MEDICAL JURISPRUDENCE: AN INTRODUCTION

LAW

061411

Sergio P. Paguio, MD., LL.B., FPSP,

a.FPSO
Public Law rules and regulations which regulate the
relationship between state and subject.
*Medical jurisprudence can be thought of as the law governing the practice
Ex. Criminal Law
of medicine. It is essential because it enables you to know your rights, the
b.
Private
Law
regulates the relationship of individuals.
patients rights so it gives you the advantage of protecting yourself against
Ex.
Law
on Obligation and Contracts
potential lawsuits.
Law on Torts and Damages
Any rule of action or order of sequence from which any beings
whatsoever wither will not, or cannot, or ought not to deviate.

Any warrant, instruction, measure, regulation or decision

governing any act, conduct, transaction, or proceeding including its
consequence.
Two important points in law

Conduct is included in the definition.

Can be violated but cannot be broken.

Focal point of non-deviation in law
JUSSIVE IN CHARACTER

This means that all concerned must cease and desist from certain
activities or conduct which otherwise would result in some loss,
damage, or injury, whether direct or indirect.
LAW

IS A BODY OF AUTHORITATIVE RULES BY WHICH CIVILIZED SOCIETY

REGULATES THE CONDUCT OF ITS MEMBERS

Particular - rule or opinion given by any agency of the state

Collective - refers to gross or bulk of specific laws relating to one

subject matter or obtaining in a given society.

Abstract - without definite article preceding it.

*An example of collective law is the Philippine Medical Association. It makes
Implementing Rules and Regulations (IRR) to be followed by all doctors. This
IRR is based on an existing law and is made by people who are really familiar
with the profession.
*Another way to put the abstract law is that the things speak for itself,
which means that the law may not be written but it is implied by the
circumstance.
*Without the law, the medical practice would not be protected.
Classification of Law

A.
NON-JURAL LAW:
- Law which is not enforced by state.
1. Natural Law- a system of rules and principles for the guidance of
human conduct which might be discovered by the rational
thinking of man and found to grow out of and conformed with
nature.
Ex. Law of Gravity

2. Divine Law- body of rules according to the will and command of

God.

Ex. Ten Commandments

3. Moral Law rules pertaining to, cognizable and enforceable by

the dictate of ones conscience to be the right conduct.

B.JURAL LAW:
- Law which is enforced by the state.
1. As to purpose
a. Substantive prescribe the right and obligations of persons in
relation with each other and with the society.
Ex. Law of Person and Family Relation (e.g. marriage)
Law on Property and Property Rights

b.Procedural concerned with the mechanical rules that govern

the means by which the substantive rights and duties are

vindicated or enforced.
Ex. Law on Criminal Procedure (e.g. rape)
Law on Civil Procedure

2. As to nature of the subject matter

Transcribed by: KC

Sources of Law

1. Constitution
2. Law enacted by the legislative body e.g. RH Bill
3. Decrees, Orders, Proclamation, Letter of instruction

e.g. decrees

during pandemics

4. Administrative acts, orders, rules and regulations e.g. Administrative

function of physicians

5. Local Customs
6. International Law e.g. Reciprocity Clause
JURISPRUDENCE

Deals with the general philosophy of the law, that is to say the
nature and elements of the law.

Nature --- concerned with derivation, development and

thrust.

Elements --- deals with legal concept which are

material to the legal ordering of society namely state, sovereignty,
legal facts, legal relations.

Deals with theoretical and mechanical aspects of law as a

discipline
MEDICAL JURISPRUDENCE

Is the legal aspect of medical practice.

Is concerned with the aspect of law and legal concepts which has
to do with the practice of medicine.
Purpose of the Study:

1. To protect the public from charlatans and quacks who preyed on the
sick and disabled.

2. To

promote professionalism and foster professional inter-relationship

among those concerned with the welfare of the patient.

3. To

develop awareness of the rights, duties and obligations on both

health provider and patient.

