two
years
- You need to apply again to the board, hindi
siya automatic na kapag nag-lapse siya ay
pwede ka na magtrabaho ulit as a dentist
 May exempt the applicant from re-taking the
licensure examinations
- The Board of Dentistry may exempt you from
taking the exam or ask you to take the
exams again, they have that prerogative
 Given in a Board resolution subject to the
approval of the PRC
- That does not mean when the x years have
already been lapsed, the revocation /
suspension has been automatically lifted.
You must apply and wait for that resolution
that you are allowed again.
SEC 24. SPECIAL PERMIT TO FOREIGNERS
 How about if you were a foreigner and you were seen
to violate the provisions of 9484?
- This will also be revoked
 Who are the foreigners who could have special
permit to practice?
- Foreigners are usually not allowed to
practice unless there is reciprocity
1. Dental armed forced forces but must render
service to their members
- The special permit would entail armed forces
personnel from other countries who is part of
the human resources when they go on tours
of duty
- Ex. Kapag may balikatan or sa BFP, you
have US personnel coming in, they usually
also have dentists on board with them
2. Invited specialists
- Doing special procedures during conventions
or a special case that they are invited to treat
a patient, they may be exempted from taking
the board exams because they are
foreigners, but they could have a special
permit to practice but this would be limited to
the specific tasks or cases.
 Work limited to specific tasks
- Ex. Armed forces – they are only allowed to
service their fellow armed forces
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 Activities must be monitored by the PDA
 Sec 18. ...required to register in person
- Though, Sir does not witnessed a VIP in the
field of dentistry doing this.
ARTICLE IV
SEC. 25 CODE OF ETHICS AND DENTAL PRACTICE
 Board shall adopt and promulgate the Code of
Ethics and the Code of Dental Practice as issued
by the accredited professional organization of
dentists
- Code of Ethics and the Code of Dental
Practice will be issued as an attachment to
PDA of 2007 (R.A. 9484)
- So it would support now RA 9484, the Code
of Ethics
 Issue 2 separate resolutions
- One for Code of Ethics and the other for
Code of Dental Practice
- There should be two attached documents
that should follow the release of R.A. 9484
aside from the IRR.
NOTE: The next few sections below (from Sec. 26) for R.A.
9484 are the usual end provisions in any Republic Act.
SEC. 26 VESTED RIGHTS
 All dentists registered at the time this law takes
effect shall automatically be registered under the
provisions hereof
- Vested rights means if you are a dentist
even if you took the board exams before
2007 you will be covered under the law, it is
NOT an excuse to say “I don’t want to do
continuing dental education” because that
was not part of RA 4419 but now since 9484
is in effect, you must complete continuing
dental education.
- The new one will take effect or supersede
the previous law.
SEC. 28 DISPLAY OF NAME AND CERTIFICATE
 Display in a conspicuous place
 In plain sight of anyone who enter
- Can be placed in the reception area (visible
once a patient enters the clinic or your area
of practice), not at the outside of the dental
clinic, not in clear books.
- This is to let the patients know that they
would trust that you are a licensed
professional.
 Copy of the certificate in other branches of
her/his/their practice
- If you are practicing in multiple clinics, you
should have a copy in each one of them
 Owner or proprietor shall display the certificates
of all such persons
- The proprietor has the responsibility to make
sure this is done.
SEC. 29 CONTINUING PROFESSIONAL EDUCATION
 Implemented by the Board and the PDA thru CPE
Council of the Commission
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DENT 162 | The Philippine Dental Act of 2007 (Part 2) November 4, 2022

- You need to complete continuing dental
education units every three years prior to
renewal of your PRC ID
 Exempted if over the age of 65*
 60 credit units every 3 years is needed
 Earned from accredited providers
4. True or False. A foreign student may practice in the
Philippines when given a special permit to take the
licensure exam here
5. True or False. To pass the dentistry licensure exam, you
should have a GWA of at least 70% with no rating below
50
6. Enumeration. Give 3 reasons that will prevent you from
obtaining a certificate of registration

ANSWERS

1. Immoral or Dishonorable conducts

2. Code of Ethics

3. Malpractice
Figure 2. But in 2016, a new law – RA 10912 was passed that
implemented continuing education a requirement for all professions.
QUIZ 4. False

1. Identification. Any conduct or act which is willful,

flagrant, or shameless, and shows a moral difference to
the opinions of the good and reputable members of the 5. False
community.
2. Identification. What sets out the norm of what we as
dental professionals would follow?
3. Identification. It is an act involving ignorance, 6. convicted of a criminal offense involving moral turpitude,
negligence, unskillfulness, or moral turpitude resulting in unsound mind, immoral or dishonorable conduct
some injury to the patient.

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