Medical Jurisprudence Reviewer

Medical Jurisprudence Reviewer
PART I Back round!Introduction I. "efinition of Medical Jurisprudence A. "ifferentiate from #e al Medicine and $orensic Medicine Medical Jurisprudence A specialized area of legal practice concerned with the relationship between medicine and the law. -Scientific use of legal and paralegal specialties in the pursuit of justice in court proceedings in the protection of the public from medical negligence or malpractice -application of the principles of law as they relate to the practice of medicine, to the obligations of the practitioner to his patient, and to the relations of physicians to each other and to society in general -branch of medicine dealing with organization and relations of Medical Profession; duties and contractual obligation between practitioners and patients - aw #e al Medicine !he professional and academic discipline which concerns itself with legal aspects of medical science, medical practice, and other health care deli"ery problems -includes both forensic medicine and medical jurisprudence $orensic Medicine A specialized area of medical practice concerned with the relationship between medicine and the law. -subspecialty of pathology -Medicine
Prof. Grecia-Pascual _
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III. Branc%es of #aw w%ere MedJur!#e al Medicine ma& 'e applied A. (ivil #aw and $amil& (ode ). "etermination and termination of civil personalit& Art*+. $irth determines personality -concei"ed child shall be considered born for all purposes that are fa"orable to it, P'()*%&% it be born later with the conditions specified in the following article Art*). +or #*)* P,'P(S&S +etus- considered born if it is ali"e at the time it is completely deli"ered from the mother.s womb. -if */!'A-,!&'*/& *+& (+ 0 M(/!1S- *t is not deemed born if it dies w2n 34h after its complete deli"ery from the maternal womb Art*,. #i"il personality e5tinguished by %&A!1 &ffect of death upon the rights and obligations of deceased is determined 6by law 6by contract 6by will Art*-. %(,$! between 37 persons who are called to succeed each other, as to which died first, whoe"er alleges the death of one prior to the other, shall pro"e the same 6presumption- %*&% A! !1& SAM& !*M&, no transmission of rights from one to the other ,. #imitation or restriction of a natural person.s capacit& to act Art-/. M&'& '&S!'*#!*(/S on capacity to act 8do not e5empt the incapacitated person from certain obligation 9 e.g. arise from his acts or from property relations: ;Minority ;*nsanity ;*mbecility ;State of being a deaf-mute ;Prodigality ;#i"il *nterdiction Art-0. Modify or imit #apacity of Act;age ;insanity ;imbecility ;state of being a deaf-mute ;penalty ;prodigality family relations ;alienage ;absence ;insol"ency ;trusteeship #ircumstances- go"erned 6/##
II. Role!Purpose of Medical Jurisprudence A. #ause of Action $. %efense #. &"idence
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6other codes 6'(# 6special laws ;#apacity to act is not limited on account of religious belief2political opinion ;Married woman 7 3<7 y.o. = >ualified for all acts of ci"il life ?- specified cases by law -. T%e marria e and le al separation *. Paternit& and $iliation ;$efore- $lood !ype 9 but conclusi"e only of /(/PA!&'/*!@ 8would pro"e that you.re not related: ;/ow- %/A 2. Tetamentar& (apacit& of a person makin B. (riminal #aw ). (ircumstances affectin criminal lia'ilit& -Age of accused -ju"enile Austice Act ,. (rimes A ainst Persons -. (rimes a ainst (%astit& (. Remedial #aw <. Physical and Mental &5amination of a Person 8'3B: 3. Proceedings for hospitalization of an insane person 8'<C<: D. 'ules on &"idence ". 3pecial #aws <. #omprehensi"e %angerous %rugs Act- !est E(/ person positi"e for S,$S!A/#& A$,S& 3. *nsurance aw- !est E(/ person insurable6 D. abor #ode- +itness to worFG 4. &mployee.s #ompensation aw H. Anti-"iolence against Eomen and their #hildren Act of 3CC4 I. Au"enile Austice and Eelfare Act of 3CCI Part II 45A#T4 #A63 7$ T45 P4I#IPPI853 I. 45A#T4 PR7$533I78A#3 9)2: ). P4;3I(IA8 9RA ,-/, < M5"I(A# A(T 7$ )020= A3 AM58"5": 3ection )+. Acts constitutin practice of medicine. J 8a: who shall, 6 for compensation, fee, salary or reward in any form, paid to him directly or through another, or even without the same, >9P5"TR7P: a will
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;physically e5amine any person, and ;diagnose ;treat ;operate ;prescribe any remedy for any human disease, injury, deformity, physical, mental or physical condition or ailment, real or imaginary, regardless of the nature of the remedy or treatment administered, prescribed or recommended; 8b: who shall, by means of signs, cards, ad"ertisements, written or printed matter, or through the radio, tele"ision 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; 8c: who shall use the title M.D. after his name. Ma.am 8with regard prescription of drugs:- if a pharmacist in a drugstore prescribes a drug e"en if he is not a registered physician, he may be held liable for illegal practice of medicine 3ection )). 5?emptions 9not deemed as practicin :. 8a: any medical student 6duly enrolled in an appro"ed medical college or school under training, 6ser"ing without any professional fee in any go"ernment or pri"ate hospital, 6provided that he renders such ser"ice under the direct supervision and control of a registered physician; 8b: any legally registered dentist engaged e5clusi"ely in the practice of dentistry; 8c: any duly registered masseur or physiotherapist, 6pro"ided that he applies massage or other physical means upon written order or prescription of a duly registered physician, 6or pro"ided that such application of massage or physical means shall be limited to physical or muscular development; 8d: any duly registered optometrist 6who mechanically fits or sells lenses, artificial eyes, limbs or other similar appliances 6or who is engaged in the mechanical examination of eyes for the purpose of constructing or adjusting eye glasses, spectacles and lenses; 8e: any person who renders any ser"ice gratuitously in cases of emergency, 6or in places where the ser"ices of a duly registered physician, nurse or midwife are not a"ailable; 8f: any person who administers or recommends any household remedy as per classification of e5isting Pharmacy aws; and 8g: any psychologist or mental hygienist in the performance of his duties,
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6pro"ided such performance is done in conjunction with a duly registered physician. ,. 8@R35 9RA 0)A- < P4I#IPPI85 8@R3I8G A(T 7$ ,++,: 3ection ,/. 3cope of 8ursin . - A person shall be deemed to be practicing nursing within the meaning of this Act when 6he2she singly or in collaboration with another, 6initiates and performs nursing services to indi"iduals, families and communities in any health care setting. *t includes, but not limited to nursing care during conception, labor, deli"ery, infancy, childhood, toddler, preschool, school age, adolescence, adulthood, and old age. As independent practitioners, nurses are primarily responsible for the ;promotion of health and ;pre"ention of illness. A members of the health team, nurses shall collaborate with other health care pro"iders for the curati"e, pre"enti"e, and rehabilitati"e aspects of care, restoration of health, alle"iation of suffering, and when reco"ery is not possible, towards a peaceful death. *t shall be the dut& of the nurse to8a: Provide nursing care through the utilization of the nursing process. 8ursin care includes, but not limited to, ;traditional and inno"ati"e approaches ;therapeutic use of self-e5ecuting health care techni>ues and procedures ;essential primary health care ;comfort measures ;health teachings, and ;administration of written prescription for treatment, therapies, oral topical and parenteral medications ;internal e5amination during labor in the absence of antenatal bleeding and deli"ery. *n case of suturing of perineal laceration, special training shall be pro"ided according to protocol established; 8b: establish linkages with community resources and coordination with the health team; 8c: Provide health education to indi"iduals, families and communities; 8d: Teach, guide and supervise students in nursing education programs including the administration of nursing ser"ices in "aried settings such as hospitals and clinics; undertaFe consultation ser"ices; engage in such acti"ities that re>uire the utilization of Fnowledge and decision-maFing sFills of a registered nurse; and 8e: Undertake nursing and health human resource development training and research, which shall include, but not limited to, the de"elopment of ad"ance nursing practice;
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Pro"ided, !hat this section s%all not appl& to nursing students who perform nursing functions under the direct super"ision of a >ualified facultyPro"ided, further, !hat in the practice of nursing in all settings, t%e nurse is dut&-'ound to;obser"e the #ode of &thics for nurses and ;uphold the standards of safe nursing practice. ;to maintain competence by continual learning through continuing professional education to be pro"ided by the accredited professional organization or any recognized professional nursing organization- Pro"ided, finally, !hat the program and acti"ity for the continuing professional education shall be submitted to and appro"ed by the $oard. -. "58TI3T 9RA **)0-P4I#IPPI85 "58TA# A(T 7$ )0B2: 3ection )* "efinition of Practice of "entistr&. - A person shall be regarded as engaged in the practice of dentistry or rendering dental ser"ice, within the meaning and intent of this Act, 6who shall, for a fee, salary, compensation, or any form of reward, paid to him or through another, or even without such compensation or reward, ;perform any operation or part of an operation, 6upon the human mouth, jaw, teeth and surrounding tissue; ;prescribe drugs or medicines for the treatment of oral diseases and lesions; or ;correct malpositions of the teethPro"ided, howe"er, !hat this pro"ision s%all not appl& to 8not deemed as practicing: ;artisan or technicians engaged in the mechanical construction of artificial dentures or fi5tures and other oral de"ices, 6as long as none suc% procedures is done inside t%e mout% of the patient, ;students of dentistry undergoing practice training in a legally constituted dental school or college 6under the direction or super"ision of a member of the faculty who is duly licensed to practice dentistry in the Philippines; or ;registered dental hygienist ser"ing as dentistsK assistants who may be allowed to perform oral prophylaxis and such other procedures which the law regulating the practice of dental hygienists may permit. 3ection )2 5?emption from Re istration 9no need to re ister= t%ou % practicin :. - #ertificates of registration shall not be re>uired of 8<: commissioned dental officers of the army, na"y and air forces of any foreign country, 6whose operations in the Philippines are permitted by the Government, 6while rendering ser"ices as such for the members of said forces only; and of