4. As a counter means to control the increasing number of malpractice

suits against health providers.

5. To

explain the purpose and procedure of certain legislation where

medical science is involved.

6. To

study the need, repeal or amendment of health care laws in

harmony with recent scientific and social development.

Potent Control of Quality of Medical Service

1. Licensure Law
2. Code of Ethics of Medical Profession
3. Criminal / Civil Law
4. Medical Societies
5. Hospital Rules and Regulations
6. Public Opinion

DIFFERENCE BEWTEEN LEGAL MEDICINE AND MEDICAL JURISPRUDENCE

LEGAL MEDICINE
MEDICAL JURISPRUDENCE

Medicine applied to law

Law applied to the
and administration
practice of medicine

Basically originate from

Emanates from acts of
the development of medical
congress,
executive
orders,
science
administrative circulars customs
and court decisions

Branch of medical science

Based on principle of
coordination
(coordinates medicine to law and
justice)

Branch of law
Based on principle of
subordination
( the duty of the physician to obey
the laws and to act within the
bounds of law)

The Law and the Practice of Medicine:

The goal of profession of medicine is service to humanity.

Its primary objective is to preserve life and maintain the health of

the people regardless of race, creed, or political affiliation.

The right to regulate the practice of medicine is based on the

police power of the state.

Police Power is the power vested in the legislature to make such

wholesome and reasonable laws not repugnant to the constitution as it
shall be adjudged to be for the good and welfare of the state and its
people.

Police Power is the power of the state to promote rules and

regulations for the interest of welfare, health, morale and safety.
Three types of cases that can be filed against doctors:

1. Administrative

filed under the PRC and is usually due to crimes

involving moral turpitude (immorality)

2. Civil
3. Criminal

BOARD OF MEDICAL EDUCATION

Medical Act of 1959 (RA 2382). Primarily concerned with
standardization and regulation of medical education.
*maintains the quality of medical education
PROFESSIONAL REGULATION COMMISSION (PRC)

III.

P.D 223 as amended by P.D 657. To have general supervision and

regulation of all professions requiring examination including
practice of medicine.

BOARD OF MEDICINE:

3. To

determine and prescribe the minimum number and minimum

qualification of teaching personnel including the student to teacher
ratio.

4. To determine and prescribe the minimum required curriculum leading

to the degree of Doctor of Medicine.

5. To determine and prescribe the minimum required curriculum leading

to the degree of Doctor of Medicine.

6. To authorize the implementation of experimental medical curriculum in

medical school that has exceptional faculty and instrumental facilities.

7. To accept applications for certification for admission to a medical school

and keep a register of those issued said certificate.

8. To select, determine and approve hospitals or some departments of the

hospitals for training which comply with the minimum specific physical
facilities.

9. To

promulgate, prescribe and enforce the necessary rules and

regulation for proper implementation of the foregoing functions.

The power of the Board of Medical Education must be exercised in

conjunction with the PRC.

1. One full-time Commissioner - term is 9 years without reappointment

2. Two full-time Assoc. Commissioner - term is 6 years without

II.

determine and prescribe requirements for the minimum physical

facilities of Colleges of Medicine.

PROFESSIONAL REGULATION COMMISSION (PRC)

COMPOSITION:

MEDICAL JURISPRUDENCE
Licensure and Regulatory Law

I.

2. To

Under the PRC

Medical Act of 1959 (R.A 2382 as amended by RA 4223 and 5946).
Duties:

1. To give examination for the registration of physicians.

2. The supervision, control and regulation of the practice

of

medicine in the Philippines.

*The Medical Act of 1959 is the backbone of the present medical act. Most of
what is written there still applies today.
BOARD OF MEDICAL EDUCATION
COMPOSITION:
Chairman: Secretary of Education and Culture
Members:

1. Secretary of Health
2. The Director, Bureau of Private School or his duly representative.
3. The Chairman, Board of Medicine.
4. Representative from PMA
5. Dean, College of Medicine, UP.
6. Representative, Council of Deans of PMA
7. Representative, APMC.
FUNCTIONS:

1. Determine

and prescribe the requirements for admissions in to a

recognized College of Medicine.

Transcribed by: KC

reappointment.
*Two full-time Assoc. Commissioner of a term of 3 years with
reappointment
QUALIFICATIONS:

1. At least 40 yrs. old

2. Familiar with the principles

and methods of PRC at least 5 yrs. Of

experience.
Power of PRC

Prescribe or revise collegiate courses the completion of or

graduation from which shall be a prerequisite for admission into the
practice of the profession concerned.
Powers of the Commission

Enforce policies of national government as regards to professions;

maintain occupational standards and ethics.

Perform all acts to implement its functions and to improve its

service.

Review, coordinate, integrate, approve the policies, resolutions,

rules, regulations, orders, decisions promulgated by the Board.

Administer and conduct licensure exams. Of various Boards;

determine the place an dates; approve the release of results.

Keep and maintain a register of the practitioners of the of the

profession; issue certificates or licenses

Have custody of all records of cases, investigations, examination

results.

Fix and collect the amount to be charged for exam., registration,

licenses, annual fees, certification, other fees

Appoint officials and employees of the Commission to have

effective performance of its functions and responsibilities organize the
structure, abolish positions, designate positions appropriately when
necessary.

Submit and recommend to the President the nominees for

members of various Boards.

May approve the registration of and authorize the issuance of a

certificate of registration with or without examination to a foreigner
who is registered under the countrys laws provided that:

There is provision of reciprocity and endorsement.

The applicant submits documents showing that such reciprocity is

evident.

The commission may authorize the issuance of the certificate of

registration without exam. or a temporary special permit to practice to any
foreigner

Commission is also authorized to prescribe additional requirement

or grant certain privileges to foreigners seeking registration as long as the
same goes for Filipino citizens going to their country.

Professional - those whose names appear in the registration book

of the Commission as authorized to practice their respective
professions.

Practicing Professionals - those who are engaged in, or are

performing acts constituting public practice of their professions
whether regularly or otherwise, including those holding positions in the
government, requiring knowledge of their professions.
BOARD OF MEDICINE
COMPOSITION: (appointed by the President of the Philippines)

6 MEMBERS

2 ONE YEAR TERM

2 TWO YEAR TERM

2 THREE YEAR TERM

*2 new members appointed yearly to replace those whose term expire
Qualifications to be Board of Medicine

Natural born citizen of the Philippines

Duly registered Physician in the Philippines.

Practice of Medicine for at least 10 years.

Of good moral character.

Not a member of faculty of any medical school and has no

pecuniary interest, directly or indirectly in any institution where any
branch of medicine is taught at the time of his appointment.
Power, Functions and Responsibilities of the Board of Medicine

Determine and prepare licensure exams; score and rate papers;

submit result within 120 days after the last exam day unless extended;
determine passing and general rating.

Promulgate rules and general regulation as may be necessary for

the proper conduct of the exams, correction of exams and registration
of physicians- these rules take effect 15 days after the date of their
publication in the official gazette and cant be change within 60 days
before any exam.

To administer oath physicians who qualify.

To study the conditions affecting the practice of medicine in all

parts of the Philippines

Investigate violations to their laws and may issue summons,

subpoena and subpoena duces tecum to alleged violators and
witnesses.

To conduct hearings or investigations of administrative cases filed

before them.

To promulgate decisions on such administrative cases subject to

review by the commission.
ADMISSION TO THE PRACTICE OF MEDICINE
PREREQUISITES TO THE PRACTICE OF MEDICINE:

A.

HE MUST MEET THE MINIMUM AGE REQUIREMENT

At least 21 yrs. of age (this is the age of majority in the Philippines

and it is the age when a person has the capacity to act capable of
having juridical effect.