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83: dentist or oral surgeons from other countries 6who are invited for consultations or demonstrations, 6Pro"ided, that in such cases their worF shall be limited to the specific tasks assigned to them and 6Pro"ided further, that a previous authority has been granted by the board of %ental &5aminers who shall ha"e been the discretion to determine the duration of said authority, but in no cases shall it e5ceed the period of thirty days. Ma.am- Leneral %entist- any teeth Pendodontis 8G: &ndodontis8G:- root canal *. P4ARMA(I3T 9RA 20,) < A(T R5G@#ATI8G T45 PRA(TI(5 7$ P4ARMA(;: 35(TI78 ,-. "efinition of practice of p%armac&. - A person shall be deemed to be practicing pharmacy within the meaning of this Article, 6who shall, for a fee, salary, percentage or other reward paid or gi"en directly to himself or indirectly through another, 8<: PMAAP3"3 ;prepare or ;manufacture, ;analyze, ;assay, ;preser"e, ;store, ;distribute or ;sell any medicine, drug chemicals, cosmetics, pharmaceuticals, de"ices or contri"ances used in pursuance thereof; or 83: render pharmaceutical service in any office or drug and cosmetic establishment 6where scientific, technological or professional knowledge of pharmacy is applied; or 8D: engage in teaching scientific, technological or professional pharmacy subject in a college of pharmacy; or 84: conduct or undertaFe scientific pharmaceutical research for biological and bacteriological testings and e5aminations. /(! deemed practicing pharmacy- persons performing e ecutive manager or administrative functions and their subordinate personnel employed in the pharmaceutical laboratories 2. M5"I(A# T5(487#7GI3T 9RA 22,A < P4I#IPPI85 M5"I(A# T5(487#7G; A(T: 3ection ,9a: CMedical Tec%nolo &C. J An au5iliary branch of laboratory medicine 6which deals with the examination by "arious chemical, microscopic, bacteriologic and other medical laboratory procedures or techni>ue
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6which will aid the physician in the diagnosis, study and treatment of disease and in the promotion of health in general. Ma.am- lab person 9': CPat%olo istC. J A duly registered physician 6who is specially trained in methods of laboratory medicine, 6of the gross and microscopic study and interpretation of tissues, secretions and excretions of the human body and its functions 6in order to;diagnose disease ;follow its course ;determine the effecti"ity of treatment ;ascertain cause of death ;ad"ance medicine by means of research. 9c: CMedical Tec%nolo istC. J A person who engages in the worF of medical technology 6under the super"ision of a pathologist or licensed physician authorized by the department of health in places where there is no pathologist and 6who having passed a prescribed course 8$achelor of Science in Medical !echnology2$achelor of Science in 1ygiene: of training and e5amination 6is registered under the pro"ision of this Act. 9d: CMedical Tec%nicianC. J A person who not being a graduate of $achelor of Science in Medical !echnology2$achelor of Science in 1ygiene, 6but ha"ing passed the corresponding civil service e amination, 6performs the worF of medical technology under the super"ision of a registered medical technologist and2or >ualified pathologist. B. D5T5RI8ARIA8 9RA 0,B/ < T45 P4I#IPPI85 D5T5RI8AR; M5"I(I85 A(T 7$ ,++*: 3ec. ,0. Acts of (onstitutin Practice of Deterinar& Medicine. - A person who is 6authorized to practice "eterinary medicine under this Act 6shall append or cause to be appended to his name the letters;%.).M. 8%octor of )eterinary Medicine: ;)..M. %. 8)eterinary Medical %octor: ;%.).S.8%octor of )eterinary of Science:, 6the words ;M)eterinarian ;M )eterinary Surgeon ;M)eterinary %entist,M ;M)eterinaryM any other initial or title 6implying >ualification to practice, offer or render, for a fee or otherwise, services such as8a: !DT"PD- the e5amination and2or diagnosis, treatment, operation of, or the prescribing and dispensing of any remedy for, any injury to or
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diseases, ailment or deformity of animals; 8b: attesting for official or commercial purpose to the health of any terrestrial, a>uatic, domestic or non-domestic animals; 8c: rendering "eterinary technical ser"ices which indirectly affect the health and welfare of human beings and animals; 8d: attesting to the fitness for human consumption of animal products and by-products; 8e: holding of any job or position in a public or pri"ate entity which re#uires knowledge of or skill in veterinary medicine $any% so kahit &!" ka ng 'ayer veterinary ka(); or 8f: teaching or lecturing of "eterinary clinical subjects in the curriculum of the degree in "eterinary medicine. Pro"ided, !hat the enumeration of the abo"e practices or ser"ices in this Section s%all not 'e construed as e?cludin any other worF re>uiring Fnowledge and application of professional "eterinary medicine which the $oard may specify, upon the recommendation of accredited professional organization in )eterinary Medicine. 3ec. -+. @nlawful Practice of Deterinar& Medicine. - *t shall be unlawful for any person to practice "eterinary medicine and any of its allied branches, including "eterinary dentistry, without a valid and e isting &ertificate of *egistration and Professional +dentification &ard issued by the $oard of )eterinary Medicine and the #ommission. A. P4;3I(A# A8" 7((@PATI78A# T45RAPI3T 9RA 2B/+ < P4I#IPPI85 P4;3I(A# A8" 7((@PATI78A# T45RAP; #A6: 3ection ),. In%i'ition A ainst t%e Practice of P%&sical T%erap& and 7ccupational T%erap&.- /o person shall practice or offer to practice physical therapy and occupational therapy in the Philippines as defined in this Act, without the prescription of a duly registered physician and a "alid certificate of registration as a physical therapist or an occupational therapist, as the case may be issued by the $oard of &5aminers for Physical !herapists and (ccupational !herapists. A person shall be deemed to be practicin p%&sical t%erap& within the meaning of this Act, 6who for a fee or other consideration 6applies or ad"ises the use of %eat= cold= li %t= electricit& or ot%er means for the treatment or pre"ention of disorders or neuro-muscular or musculoskeletal systems of the human body 6or subject a patient to passive mobilization or physical rehabilitation procedures repeatedly. A person shall be deemed to be practicing occupational t%erap& within the meaning of this Act, 6who for a fee or other consideration, 6applies or ad"ices the use of the treatment or prevention of disorders of the physical or psychological formation of the human body,
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6or subjects a patient to occupational therapy procedures repeatedly. ;/ote- %efined in 3ection ,E 3ection ), pro"ides for the illegal practice of P!2(!- w2o registration 3ection )-. 5?emptions 9(ould practice even if not re istered:8a: any registered physician; 8b: any physical therapy and occupational therapy student as part of their undergraduate training in an appro"ed school, college or uni"ersity for physical therapy and occupational therapy, as the case may be; 8c: all physical therapist who are already in the government service who became eligible by "irtue of the testimonial e5amination gi"en by the #i"il Ser"ice #ommission on %ecember 3N, <NI0 in the #ity of Manila. /. RA"I7#7G; T5(487#7GI3T 9RA A*-) < RA"I7#7GI( T5(487#7G; A(T 7$ )00,: 3ec. 2. Practice of Radiolo & Tec%nolo &. J !he practice of radiologic technology shall include any and all acts by which one renders, furnishes, or contracts to render or furnish professional ser"ice as a radiologic technologist. A radiolo ic tec%nolo ist shall also be considered in the practice of his profession 6if the nature and character of his employment re#uires professional knowledge in the art and science of radiologic technology, 7and such employment or position re>uires that the holder thereof be a radiologic technologist. /othing in this Act shall be construed to dis>ualify other professionals duly registered with the Professional 'egulation #ommission from performing any of the acts abo"ementioned- Pro"ided, !hat under the law or laws go"erning their respecti"e professions, they may perform the said actsPro"ided, further, !hat no person shall use the title ,*adiologic Technologist, or any other title con"eying the impression that he is a radiologist technologist without having been issued a certificate of registration as radiologic technologist by the #ommission in the manner pro"ided in this Act. Ma.am- "s. 'A%*( (L*S!- doctor 0. 7PT7M5TRI3T 9RA /+2+ < R5DI35" 7PT7M5TR; #A6 7$ )002: 3ec. *. Acts (onstitutin t%e Practice of 7ptometr&. J Any of the following acts constitute the practice of optometry8a: !he e amination of the human eye through the employment of subjecti"e and objecti"e procedures, including the use of specific topical diagnostic pharmaceutical agents or drugs and instruments, tools, e>uipment, implements, "isual aids, apparatuses, machines, ocular e5ercises and related de"ices, for the purpose of determining the condition and acuity of human "ision to correct and impro"e the same in accordance with subsections 8b:, 8c:, and 8d: hereof;
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8b: !he prescription and dispensing of ophthalmic lenses, prisms, contact lenses and their accessories and solutions, frames and their accessories, and supplies for the purpose of correcting and treating defects, deficiencies and abnormalities of vision8c: !he conduct of ocular e ercises and vision training, the pro"ision of orthoptics and other de"ices and procedures to aid and correct abnormalities of human "ision, and the installation of prosthetic de"ices; 8d: !he counseling of patients with regard to "ision and eye care and hygiene; 8e: !he establishment of offices, clinics, and similar places where optometric services are offered; and 8f: !he collection of professional fees for the performance of any of the acts mentioned in paragraphs 8a:, 8b:, 8c:, and 8d: of this section. 3ec. 2. Pro%i'ition A ainst t%e @naut%ori1ed Practice of 7ptometr&. J /o person shall practice optometry as defined in Section D of this Act nor perform any of the acts constituting the practice of optometry as set forth in Section 4 hereof, wit%out %avin 'een first admitted to t%e practice of t%is profession under the pro"isions of this Act and its implementing rules and regulationsPro"ided, !hat this prohibition s%all not appl& to ;regularly licensed and duly registered physicians who have received post.graduate training in the diagnosis and treatment of eye disease;e5amination of the human eye by duly registered physicians in connection with the physical e5amination of patients ;public health worFers trained and in"ol"ed in the go"ernmentKs blindness pre"ention program conducting only visual acuity test and visual screening. )+. MI"6I$5 9RA A-0, < P4I#IPPI85 MI"6I$5R; A(T 7$ )00,: 3ec. ,-. Practice of Midwifer& "efined. J !he practice of midwifery consist in ;performing or ;rendering, or ;offering to perform or render, for a fee, salary, or other reward or compensation, ser"ices re>uiring an understanding of the principles and application of procedures and techni>ues in the supervision and care of women during -pregnancy -labor -puerperium management of normal deli"eries, 6including the performance of internal e amination during labor e?cept when patient is with antenatal bleeding; ;health education of the patient, family and community;
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;primary health care ser"ices in the community, including nutrition and family planning in carrying out the written order of physicians with regard to antenatal, intra-natal and post-natal care of the normal pregnant mother in gi"ing immunization, including oral and parenteral dispensing of o5ytocic drug after deli"ery of placenta, suturing parietal lacerations to control bleeding, to gi"e intra"enous fluid during obstetrical emergencies pro"ided they ha"e been trained for that purpose; and ;may inject Ditamin F to the newbornPro"ided, howe"er, !hat this pro"ision s%all not appl& ;to students in midwifery schools who perform midwifery ser"ice under the super"ision of their instructors ; nor to emergency cases. )). 8@TRITI78I3T "I5T5TI(3 9RA ),/B < R5G@#ATI8G T45 PRA(TI(5 7$ 8@RTRITI78 A8" "I5T5T(3 I8 T45 P4I#IPPI853: 3ection )2. Practice of 8utrition and "ietetics. 8o person shall 6offer himself in the Philippines as, or 6use the title M/utritionist-dietitianM or any word, letter, figure, or sign whatsoe"er, tending to con"ey the impression that he or she is a nutritionist-dietitians, or 6ad"ertise or indicate in any manner that he or she is >ualified to perform the worF of a nutritionist-dietitian 6without holding a valid certificate or registration as issued by the $oard in accordance with this %ecree, unless e5empt from registration as pro"ided under Section << hereof. 3ection ,. "efinitions 9c: 8utrition !he science of foods, the nutrients and other substances therein, their action, interaction, and balance in relation to health and disease and the process by which the organism ingests, digests, absorbs, transports, utilizes and e5cretes food substances. *n addition, nutrition must be concerned with certain social, economic, cultural and psychological implications of food and eating. 9d: "ietetics refers primarily to the therapeutic and food service aspects of the deli"ery of nutritional ser"ices in hospitals and other health care institutions. 9e: 8utritionist dietitian A person who is >ualified to practice nutrition and dietetics as pro"ided for under this %ecree. ),. 3A8ITAR; 58GI855R 9RA )-B* < 3A8ITAR; 58GI855RI8G #A6: 3ection ,. "efinition of terms. J !he practice of sanitary engineering within the meaning and intent of this Act shall embrace the following acti"ities8a: Sanitary surveys, reports, design, direction, management, consultation, and investigation of:
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8<: Eater purification plants, water collection and distribution systems, reser"oirs, drainage and sewer systems, sewage treatment plants, malaria control structures, sewage disposal tanFs, and other structures for public health and welfare. 83: Projects relating to stream pollution, insect and "ermin control or eradication, rural and camp sanitation, and milF and food sanitation. 8D: Systems for the pre"ention of atmospheric pollution or the control of indoorr, especially ther or worFing spaces in industrial establishments 8industrial hygiene engineering:. 8b: Professional researc% and laboratory worF supporting the acti"ities listed in subsection 8a:. 8c: !he term Msanitary engineerM as used in this Act shall mean a person dul& re istered wit% t%e Board of 5?aminers for 3anitar& 5n ineers in the manner as hereinafter pro"ided. )-. 37(IA# 67RF5R 9 RA *-A- < A8 A(T T7 R5G@#AT5 T45 PRA(TI(5 7$ 37(IA# 67RF: 35(TI78 )+. Practice of social work and appointment as 3ocial 6orkers. J ,nless e5empt from registration, no person shall practice or offer to practice social worF in the Philippines as defined in this Act, or be appointed as a social worFer or to any position calling for social worFer in any social worF agency whether pri"ate or go"ernmental, without holding a valid certificate of registration as a social worker issued by the $oard of &5aminers for Social EorFers6pro"ided, that re istration s%all not 'e reGuired of ;recognized social worFers or authorities on social worF who are residents and or citizens of other countries called in for consultations in an agency or worFing with the ,nited /ations and2or similar international social agencies;worFers who are employed in social worF agencies at the date of the appro"al of this Act, e5cept those in go"ernment social worF agencies whose salaries may not be increased or adjusted until they shall ha"e passed the ci"il ser"ice e5amination and >ualified as social worFers in accordance with the pro"isions of this Act;those who at the time of the effecti"ity of this Act, possess the >ualifications enumerated in Section twel"e and are actually engaged in the practice of social worF for a period of fi"e years in a social worF agency recognized by the #ommunity #hest, #ouncil of Eelfare Agencies, Philippine @outh Eelfare #oordinating #ouncil, or Social Eelfare Administration, if they register as social worFer within a period of one year after the appro"al of this Act. 35(TI78 ). As used in this Act8a: C3ocial 6orkC is the profession which is primarily concerned with organi/ed social service activity
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6aimed to facilitate and strengthen basic social relationships and the mutual adjustment between indi"iduals and their social en"ironment for the good of the indi"idual and of society. 8b: A Csocial workerC as used in this Act is a practitioner 6who by accepted academic training and social worF professional e5perience 6possesses the sFill to achie"e the objecti"es as defined and set by the social worF profession, 6through the use of the basic methods and techni>ues of social worF 8caseworF, group worF, and community organization: which are designed to enable individuals, groups and communities to meet their needs and to solve the problems of adjustment to a changing pattern of society and, through coordinated action, to impro"ed economic and social conditions, and is connected with an organized social worF agency which is supported partially or wholly from go"ernment or community solicited funds. )*. P@B#I( 45A#T4 67RF5R 9RA A-+2 < MAG8A (ARTA $7R P@B#I( 45A#T4 67RF5R3: Rule ). 3ection ). !hese 'ules and 'egulations shall co"er all person engaged in health and health-related worF, employed in all hospital, sanitaria, health centers, rural health units, barangay health station, clinics and other health-related establishments owned and operate by the go"ernment or its political subdi"isions, regardless of the employment status. Also co"ered are medical and allied professional and support ser"ices personnel. Rule III. "efinition of terms ). Pu'lic 4ealt% 6orkers 9P64: - Persons engaged in health and health.related works. !hese co"er employees in any of the followinga. Any go"ernment entity whose primary function according to its legal mandate is the delivery of health services and the operation of ;hospitals ;sanitaria health infirmaries ;health centers ;rural health units ;barangay health stations ;clinics or other institutional forms which similarly perform health deli"ery functions, liFe 6clinical laboratories 6treatment and rehabilitation centers 65-ray facilities and other similar acti"ities in"ol"ing the rendering of health ser"ices to the public; and b. (ffices attached to agencies whose primary function according to their legal mandates in"ol"es provision, financing or regulation of health services.
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Also co"ered are medical and allied health professionals, as well as administrati"e and support personnel, regardless of their employment status. )2. BARA8GA; 45A#T4 67F5R3 9RA A//- < BARA8GA; 45A#T4 67RF5R.3 B585$IT3 A8" I8(58TID53 A(T 7$ )002: Sec. D. %efinition. - !he term H'aran a& %ealt% workersI refers to 6a person who has undergone training programs under any accredited go"ernment and non-go"ernment organization and 6who voluntarily renders primarily health care services in the community after ha"ing been accredited to function as such by the local health board in accordance with the guidelines promulgated by the %epartment of 1ealth 8%(1:. III. 5.7. 8o. ,),J -re>uires attending physician of any ;hospital ;medical clinic ;sanitarium ;other medical establishments -or any other medical practitioner 6who has treated any person forKArt,B,J MutilationJ %epri"e person !(!A @ or PA'!*A @ of some essential organ of reproduction KArt,B-J 3erious P%&sical InLuriesJ <. injured person becomes ;insane ;imbecile ;impotent ;blind 6in conse>uence of the physical injuries inflicted 3. injured person a. loses the use of speech b. power to hear c. power to smell d. loses an eye2hand2foot2arm2leg e. loses use of any such member 8&1!A : f. becomes incapacitated for worF in which he is habitually engaged D. person injured becomes a. deformed b. loses any other member of his body c. loses use thereof d. becomes ill or incapacitated for performance of worF in which he is habitually engaged for more than NCd 4. injured person becomes ill or incapacitated for labor for more than DCd Art,B*J Administerin inLurious su'stances or 'evera es
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Art,B2J #ess 3erious P%&sical InLuries a. incapacitated for labor for <Cd or more b. shall re>uire medical attendance for <C7d Art,BBJ 3li %t p%&sical inLuries and maltreatment a. incapacitated for labor for <-Nd b. shall re>uire medical attendance for <-Nd 6S1A '&P('! of such treatment promptly ID. 7t%er #aws on 4ealt% Promotion A. RA 0,//J 8ew'orn 3creenin Act of ,++* 6any health practitioner who ;deli"ers ;assists *n the deli"ery of a newborn in the Philippines shall, 6prior to deli"ery 6inform the parents or legal guardian of the newborn of a"ailability, nature and benefits of newborn screening Operformed 34hours 9 D hours after complete deli"ery *+ P A#&% */ *#,- tested by 0y.o. L'- new born screening ?- religious beliefs B. RA /2+*J P%ilippine Aids Prevention and (ontrol Act of )00/J Feep identit& confidential C. RA A,AAJ Ma na (arta for "isa'led PersonsJ Ri %ts and Privile es of "isa'led PersonsJ 5Gual 7pportunit& to 6ork!5duc!4ealt%> ". RA /0/+J 5arl& (%ild%ood (are and "evelopment ActJ -daycare -health, nutrition, yearly education and social ser"ices program -basic holistic needs of young children from birth to Iy 5. RA A/A2J 8ational 4ealt% Insurance Act of )002 -financial access to health ser"ices -pro"ide health insurance co"erage and ensure affordable, acceptable and healthcare ser"ices for all citizens -pay for utilization of health ser"ices by co"ered beneficiaries, purchasing health ser"ices D. Medical Practice A. "efinitionJ persons en a ed in t%e practice of medicine 8a: who shall, 6 for compensation, fee, salary or reward in any form, paid to him directly or through another, or even without the same, >9P5"TR7P: ;physically e5amine any person, and ;diagnose ;treat