An applicant for admission may take and pass the examination

below the age of majority, but the certificate of registration may
only be issues to him when he reaches the age of 21.

MINIMUM REQUIRED (COLLEGE) COURSES

Anatomy
Ophthalmology
Physiology
ENT
Transcribed by: KC

Biochemistry & Nutrition

Pharmacology
Microbiology & Parasitology

Pediatrics
Obstetrics and Gynecology
Surgery
Preventive Medicine & Public Health
Legal
Medicine
including
Jurisprudence, Medical Economics &
Ethics, Medicine & Therapeutics
Pathology

B.HE MUST HAVE THE PROPER EDUCATIONAL BACKGROUND:

- He must be a holder of a bachelors degree in science or arts.
- He must not have been convicted by any court of competent
jurisdiction of any offense involving moral turpitude.

He must be able to present the following:

1. Record showing completion of bachelors degree in science or

arts.

2. A certificate of eligibility for entrance in a medical school from

the Board of Medicine

3. A

certificate of good moral character issued by two former

professors in the college

4. Birth certificate
Note: Nothing in this act shall construe to inhibit any college of medicine
from establishing additional requirements.
C. HE MUST MEET THE EXAMINATION REQUIREMENTS:
1. Preliminary Examination:
a. At least 19 yrs. of age
b. Of good moral character
c. Must have completed the first two years of the medical course.
Scope of Preliminary Examination

Anatomy and Histology

Physiology

Biochemistry

Microbiology and Parasitology

2. For the final examination:

a. Shall be a citizen of the Philippines
b. 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 countrys
existing laws permit citizens of the Philippines to practice
medicine under the same rules and regulations governing
citizens thereof.
(Reciprocity Clause of the Medical Act)

*To elaborate on the Reciprocity Clause, if you are a qualified physician in the
Philippines, this clause provides you the opportunity to practice medicine in
other Asian countries without taking that said countrys physicians licensure
exam, provided that the physicians from that other country can also practice
in the Philippines without taking the Philippine licensure exams for physicians.
*A disadvantage seen in this clause is that the standards of education
between the Philippines and the other countries are so different in terms of
primary education, which is the foundation of learning.
Scope of Final Examination

Pharmacology and Therapeutics

Pathology

Medicine

Obstetrics and Gynecology

Pediatrics and Nutrition

Surgery, Ophthalmology, ENT

Preventive Medicine and Public Health

Legal Medicine, Ethics and Medical Jurisprudence

PASSING GRADE

AVERAGE OF 75% WITH NO GRADE BELOW 50% IN INDIVIDUAL

SUBJECTS

Rep. Act 1080 --- provides that the examinee who passed the BAR
and Medical Board Examination is equivalent to 1st grade Civil Service
Eligibility effective June 15, 1954.

A candidate who fails for the 3rd time in the complete examination
will be required to take refresher course prescribed by the Board of
Medical Examiners at least one year in a recognized medical school or
college before he could be allowed to take subsequent examination.

OATH TAKING

Except otherwise provided for by law, a certificate of registration

will be issued to those who successfully passed the examination.

He must take his Hippocratic Oath.

Certificate of registration shall be issued to every examinee who

has met the requirements prescribed in the Board of Law concerned
and these rules and regulations and other regulations.

Issuance of Certificate of Registration:

No certificate of registration will be issued to any candidate:

1. Who has been convicted by a court of competent jurisdiction of

any criminal offense involving moral turpitude.

2. Who has been found guilty of immoral or dishonorable conduct

after the investigation by the Board of Medicine

3. Who has been declared of unsound mind.

References:

Dr. Paguios Lecture

KCs Notes
END OF TRANS

Guys, please take note yung may mga highlight kasi yun yung mga sinabi ni
Dr. Paguio na mga must know. Oo nga pala, same format din ang trans na
ito from Legal Med. Sana makatulong.

Transcribed by: KC