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;operate ;prescribe any remedy for any human disease, injury, deformity, physical, mental or physical condition or ailment, real or imaginary, regardless of the nature of the remedy or treatment administered, prescribed or recommended; 8b: who shall, by means of signs, cards, ad"ertisements, written or printed matter, or through the radio, tele"ision 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; 8c: who shall use the title M.D. after his name. P57P#5 D. M@5BRA# $J Puebral was alleged to ha"e diagnosed, treated and prescribed for certain diseases suffered by certain patients but was not registered as a physician. !his was pro"en by &5hibit +-3 showing a document signed by the #hairman of the $oard of Medical &5aminers wherein he certified that Puebral was not a registered physician. 4J Practice of medicine without license2 certificate of registration is an essential element of the offense charged P57P#5 D3. 4ATA8I $J Q%octorR injected "alium 8and others: to the "ictim, while treating her with her $M, then raped her. 'aid in Q%r.R 1atani.s house resulted in disco"ery of "arious drugs, prescription pads and other medical instruments. P'# certified that %r. 1atani is not a registered physician. %r. 1atani argued, among other things, that there was no proof of payment so he was not in the practice of medicine. 4J aw e5pressly pro"ides that e"en if no payment made, the practice of medicine without license is prohibited by law P57P#5 D3. D58T@RA $J )entura, pre"iously con"icted of illegal practice of medicine, was caught again Qpracticing medicineR by subjecting his patients to hot water, and big bulbs. 1e was not a registered masseur nor a registered physician. 1e alleges that his practice was allowed by L officials through ordinances and resolutions, and he was allowed by the #hairman of the $oard of Medical &5aminers to ser"e free in the #entral uzon Sanitarium. 1e also argued that he practices physiotherapy by massage through physical de"ices and upon the recommendation of duly registered physicians 4J !here is no such thing as an implied license to practice drugless healing. State has power to regulate the practice of medicine- !he subjects where an e5amination is re>uired relate to matters of which a thorough Fnowledge seems necessary for the proper diagnosis of diseases of the human body and it is within the police power of the State to re>uire that
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persons who de"ote themsel"es to the curing of human ills should possess such Fnowledge. P57P#5 D3. B@58DIAJ5 $J Q%ra.R $uen"iaje, a chiropractic, practiced medicine and hold herself out as a doctor 8through letterheads, signs, ad"ertisement:. She argues that chiropractic practice is not a practice of medicine; practice of medicine is different from holding herself out as a doctor. 4J aw prohibits $(!1 illegal practice of law and illegally ad"ertising oneself as a doctor 9 merely different ways or means of committing the same offense of "iolating Medical aw. #hiropractic is a form of practice of medicine which re>uired Fnowledge to proper diagnose of diseases of the human body A/% *! *S E*!1*/ the police power of the State to re>uire that persons who de"ote themsel"es to the curing of human ills should posses such Fnowledge. ;Ehere chiropractic is by statute made a form of practice of medicine, a person holding himself out as a doctor of chiropractic in legal effect represents himself to be a doctor B. A p%&sician s%ould 'e ;licensed and ;registered with P'# L'- (nly practice medicine in Philippines *+ a 1( %&' (+ A )A *% #&'!*+*#A!& (+ '&L*S!'A!*(/ duly issued by P'# ?- Ehere #ertificate not re>uired 8a: Physicians and surgeons from other countries 6called in consultation only and e5clusi"ely in specific and definite cases, 6or those attached to international bodies or organization assigned to perform certain definite worF in the Philippines 6pro"ided they shall limit their practice to the specific worF assigned to them 6and pro"ided further they shall secure a pre"ious authorization from the $oard of Medical &5aminers 8b: #ommissioned medical officers of the ,nited States armed forces stationed in the Philippines while rendering ser"ice as such only for the members of the said armed forces and within the limit of their own respective territorial 0urisdiction. 8c: 1oreign physicians employed as e change professors in special branches of medicine or surgery whose ser"ice may in the discretion of the $oard of Medical &ducation, be necessary. 8d: Medical students who ha"e completed the first four years of medical course, graduates of medicine and registered nurses who may be gi"en limited and special authorization by the Secretary of 1ealth to render medical ser"ices during epidemics or national emergencies whene"er the ser"ices of duly registered physicians are not a"ailable. Such
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authorization shall automatically cease when the epidemic or national emergency is declared terminated by the Secretary of 1ealth. O4th year medical students still can.t use M% after their name, A/% they ha"e to be under the super"ision of a registered physician DI. Ille al Practice of MedicineJ 6458 9ReGs: a. performs acts under Section <C of the Medical Act of <NHN 8acts considered as practice of medicine: b. w2o falling in any of the e5empted acts under Section << 8their acts would not constitute practice of medicine: c. 7 %(&S /(! 1A)& A P'(P&' *#&/S& 7 #&'!*+*#A!& (+ '&L*S!'A!*(/ !( P'A#!*#& M&%*#*/& in the Philippines from the Medical $oard and P'# d. /(! a +ilipino 8#onsti: e. /ot below 3< y.o. A. "ru less 4ealin B. P57P#5 D. D58T@RA 9"R. 6IT4 B@#B3 - P4;3I7T45RAP;:J /o such thing as implied license to practice drugless healing (. (RI373T7M7 D. 35( 9768I8G 3T7(F3: +- Aapanese stocFholders wanted to in"est on a hospital 1- /o law limits sale of hospital shares of stocF to doctors only. (wnership of such shares doesn.t amount to engaging illegally in practice or medicine or nursing. ". P57P#5 D. M@5BRA# 8Pangasinan faith healer alleges lacF of proof of nonregistration but prosecution was able to show such:- Practice of medicine without license2 certificate of registration is an essential element of the offense charged 5. P57P#5 D3. 4ATA8I 9RAPI3T "7(T7R < I8J5(TI78 7$ 3@B3TA8(53- A##5G5" 878PA;M58T:J aw e5pressly pro"ides that e"en if no payment made, the practice of medicine without license is prohibited by law DII. P%&sician-Patient Relations%ip A. (ontract &lements8<: consent 83: causa 8D: subject matter B. 8ature ;fiduciary ;consensual (. 8(( Art. )-+2. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to gi"e something or to render some ser"ice.
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Art. )-+B. !he contracting parties may establish such stipulations, clauses, terms and conditions as they may deem con"enient, pro"ided they are not contrary to law, morals, good customs, public order, or public policy. Art. )-)/. 8'&Ps: !here is no contract unless the following re>uisites concur8<: #onsent of the contracting parties; 83: (bject certain which is the subject matter of the contract; 8D: #ause of the obligation which is established. Art. )-)0. #onsent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. !he offer must be certain and the acceptance absolute. A >ualified acceptance constitutes a counter-offer. Acceptance made by letter or telegram does not bind the offerer e5cept from the time it came to his Fnowledge. !he contract, in such a case, is presumed to ha"e been entered into in the place where the offer was made. Art. )-,,. An offer made through an agent is accepted from the time acceptance is communicated to him. D. (%an esJ patient is treated as a commercial commodit& wit% DAT #aw 5. 6%en does it startJ "octrine of (o nition of (ivil (ontracts GAR(IA-R@5"A D3. PA3(A3I7 $J 1usband of Petitioner went for an operation to remo"e a stone blocFing his ureter. 1e died. /$*.s autopsy found the lacF of care by the attending physician in administering anaesthesia. Prosecutors QpingpongedR the case so widow filed case "s. prosecutors with (mbudsman6 4J Ehen start;when employed ;when %r. accepted the case, the %r in effect represented that, ha"ing the needed training and sFill possessed by physicians and surgeons practicing in the same field, they will employ such training, care and sFill in the treatment of their patients "5# R73ARI7 D. B58GN78 +- unconstitutionality of Lenerics Act of <NBB- une>ual treatment of go".t physician; act of prescribing the correct medicine for the patient becomes the act of the salesgirl at drugstore; generic act impairs obligation of contracts between physician and his patiend 1- /o une>ual treatment because all could include brand name; salesgirl merely informs the customer, but does not determine all other drug products to ha"e same generic name6 ;no contract results from a consultation between patient and physicianS A doctor may taFe in or refuse a patient, just as the patient
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may taFe or refuse the doctor.s ad"ices or prescription. /( P'*)A!& #(/!'A#! $&!E&&/ %(#!('S A/% PA!*&/! MA@ ()&''*%& !1& P(E&' (+ !1& S!A!& !( &/A#! AES !1A! A'& '&AS(/A$ @ /&#&SSA'@ !( S&#,'& !1& 1&A !1, SA+&!@, L((% ('%&'S, #(M+('!, (' L&/&'A E& +A'& (+ !1& #(MM,/*!@ DIII. (ases w%ere t%ere are 87 P4;3I(IA8-PATI58T R5#ATI7834IP 9PPR: a. pre-employment physical e5amination to determine whether the applicant is suitable for worF or not b. physical e5aminations for the purpose of determining eligibility for insurance c. physician appointed by court d. autopsy 8undead cannot gi"e consent: e. casual >uestions f. emergency cases 8particularly when the patient is unconscious: g. physical e5amination re>uired by school ;Similarity- not all the re>uisites of a patient-physician contract e5istmostly, not consensual, not fiduciary, not necessarily for a consideration6 IO. Ri A. $. #. %. %ts and duties of P%&sician 9as contained in>: $ill of 'ights in consti !he 1ippocratic (ath #ode of Medical &thics of the $oard of Medicine #ode of &thics of the Medical Profession, Philippine Medical Association Ri %tsJ R#66P 1. 'ight to refuse treatment ?- 'A BD44- inade>uacy of medical capability of hospital2clinic 6in cases of emergencies, can only refuse treatment if it is also a threat to the life of physician 2. 'ight to limit medical practice- specialization, don.t need to practice general medicine 3. 'ight to withhold information ?- criminal cases 7 upon lawful order of the court 4. 'ight of way while responding to an emergency call 8ambulance:
4. (bser"e good faith e.g. self-ad"ertisement, fee to procure referral
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(ARI##7 D3. P57P#5 +- 'ude doctor operated on girl suspected to be suffering from appendicitis, Lirl later died. !here were findings that there was an o"erdose of /ubain. 1- 8re- duties of a physician: ;should ser"e the interest of patients with greatest solicitude, gi"ing the always his best talent and sFill ;attend patients faithfully and conscientiously ;secure all possible benefits that may depend upon his professional sFill and care
OI. Ri %ts of Patients A. Ri %t to c%oose %is p%&sician e.g. 1ealth Management (rg- what about 1M( ordersG Ehen you chose 1M(, you choose to waive your right to choose a doctor B. Ri %t to treatment ?- when the physician would be e5posed to harm too C. Ri %t to informed consent prior to treatment ;*nformation- broadest term enough to freely and "oluntarily gi"e his consent 8not necessary to gi"e e5act details that would maFe the patient hesitate to be operated on: ". Ri %t to confidential information '<DC.34- 8c:A person authorized to practice medicine, surgery or obstetrics 6cannot in a civil case, without the consent of the patient, be e5amined as to any ;ad"ice or ;treatment gi"en by him or any information which he may ha"e ac>uired in attending such patient in a professional capacity, 6which information was necessary to enable him to act in capacity, 6and which would blacFen the reputation of the patient; ?- physical injuries 8P% <IN; &( 3<3:, causes of P% ICD #IM D3. (A +- Psychiatrist from the /ational Mental 1ealth 1ospital whom the petitioner consulted with for her alleged schizophrenia was presented by husband who filed for annulment based on mental incapacity as an e5pert witness and /(! as her physician. 1- &5pert testimony of a physician based on hypothetical >uestion as to cause of illness of a person whom he has attended is not pri"ileged,
5.
'ight to be paid for ser"ices rendered
O. "uties of P%&sicians to t%eir patients A. (ode of 5t%icsJ can 'e summari1ed into *J <. %r. possesses Fnowledge and sFill of a"erage physician 3. ,se sFill 7 6 with ordinary diligence D. &5ercise best judgment
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pro"ided the physician does not gi"e testimony tending to disclose confidential information related to him in his professional capacity while attending to the patient. !he physician may be considered to be acting in his professional capacity when he attends to the patient for curati"e, pre"enti"e, or palliati"e treatment. !hus, only disclosures which would ha"e been made to the physician to enable him Msafely and efficaciously to treat his patientM are co"ered by the pri"ilege. <I*t is to be emphasized that Mit is the tenor only of the communication that is pri"ileged. !he mere fact of maFing a communication, as well as the date of a consultation and the number of consultations, are therefore not pri"ileged from disclosure, so long as the subject communicated is not stated.M ($*!&';!his rule on the physician-patient pri"ilege is intended to facilitate and maFe safe full and confidential disclosure by the patient to the physician of all facts, circumstances and symptoms, untrammeled by apprehension of their subse>uent and enforced disclosure and publication on the witness stand, to the end that the physician may form a correct opinion, and be enabled safely and efficaciously to treat his patient. *t rests in public policy and is for the general interest of the community. Kelements for privile ed communications to appl&J 8a: the pri"ilege is claimed in a civil cases; 8b: the person against whom the pri"ilege is claimed is one dul& aut%ori1ed to practice medicine= sur er& or o'stetricsE 8c: such person ac#uired the information while he was attending to the patient in his professional capacity; 8d: the information was necessary to enable him to act in that capacity; and, 8e: the information was confidential and, if disclosed, would blacken the reputation 8formerly character: of the patient.M FR748 D3. (A $J husband, who initiated annulment proceedings for psychological incapacity against his wife, presented and testified on the confidential psychiatric evaluation report made by the psychiatrists consulted by his wife in effort to sa"e the marriage 4J the rule on pri"ileged communication between physician and patient %(&S /(! APP @ if the person testifying is not a person authorized to practice medicine, surgery, or obstetrics. /or does it apply if the testimony does not ha"e the force and effect of the testimony of the physician who e5amined the patient and e5ecuted the report. &. +. 'ight to pri"acy and access to communications &>ual protection of law
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L. 'e"iew medical records and ha"e information e5plained 1. #ontinuity of care ;Ma.am Pascual- pag umalis ung doctor without telling you and you need treatment, you can sue the doctorS PART IIIJ #IABI#ITI53 7$ P4;3I(IA83 I. Administrative #ia'ilities A. PRA(TI(5 7$ M5"I(I85 I3 A PRIDI#5G5 A8" 87T A RIG4T. !he State can taFe away the pri"ilege anytime once there are "iolations of the pro"isions of the Medical Act. !he proper "enue is the P'# because it has >uasi-judicial authority. B. Grounds for reprimand= suspension or revocation of certificate of re istration of t%e p%&sician 9section ,*= Medical Act of )020:J <. conviction by a court of competent jurisdiction of any criminal offense in"ol"ing moral turpitude M('A !('P*!,%& 8according to jurisprudence:- an act of baseness, "ileness or depra"ity in the pri"ate and social duties which a man owes to fellowmen contrary to accepted and customary rule 6.conduct contrary to justice, honesty6$AS!A MA A */ S& crimes 3. immoral or dishonorable conduct D. insanity 4. fraud in the ac>uisition of the certificate of registration 8note- meron nang certificate: H. gross negligence, ignorance or incompetence in the practice of his or her profession resulting in an injury or death of the patient 8note- so aside from crim2ci"il case, pede din admin: I. addiction to alcoholic be"erages or to any habit forming drug rendering him incompetent to practice profession, or to any form of gambling 8+ocus on A%%*#!*(/- di lang madalas uminom, dapat addictedS 'atio- physician incompetent to practice medicine if he.s in this state: 0. false or extravagant or unethical advertisements wherein other things than his name, profession, limitation of practice. #linic hours, office and home address, are mentioned 8includes claiming to be >ualified when in fact, the person is not 9 person is incompetent: B. performance of or aiding in any criminal abortion N. knowingly issuing any false medical certificate <C. issuing any statement or spreading any news or rumor which is derogatory to the character or reputation of another physician without justifiable moti"e <<. aiding or acting as a dummy of an un>ualified or unregistered person to practice medicine <3. violation of any provision of the !ode of "thics as appro"ed by PMA
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(. (%aracteristics of t%e Administrative Proceedin s ). Presumption of Innocence ,. Preponderance of 5vidence -. Ri %ts of Respondents 9in eneral= from Medical Act= (onsti and R7(: 8a: presumption of innocence 8b: !o be informed of the nature and cause of the accusation against him. 8c: !o be present and defend in person and by counsel at e"ery stage of the proceeding 8d: !o testify as a witness in his own behalf but subject to crosse5amination on matters co"ered by direct e5amination. 1is silence shall not in any manner prejudice him. 8e: right against self-incrimination 8f: !o confront and cross-e5amine the witnesses against him at the trial 8g: secure the attendance of witnesses and production of other e"idence in his behalf 8h: !o ha"e speedy, impartial and public trial. 8i: appeal *. Appeal from Jud ment 3ec. ,B= Medical Act of )020. Appeal from Lud ment. -deci of $M& final DCd after date of promulgation ,/ &SS appeal w2n DCd period to #ommissioner of #i"il Ser"ice T (ffice of the President of Philippines 6if final deci not satisfactoryTre"iew Tpetition for certiorari 8before regular courts: 2. Reinstatement 3ec. ,A= Medical Act of )020. Reinstatement of certificate of re istration -after 3yrs -if respondent acted in an exemplary manner in the community wherein he resides 7 has not committed any illegal, immoral or dishonorable act B. Penalties 3ec. ,/. Penalties. -fine- min P<F, ma5 P<CF, subsidiary imprisonment in case of insol"ency -imprisonment- min < yr, ma5 H yrs A. InLunctions 3ec. ,0. InLunctions. -action to enjoin any person illegally practicing medicine from the performance of any act constituting practice of medicine until the necessary certificate is secured -if continues to practice illegally, may be punis%ed for contempt -e"en if enjoined, may still be prosecuted criminally2administrati"ely III. (ivil #ia'ilities of P%&sicians
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A. (ivil lia'ilities of p%&sicians under t%e followin cate oriesJ ). Breac% of (ontractE different from medical ne li ence ,. Diolation of Art. )0= ,+= ,) of 8(( 94uman Relations: Art. )0. &"ery person must, in the exercise of his rights and in the performance of his duties, act with justice, gi"e e"eryone his due, and obser"e honesty and good faith. Art. ,+. &"ery person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same. Art. ,). Any person who wilfully 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. -. Tort 9M" or 'reac% of le al dut&: < le al wron doin independent of t%e contract 9Art. ,)AB 8((: Art. ,)AB. Ehoe"er by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-e5isting contractual relation between the parties, is called a >uasi-delict and is go"erned by the pro"isions of this #hapter. ;/ote howe"er that, as we."e learned in !orts and %amages, acts under 3<0I still includes acts wherein an e5isting contractual relation may e5ist III. (riminal #ia'ilities of P%&sicians A. (riminal v. (ivil #ia'ilities 6%ose ri %ts 'reac%ed #ia'ilit& InLur& reGuirment 5vidence reGuired (riminal Publicaffect whole community#'*M& or Misdemeanor Penalfine or imprisonment, or both /one- e"en if nobody is hurt, mere e5istence of negligence enough Luilt beyond reasonable doubt (ivil *ndi"idual- ci"il injuries damages */A,'@ is an element Preponderance of e"idence
B. Provisions of t%e RP( w%ic% mention p%&sician as t%e wron doer ). Issuance of false medical certificates 9Art. )A*: a. Any physician or surgeon who, in connection with the practice of his profession, shall issue a false certificate; and b. Any public officer who shall issue a false certificate of merit of ser"ice, good conduct or similar circumstances. !he penalty of arresto mayor shall be imposed upon any pri"ate person who shall falsify a certificate falling within the classes mentioned in the two preceding subdi"isions.
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,. A'ortion 9Art. ,20: -physician or midwife 6taFing ad"antage of their scientific Fnowledge or sFill 6shall cause an abortion or assist in causing the same. Any pharmacist who, 6without the proper prescription from a physician, 6shall dispense any abortive shall suffer arresto mayor and a fine not e5ceeding <,CCC pesos. -. 3imulation of 'irt%s= su'stitution and concealment or a'andonment of a le itimate c%ild 9Art. -*A: -!he simulation of births - substitution of one child for another -conceal or abandon any legitimate child with intent to cause such child to lose its civil status Any physician or surgeon or public officer 6who, in "iolation of the duties of his profession or office, 6shall cooperate in the execution of any of the crimes mentioned in the two ne5t preceding paragraphs, 6shall suffer the penalties therein prescribed and also the penalty of temporary special dis#ualification. *. $ailure to report treatment of p%&sical inLuries 9P" )B0E 57 ,),: P" )B0. ). !he attending physician of any 81MS(: 61ospital 6medical clinic 6sanitarium 6or other medical establishments, or any medical practitioner, 6who has treated any person for serious or less serious physical in0uries as those injuries are defined in Articles ,B,= ,B-= ,B* and ,B2 of t%e RP( Pshall report the fact of such treatment Tpersonally Tor by fastest means of communication 6to the nearest Philippine #onstabulary unit without delay 8P/P:8Pro"ided, !hat no fee shall be charged for the transmission of such report through go"ernment communication facilities; 3. #ontents of report to P/P- 8indicate when practicable: a. name of patient, age of patient
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g. the physical diagnosis and2or disposition of the patient; P&/A !@ +(' )*( A!*(/ ;if done with malicious intent2gross negligence T <-Dyrs imprisonment TP<-DF fine Tgo"ernment license or permit to practice #A/#& &% after sentence final and e5ecutory 57 ,), 3ec. ). 8same with Section < of P% <IN 7 records of the reports Fept by said health authorities shall, upon written re>uest, be made a"ailable to law enforcement agencies 8so no confidentiality hereG: 3ec. ,. 9similar wit% 3ec, of P" )B0 Q:J b: the name and address of the nearest of Fin of the patient; c: the name and address of the person who brought the patient for medical treatment; P&/A !@- also same, but jurisdiction transferred to $M& 2. Refusal to render treatment in emer enc& cases 9RA BB)2= 3ec. -: 3ec. -. Any ;hospital director ;administrator ;officer-in-charge ;physician in the hospital, medical center or clinic 6who shall refuse or fail 6without good cause 6to render the appropriate assistance pursuant to the re>uirements of section one after said case had been brought to his attention, ;or any nurse ;midwife ;medical attendant 6who shall refuse to extend the appropriate assistance, subject to e5isting rules, 6or neglect to notify or call a physician P&/A !@Timprisonment- <m,<d to <y,<d Tfine- PDCC-<U Tif Lo".t hospital- may also be subject to administrati"e action Tif Pri"ate hospital- license of hospital to operate suspended2re"oFed B. Diolation of RA 0-** 93ec. )= *: < Juvenile Justice and 6elfare Act of ,++B 9t%ou % no mention of p%&sician as wron doer>: S&#!*(/ <. Short !itle and Scope. - !his act shalll be Fnown as the MAu"enile Austice and welfare Act of 3CCI.M *t shall co"er the different
b.
c. d.
e.
f.
address of patient nearest of Fin of the patient the nature and probable cause of the injury; the appro5imate time and date when, and the place where, the injury was sustained; the time, date, and nature of treatment;
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stages in"ol"ing children at risF and children in conflict with law from pre"ention to rehabilitation and reintegration. S&#!*(/ 4. %efinition of !erms. - !he following terms as used in this Act shall be defined as follows8a: CBailC refers to the security gi"en for the release of the person in custody of the law, furnished by him2her or a bondsman, to guarantee his2her appearance before any court. $ail may be gi"en in the form of corporate security, property bond, cash deposit, or recognizance. 8b: CBest Interest of t%e (%ildC refers to the totality of the circumstances and conditions which are most congenial to the sur"i"al, protection and feelings of security of the child and most encouraging to the childKs physical, psychological and emotional de"elopment. *t also means the least detrimental a"ailable alternati"e for safeguarding the growth and de"elopment of the child. 8c: C(%ildC refers to a person under the age of eighteen 8<B: years. 8d: C(%ild at RiskC refers to a child who is "ulnerable to and at the risF of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following8<: being abuse by any person through se5ual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwillling, or unable to pro"ide protection for the child; 83: being e5ploited including se5ually or economically; 8D: being abandoned or neglected, and after diligent search and in>uiry, the parent or guardian cannot be found; 84: coming from the dysfunctional or broFen family or without a parent or guardian; 8H: being out of school; 8I: being a street child; 80: being a member of a gang; 8B: li"ing in a community with a high le"el of criminality ot drug abuse; and 8N: li"ing in situations of armed conflict. 8e: C(%ild in (onflict wit% t%e #awC refers to a child who is alleged as, accused of, or adjudged as, ha"ing committed an offense under Philippine laws. 8f: C(ommunit&-'ased Pro ramsC refers to the programs pro"ided in a community setting de"eloped for purposes of inter"ention and di"ersion, as well as rehabilitation of the child in conflict with the law, for reintegration into his2her family and2or community. 8g: C(ourtC refers to a family court or, in places where there are no family courts, any regional trial court. 8h: C"eprivation of #i'ert&C refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or pri"ate custodial setting, from which the child in conflict with the law is not permitted to lea"e at will by order of any judicial or administrati"e authority.
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8i: C"iversionC refers to an alternati"e, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law onthe basis of his2her social, cultural, economic, psychological or educational bacFground without resorting to formal court proceedings. 8j: C"iversion Pro ramC refers to the program that the child in conflict with the law is re>uired to undergo after he2she is found responsible for an offense without resorting to formal court proceeding. 8F: CInitial (ontact 6it% t%e (%ild C refers to the apprehension or taFing into custody of a child in conflict with the law by law enforcement officers or pri"ate citizens. *t includes the time when the child alleged to be in conflict with the law recei"es a subpoena under Section D8b: of 'ule <<3 of the 'e"ised 'ules of #riminal Procedure or summons under Section I8a: or Section N8b: of the same 'ule in cases that do not re>uire preliminary in"estigation or where there is no necessity to placed the child alleged to be in conflict with the law under immediate custody. 8l: CInterventionC refers to a series of acti"ities which are designed to address issues that caused the child to committ an offense. *t may taFe the form of an indi"idualized treatment program, which may include counseling, sFills training, education, and other acti"ities tha twill enhance his2her psychological, emotional and psycho-social well-being. 8m: CJuvenile Justice and 6elfare 3&stemC refers to a system dealing with children at risF or children in conflict with the law, which pro"ide child-appropriate proceedings, including programs and ser"ices for pre"ention, di"ersion, rehabilitation, re-integration and aftercare to ensure their normal growth and de"elopment. 8n: C#aw 5nforcement 7fficerC refers to the person in authority or his2her agent as defined in Aritcle <H3 of the 'e"ised Penal #ode, including a barangay tanod. 8o: C7ffenseC refers to any act or omission whether punishable under special laws or the 'e"ised Penal code, as amended. 8p: Creco ni1anceC refers to an undertaFing in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when re>uired. 8>: CRestorative JusticeC refers to a principle which re>uires a process of resol"ing conflicts with the ma5imum in"ol"ement of the "ictim, the offender and the community. *t seeFs to obtain reparation of the "ictim; and reassurance to the offender that he2she can be reintegrated into society. *t also enhances public safety by acti"ating the offender, the "ictim and the community in pre"ention strategies. 8r: C3tatus 7ffensesC refers to the offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. !hese shall include curfew "iolations, truancy, parental disobedience and the liFe. 8s: C;out% "etention 4omeC refers to a 34-hour child caring institution managed by accredited local go"erment units 8 L,s: and licensed and2or accredited nongo"erment organizations 8/L(s: pro"iding short term
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residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. 8t: C;out% Re%a'ilitation centerC refers to a 34-hour residential care facility managed by the department of Social Eelfare and %e"elopment 8%SE%s:, L,s, licensed and2or accredited /L(s monitored by the %SE%, which pro"ides care, treatment and rehabilitation ser"ices for children in conflict with the law. 'ehabilitation ser"ices are pro"ided under the guidance of a trained staff where residents are cared for under a structured therapeutic en"ironment with the end "iew of reintegrating them into their families and communities as socially functioning indi"iduals. Physical mobilities of residents of said centers may be restricted pending court disposition of the charges against them. 8u: CDictimless (rimesC refers to offenses where there is no pri"ate offended party. A. $ailure to report maltreated or a'used c%ild 9P" B+-= Art )BB: Art. )BB. Report of Maltreated or A'used (%ild. 9 All ;hospitals ;clinics ;and other institutions ;as well as pri"ate physicians pro"iding treatment 6.shall, within #$hrs from knowledge of the case, 6report 6in writing 6to the Kcit& or provincial fiscal or ;to the ocal #ouncil for the Protection of #hildren or ;to the nearest unit of the %epartment of Social Eelfare, 6any case of a maltreated or abused child, or e ploitation of an employed child contrary to the pro"isions of labor laws. *t shall be the duty of the &ouncil for the Protection of &hildren or the unit of the Department of 2ocial Eelfare to whom such a report is made to forward t%e same to t%e provincial or cit& fiscal. Penalty- ma5 P3F fine ;if se5ual abuse- the records pertaining to the case shall be kept strictly confidential and no information relating thereto shall be disclosed e?cept in connection with any court or official proceeding based on such report. Penalty if %*S# (S&T fine- P<CC-HF T imprisonment- DCd-<yr /. Diolation of Generics Act of )0// 93ec. B and ),: 35(TI78 B. Eho Shall ,se Leneric !erminology 9
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8a: 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. 8b: All medical, dental and veterinary practitioners, including pri"ate practitioners, shall write prescriptions using the generic name. !he brand name may be included if so desired. 8c: Any organi/ation or company in"ol"ed in the manufacture, importation, repacFing, marFeting and2or distribution of drugs and medicines shall indicate prominently the generic name of the product. *n the case of brand name products, the generic name shall appear prominently and immediately abo"e the brand name in all product labels as well as in ad"ertising and other promotional materials. 8d: Drug outlets, including drugstores, hospital and non-hospital pharmacies and non.traditional outlets such as supermarFets and stores, shall inform any buyer about any and all other drug products ha"ing the same generic name, together with their corresponding prices so that the buyer may ade>uately e5ercise, his option. Eithin one 8<: year after appro"al of this Act, the drug outlets referred to herein, shall post in conspicuous places in their establishments, a list of drug products with the same generic name and their corresponding prices. S&#!*(/ <3. Penalty 9 A: Any person who shall "iolate Section I8a: or I8b: of this Act shall suffer the penalty graduated hereunder, "iz8a: for the first con"iction, he shall suffer the penalty of reprimand which shall be officially recorded in the appropriate booFs of the Professional 'egulation #ommission. 8b: for the second con"iction, the penalty of fine in the amount of not less than two thousand pesos 8P3,CCC.CC: but not e5ceeding fi"e thousand pesos 8H,CCC.CC: at the discretion of the court. 8c: for the third con"iction, the penalty of fine in the amount of not less than fi"e thousand pesos 8PH,CCC.CC: but not e5ceeding then thousand pesos 8P<C,CCC.CC: and suspension of his license to practice his profession for thirty 8DC: days at the discretion of the court. 8d: for the fourth and subse>uent con"ictions, the penalty of fine of not less than ten thousand pesos 8P<C,CCC.CC: and suspension of his license to practice his profession for one year or longer at the discretion of the court. $: Any juridical person who "iolates Section I8c:, I8d:, 0 or B shall suffer the penalty of a fine of not less than fi"e thousand pesos 8PH,CCC.CC: nor more than ten thousand pesos 8P<C,CCC.CC: and suspension or re"ocation of license to operate such drug establishment or drug outlet at the discretion of the #ourt- Pro"ided,!hat its officers directly responsible for the "iolation shall suffer the penalty of fine and suspension or re"ocation of license to practice profession, if applicable, and by imprisonment of not less than si5 8I: months nor more than one 8<: year or both fine and imprisonment at the discretion of the #ourt- and Pro"ided, further, !hat if
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the guilty party is an alien, he shall be ipso facto deported after ser"ice of sentence without need of further proceedings. #: !he Secretary of 1ealth shall ha"e the authority to impose administrati"e sanctions such as suspension or cancellation of license to operate or recommend suspension of license to practice profession to the Professional 'egulation #ommission as the case may be for the "iolation of this Act. 0. Diolation of P%ilippine AI"3 Prevention and (ontrol Act of )00/ 93ec. -+: 35(TI78 -+. Medical (onfidentialit&. - All ;health professionals ;medical instructors ;worFers ;employers ;recruitment agencies ;insurance companies ;data encoders ;and other custodians of any medical record2file2data2test results 6are directed to strictly observe confidentiality in the handling of all medical information, particularly the ;identity and ;status of persons with 1*). (. #ia'ilities incurred incidental to t%e practice of t%e profession ). (riminal ne li ence and imprudence 9Art. -B2: Art. DIH. %mprudence and negligence& J Any person who, 6by reckless imprudence, 6shall commit any act which, had it been intentional, would constitute a grave felony8capital punishment or afflicti"e penalties attaches: shall suffer the penalty of arresto mayor in its ma5imum period to prision correccional in its medium period; if it would ha"e constituted a less grave felony 8 in ma5 period are correctional:, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would ha"e constituted a light felony, the penalty of arresto menor in its ma5imum period shall be imposed. Any person who, 6by simple imprudence or negligence, 6shall commit an act which would otherwise constitute a gra"e felony, shall suffer the penalty of arresto mayor in its medium and ma5imum periods; if it would ha"e constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed. Ehen the e5ecution of the act co"ered by this article shall ha"e only resulted in damage to the property of another , the offender shall be punished by a fine ranging from an amount e>ual to the "alue of said
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damages to three times such "alue, but which shall in no case be less than twenty-fi"e pesos. A fine not e5ceeding two hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would ha"e constituted a light felony. *n the imposition of these penalties, the court shall e5ercise their sound discretion, without regard to the rules prescribed in Article si5ty-four. !he pro"isions contained in this article shall not be applicable<. Ehen the penalty pro"ided for the offense is e>ual to or lower than those pro"ided in the first two paragraphs of this article, in which case the court shall impose the penalty ne5t lower in degree than that which should be imposed in the period which they may deem proper to apply. 3. Ehen, by imprudence or negligence and with "iolation of the Automobile aw, to death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and ma5imum periods. *eckless imprudence consists in 6"oluntary, 6but without malice, 6doing or falling to do an act from which material damage results 6by reason of ine5cusable lacF of precaution on the part of the person performing of failing to perform such act, 6taFing into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. 2imple imprudence consists in the 6lack of precaution displayed 6in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest& !he penalty ne5t higher in degree to those pro"ided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in this hand to gi"e. 8As amended by '.A. <0NC, appro"ed Aune 3<, <NH0:. ,. Diolation of t%e (ompre%ensive "an erous "ru s Act of ,++, 93ec. )/= )0 RA 0)B2: 3ection )/. @nnecessar& Prescription of "an erous "ru s. 9 !he penalty of imprisonment ranging from twel"e 8<3: years and one 8<: day to twenty 83C: years and a fine ranging from (ne hundred thousand pesos 8P<CC,CCC.CC: to +i"e hundred thousand pesos 8PHCC,CCC.CC: and the additional penalty of the re"ocation of his2her license to practice shall be imposed upon the practitioner, 6who shall prescribe any dangerous drug
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6to any person whose physical or physiological condition does not re#uire the use or in the dosage prescribed therein, 6as determined by the $oard in consultation with recognized competent e5perts who are authorized representati"es of professional organizations of practitioners, 6particularly those who are in"ol"ed in the care of persons with se"ere pain. 3ection )0. @nlawful Prescription of "an erous "ru s. 9 !he penalty of life imprisonment to death and a fine ranging from +i"e hundred thousand pesos 8PHCC,CCC.CC: to !en million pesos 8P<C,CCC,CCC.CC: shall be imposed upon an& person, 6who, unless authorized by law, 6shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. -. #ia'ilit& in t%e issuance of 'irt% and deat% certificates 9P" B2)= as amended '& P" ABB= 3ec. )= ,= *= 2= 0: 3ec. ). Re istration of 'irt%s. -All 'a'ies born in hospitals, maternity clinics, pri"ate homes, or elsewhere within the period starting from Aanuary <, <N04 up to the date when this decree becomes effecti"e, 6irrespecti"e of the nationality, race, culture, religion or belief of their parents, 6whether the mother is a permanent resident or transient in the Philippines, 6and whose births ha"e not yet been registered 6must be reported for registration in the office of the local civil registrar of the place of birth by the;physician ;nurse ;midwife ;hilot ;hospital or clinic administrator 6who attended the birth ;or in default thereof6by either parent or 6a responsible member of the family 6or a relati"e 6or any person who has Fnowledge of the birth of the indi"idual child !he report referred to abo"e shall be accompanied wit% an affidavit describing the circumstances surrounding the delayed registration 3ec. ,. Period of Re istration of 'irt%s. from birth without fine or fee of any Find within thirty $34) days
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*A$* *!@- joint ung parents and medical attendant 8if no medical attendant, parent lang liable: 3ec. *. Re istration of deat%s. 6All persons, irrespecti"e of nationality, race, culture, religion and belief, 6whether a permanent resident or a transient in the Philippines 6who died in hospitals, clinic, pri"ate homes, or elsewhere, within the period from Aanuary <, <N04 to the date of effecti"ity of this decree, 6whose deaths ha"e not yet been registered, 6must be reported for registration through the local health officer to the local ci"il registrar of the place of death, 6by ;the physician who attended the deceased ;in default thereof- by the nearest responsible relati"e or by any person who has Fnowledge of such death !he report referred to abo"e shall be accompanied by an affidavit describing the circumstances surrounding the delayed registration 3ec. 2. Period of reportin and re istration of deat%s. -within 4B hours after death to the ocal 1ealth (fficer of the place of death - ocal 1ealth (fficer then issue the corresponding certificate of deat% and order its registration in the (ffice of the ocal #i"il 'egistrar within thirty $34) days after death, without fee or fine of any Find. *n case the deceased was attended to by a physician , the latter must issue t%e necessar& certificate of deat% wit%in */ %ours after death and submit the same to the ocal 1ealth (fficer of the place of death, who shall order its registration in the (ffice of the ocal #i"il 'egistrar within the said period of thirty 8DC: days after death, without fee or fine of any Find. !he attending physician and responsible member of the family or person who has Fnowledge of the death are jointly liable to report the death to the ocal 1ealth (fficer, for registration by the ocal #i"il 'egistrar of the place of the death. *f the deceased was not attended by a physician or did not die in the hospital, the responsible member of the family alone shall be responsible for failure to submit the report of death to the ocal 1ealth (fficer. Sec. N. Penalty. Any person re>uired under this decree to report for registration any fact concerning the ci"il status of persons and who fails to do so, or who deliberately maFes false statements in the birth or death form and presents the same for registration, or who "iolates 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 pro"ided for in this decree, or "iolates any rule or regulation which may be issued pursuant to this decree, shall upon con"iction, be punished by a fine of not less than
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PHCC.CC nor more than P<,CCC.CC or imprisonment of not less than three 8D: months nor more than si5 8I: months, or both, in the discretion of the court. *. 3e?ual %arassment Sec. D. EorF &ducation or !raining-related Se5ual 1arassment %efined. EorF, education of training-related se5ual harassment is committed by an employer, employee, manager, super"isor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, ha"ing authority, influence or moral ascendancy o"er another in a worF or training or education en"ironment, demands, re>uests or otherwise re>uires any se5ual fa"or from the other, regardless of whether the demand, re>uest or re>uirement for submission is accepted by the object of said Act. 8a: *n a worF-related or employment en"ironment, se5ual harassment is committed when8<: !he se5ual fa"or is made as a condition in the hiring or in the employment, re-employment or continued employment of said indi"idual, or in granting said indi"idual fa"orable compensation, terms, conditions, promotions, or pri"ileges; or the refusal to grant the se5ual fa"or results in limiting, segregating or classifying the employee which in any way would discriminate, depri"e or diminish employment opportunities or otherwise ad"ersely affect said employee; 83: !he abo"e acts would impair the employeeKs rights or pri"ileges under e5isting labor laws; or 8D: !he abo"e acts would result in an intimidating, hostile, or offensi"e en"ironment for the employee. 8b: *n an education or training en"ironment, se5ual harassment is committed8<: Against one who is under the care, custody or super"ision of the offender; 83: Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; 8D: Ehen the se5ual fa"or is made a condition to the gi"ing of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, pri"ileges or considerations; or '#( )hen the sexual advances result in an intimidating, hostile or offensive environment for the student, training or apprentice& Any person who directs or induces another to commit any act of se5ual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not ha"e been committed, shall also be held liable under this Act. 2. 3ale of p%armaceutical samples 9RA 20,)= 3ec. ,B= *+: 3ec. ,B. Markin s and in%i'ition to t%e sale of dru samples. -can.t sell drugs which are gi"en by manufacturer as samples 8which are intended to be gi"en free:
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-pacFaging should be marFed- QSample, not for saleR 3ec. *+. Penal provisions. Any person who shall "iolate any of the pro"isions of Sections twel"e, twenty-four, twenty-fi"e, twenty-si5, twentyse"en and twenty-nine of this Act or any person who shall maFe false representation to procure a registration certificate as pharmacist for himself or for another; or any person who shall allow anyone in his employ who is not a registered pharmacist to engage in the practice of pharmacy; or any person who shall falsely display within the establishment the certificate of registration of a pharmacist who is not actually and regularly employed therein as such or to act as a dummy for any alien or an un>ualified person for the purpose of opening and operating a retail drugstore; shall, upon con"iction thereof, be sentenced to a fine of not less than one thousand pesos but not e5ceeding four thousand pesos or to an imprisonment of not less than si5 months and one day but not more than four years, in the discretion of the court. B. Givin assistance to suicide 9Art. ,2-: Art. ,2-. 5iving assistance to suicide. J Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; -if such person lends his assistance to another to the e tent of doing the killing himself, he shall suffer the penalty of reclusion temporal. 61owe"er, if the suicide is not consummated, the penalty of arresto mayor in its medium and ma5imum periods, shall be imposed. M5"I(A# 85G#IG58(5 I. "efinition of Medical 8e li ence GAR(IA-R@5"A v. PA3(A3I7 9removal of stone 'lockin all'ladder 'ut died: -t&pe of claim 6which a "ictim has a"ailable to him or her 6to redress a wrong 6committed by a medical professional 6which has caused bodily harm - Pro"e that health care pro"ider 8physician:; failed to do something which a reasonably prudent health care pro"ider would ha"e done ; did something that a reasonably prudent pro"ider would not ha"e done 7 and that that failure or action caused injury to the patient. II. 5lements of medical ne li ence <. !he physician has a duty to his patient;8%uty: 3. !he physician failed to perform such duty to his patient; 8$reach:
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D. As a conse>uence of the failure of the physiciann to perform his duty, injury was sustained by the patient; and 8*njury: 4. !he failure of the physician to perform his duty is the pro5imate cause of the injury sustained by the patient.8#ausation: III. P%&sicians ma& 'ecome professionall& lia'le for malpractice in t%e followin wa&sJ <. !hrough the physician*s own negligence 8failing to conform to generally accepted medical practice: 3. !hrough the negligence of the physician*s employees- 'espondeat superior e.g. Secretary of Physician, if physician talFs to her on the phone to asF regarding medical records of patient6 D. !hrough the physician.s failure to obtain the informed consent of the patient prior to treatment ?- emergencies 4. !hrough breach of physician-patient contractual relationship e.g. abandoning patient disclosing confidential information guaranteeing a cure or some other specific result H. !hrough the negligence of the physician*s partners '+( ID. 3tandard of (areJ !he standard of care for physicians and health care pro"iders re>uires that 6they e5ercise that de ree of skill= knowled e= and care 6ordinarily possessed and e5ercised by other members of the profession 6acting under similar conditions and circumstances. Ma.am/ational standard of care- followed, e5cept in remote areas, in 'P ocal standard of care- followed in remote areas 8G: GAR(IA-R@5"A D. PA3(A3I7 9"5A"#; GA##B#A""5R 3T785 R5M7DA#:J use same level of care 6that any other reasonably competent doctor would use to treat a condition 6under the same circumstances B. 3ome doctrines on standard of careJ ;As long as standard of care conformed with, practitioner would not be found negligent. &"en if<. treatment pro"ed unsuccessful 3. poor treatment or surgery result D. error in judgment by the healthcare pro"ider 4. not highest sFill Fnown to medical science applied H. there are alternati"e recognized methods of treatment a"ailable, and the practitioner selected the wrong 9 but recognized 9 treatment
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;no presumption of "iolation of standard of care, of negligence 8unless res ipsa:- plaintiff must pro"e standard of care "iolation by showing e5pert witness ;medical specialists re>uires the e5ercise of professional conduct normally e hibited by specialists in the same or similar locality under similar circumstances. (. 5?pert testimon& to esta'lis% standard of care <. to establish that the defendant physician has deviated from the applicable standard of care that injury has thereby resulted; 3. opinion of e?pert witness 8'<DC.4N:J !he opinion of a witness 6on a matter re,uiring special knowledge, skill, experience or training 8SUS&!: 6which he shown to posses, may be recei"ed in e"idence. D. &5ception- res ipsa loGuitur RAM73 v. (A 9)000: $J A5n for damages based on the erroneous intubation of anesthesia during operation for remo"al of Fidney stones. Plaintiff comatosed. 4J for Ramos -(/ &?P&'! !&S!*M(/@- when the doctrine of res ipsa lo>uitur is a"ailed by the plaintiff, the need for expert medical testimony is dispensed with because the in0ury itself provides the proof of negligence. !he reason is that the general rule on the necessity of expert testimony applies only to such matters clearly within the domain of medical science, and not to matters that are within the common knowledge of mankind which may be testified to by anyone familiar with the facts. - )here common knowledge and experience teach that a resulting injury would not have occurred to the patient if due care had been exercised, an inference of negligence may be drawn giving rise to an application of the doctrine of res ipsa lo,uitur without medical evidence, which is ordinarily re,uired to show not only what occurred but how and why it occurred& Ehen the doctrine is appropriate, all that the patient must do is prove a ne?us 'etween t%e particular act or omission complained of and t%e inLur& sustained while under the custody and management of the defendant without need to produce e5pert medical testimony to establish the standard of care. 'esort to res ipsa lo>uitur is allowed because there is no other way, under usual and ordinary conditions, by which the patient can obtain redress for injury suffered by him. - 'es ipsa lo>uitur is not a rigid or ordinary doctrine to be perfunctorily used but a rule to be cautiously applied, depending upon the circumstances of each case. %t is generally restricted to situations in malpractice cases where a layman is able to say, as a matter of common knowledge and observation, that the conse,uences of professional care were not as such as would ordinarily have followed if due care had been exercised&
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-6%en not appliedJ in"ol"es the merits of a diagnosis or of a scientific treatment. (R@N v. (A 9)00A: +- Patient undergone hysterectomy operation for the remo"al of the myoma VMa.am- myo- muscle, so myonma = mass within a muscleW in her uterus but due to the lacF of facilities in the hospital, patient was transferred to another hospital but still died. #(%- shocF, antecedent cause- %isseminated *ntra"ascular #oagulation 8%*#: VMa.am- din a nagcclot ung dugoW. #riminal #ase filed. &5pert witnesses presented were not able to connect death of patient with recFlessness of the physicians. 1- Physicians ac>uitted 78 5OP5RT T53TIM78;J !here is an absence of any e5pert testimony on the matter of the standard of care employed by other physicians of good standing in the conduct of similar operations- only testified as to possible #(% but not standard of care ;!he deference of courts to the e5pert opinion of >ualified physicians stems from its realization that the latter possess unusual technical skills which laymen in most instances are incapable of intelligently evaluating. &5pert testimony should ha"e been offered to pro"e that the circumstances cited by the courts below are constituti"e of conduct falling below the standard of care employed by other physicians in good standing when performing the same operation. - Ehen the >ualifications of a physician are admitted, there is an ine"itable presumption that in proper cases he taFes the necessary precaution and employs the best of his Fnowledge and sFill in attending to his clients, unless the contrary is sufficiently established. !his presumption is rebuttable by e5pert opinion which is so sadly lacFing in the case at bench. VMa.am- Qhemorrhage due to %*# cannot be pre"ented, it will happen to anyone, anytimeR 9 falseS Se"ere blood lost should first occur before %*# would happen6so the e5pert witnesses presented should ha"e pro"en why there was se"ere blood lost firstSW ;&5pert opinion should be used to show standard of care and causation R5;53 v. 3I3T5R3 7$ M5R(; 473PITA# 9,+++: +- Patient, already suffering recurring fe"er with chills, went to hospital and was suspected to ha"e !yphoid fe"er. 1e was gi"en chloromycetin after se"eral tests conducted showed him to be positi"e for the illness and that he was compatible with said drug. Patient later died so #i"il case filed by widow. Eidow presented as e5pert witness the doctor who performed the autopsy. 'espondents presented 3 e5pert witnesses on infectious diseases who ha"e handled se"eral !yphoid fe"er cases before. 1- +or doctors 5?pert testimon& reGuired for t%e determination of t%e ;reasonable le"el of care ;breach of such le"el of care
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;conclusion as to causation -should present witnesses who are &?P&'!S on the subject matter 'es *psa o>uitur %(&S /(! APP @ as there was nothing unusual or e5traordinary about the death of the patient- patient was already suffering from recurrent fe"er 7 there was a !yphoid fe"er pre"alence at that area 7 patient indeed diagnosed to ha"e typhoid = he might die of typhoid D. #aws overnin medical ne li ence A. (ivil Action 9Art. )0= ,+= ,)= ,)AB of 8((: 1uman relations articles Art. ,)AB. Ehoe"er by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-e5isting contractual relation between the parties, is called a >uasi-delict and is go"erned by the pro"isions of this #hapter. B. (riminal Action 9Art. -B2= RP(: (ARI##7 v. P57P#5 ''ude doctor operated on girl suspected to be suffering from appendicitis, Lirl later died. !here were findings that there was an o"erdose of /ubain. %octors did not taFe body mass of the patient before administering the said drug, which was not yet tested on patients below <B years old. /o pre-operation6: ($*!&'- Simple negligence defined in ADIH, 'P#; gra"amen of the offense is ..failure to e5ercise the diligence necessitated or called for the situation which was not immediately life-destructi"e 8here, patient died Dd after operation: (R@N v. (A 94&sterectom& in %ospital wit% lackin facilities= caused deat% '& "I(: elements of reckless imprudence 8<: that the offender does or fails to do an act83: that the doing or the failure to do that act is voluntary8D: that it be without malice; 84: that material damage results from the recFless imprudence; and 8H: that there is inexcusable lack of precaution on the part of the offender, taFing into consideration his employment or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time and place.)*. (ther applicable doctrines DI. 7t%er Applica'le "octrines A. (ontri'utor& ne li ence -conduct on the part of the plaintiff which falls below the standard of conduct to which he should conform for his own protection and cooperates with negligence of defendant in bringing about plaintiff.s harm
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-negligence of claiming party /(! *MM&%*A!& A/% P'(?*MA!& #A,S& (+ !1& */A,'@, it being the defendant.s lacF of due care #A3AM v. RAM7#5T5 $J Patient went to physician.s clinic, complaining of the meaty mass discharged with her urine and bowel. Patient was Dm pregnant. Q'aspaR was conducted by the physician. Se"eral months after, patient complained of pain in her abdominal area and it was found that her fetus was dead. +iled admin case "s. physician 4J patient.s negligence, in not consulting the physician after her operation e"en if she was told to do so, was the immediate and pro5imate cause of the injury she sustained, thus, reco"ery barred. B. Assumption of risk! DI7#58TI 878 $IT I8J@RIA- plaintiff deemed to ha"e consented to the risF D re>uisites8<: plaintiff had actual Fnowledge of the damage; 83: he understood an appreciated the risF from danger; 8D: he "oluntarily e5posed himself to such risF. (. #ast clear c%ance -negligence of the plaintiff does not preclude a reco"ery for the negligence of the defendant where it appears that the defendant, by e5ercising reasonable care and prudence, might ha"e a"oided injurious conse>uences to the plaintiff notwithstanding the plaintiff.s negligence - ast clear chance cannot apply when there are- <: contractual relations, 3: joint tortfeasors, D: concurrent negligence ". Independent (ontractorJ 5R-55 relations%ip PR7$533I78A# 35RDI(53 D3. AGA8A +- Patient was operated upon to remo"e cancerous region of her colon 7 o"ary as it was also infected. 3 pieces of gauze were left in the "agina of the patient which caused infection in the said area. 1ospital argued that the physician was not an employee but a mere consultant2independent contractor of the hospital 1- Apparent aut%orit&2%oldin out t%eor&2doctrine of ostensi'le a enc&2a enc& '& estoppel imposes liability, 6not as a result of the reality of a contractual relationship, 6but rather because of the actions of a principal or an employer in somehow misleading the public into believing that the relationship or authority exists. -Q!he principal is bound by the acts of his agent with apparent authority which he Fnowingly permits the agent to assume, or which he holds the agent out to the public as possessing. !he >uestion in e"ery case is 6the principal has 6by his "oluntary act 6placed the agent in such a situation
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6that a person of ordinary prudence, con"ersant with business usage and the nature of the particular business, is justified in presuming that such an agent has authority to perform the particular act in >uestion.R 87GA#53 v. (M( +- +orceps were used to e5tract the baby, and in the process, a piece of cer"ical tissue was torn. Patient died soon after. 1- #M# liable, e"en if an independent contractor was liable L'- a hospital is not liable for the negligence of an independent contractorphysician ?- Qdoctrine of apparent authorityR where the physician is the QostensibleR agent of the hospital -the elements of an action under said doctrine are that8<: the hospital, or its agent, acted in a manner that would lead a reasonable person to conclude that the alleged negligent individual was an employee agent of the hospital 83: the hospital had knowledge of the acts creating the appearance of authority and ac>uiesce them 8D: the plaintiff acted in reliance upon the conduct of the hospital or its agent, consistent with ordinary care and prudence. 5. Res ipsa loGuiturJ reGuisites BATIM@I8 v. (A +- Piece of rubber glo"e left in the o"ary after a caesarean section was performed on the patient, causing an o"arian cyst. 1- MEhere the thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen in those who ha"e the management use proper care, it affords reasonable e"idence, in the absence of an e5planation by the defendant, that the accident arose from want of care.M -%octrine does not dispense with re>uirement of proof of culpable negligence of defendant $,! a mere procedural con"enience which recognizes prima facie negligence e"en E2( %*'&#! P'((+ RAM73 D. (A 9wron ful intu'ation of anest%esia made patient comatosed: 1- for 'amos 7'iterJ *es ipsa lo#uitur is a atin phrase which literally means Ct%e t%in or t%e transaction speaks for itself.C Ehere the thing which caused the injury complained of is shown to be under the management of the defendant or his ser"ants and the accident is such as in ordinary course of things does not happen if those who ha"e its management or control use proper care, it affords reasonable e"idence, in the absence of e5planation by the defendant, that the accident arose from or was caused by the defendantKs want of care.
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- *t is grounded in the superior logic of ordinary human experience and on the basis of such e5perience or common Fnowledge, negligence may be deduced from the mere occurrence of the accident itself. 1ence, res ipsa lo>uitur is applied in con0unction with the doctrine of common knowledge. - Mere invocation and application of t%e doctrine does not dispense wit% t%e reGuirement of proof of ne li ence. Should pro"e the following 9R5M@I3IT53: <. !he accident is of a Find which ordinarily does not occur in the absence of someone.s negligence; 3. *t is caused by an instrumentality within the exclusive control of the defendant or defendants; and D. !he possibility of contributing conduct which would maFe the plaintiff responsible is eliminated. R5;53 D. 3isters of Merc& 4ospital 9T&p%oid case: 1- 'es *psa o>uitur is not a rigid2ordinary doctrine to be perfunctorily used $,! a rule to be cautiously applied, depending upon the circumstances of the case. -its application is restricted to situations in malpractice cases 6where layman is able to say, 6as a matter of common Fnowledge and obser"ation, 6that the conse>uences of professional care were not as such as would ordinarily ha"e followed 6if due care had been e5ercised. (A8TR5 D. 3P3 G7 +- %roplight used to warm the mom and her baby caused a fresh gaping wound 3.H-D.H inches in the inner portion of the mom.s left arm, which necessitated plastic surgery to be remo"ed. 1- *n cases in"ol"ing medical negligence, the doctrine of res ipsa lo>uitur allows the mere e5istence of an injury to justify the presumption of negligence on the part of the person who controls the instrument causing the injury. &lements- refer to 'amos ". #A $. Dicarious lia'ilit& -a person is not only liable for the torts committed by himself, 6but also for torts committed by others with whom he has a certain relationship and for whom he is responsible 87GA#53 D. (M( 9piece of cervical tissue torn durin caesarian operation: 1- )icarious liability presupposes an employer-employee relationship for which the control test is determining in assessing its e5istence. *f there.s no &&', then hospital would not be liable. ?- apparent authority
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8note howe"er that in this case, #M# was held liable based on apparent authority and not on "icarious liability: G. (aptain of t%e 3%ipRAM73 v. (A 9wron ful intu'ation case= as re ard t%e relations%ip 'etween t%e sur eon and anest%eolo ist: As the so-called Mcaptain of the ship,M it is the surgeonKs responsibility to see to it that those under him perform their tasF in the proper manner.
PART ID "8A A3 5DI"58(5 -%/A testing to pro"e guilt2innocence of accused I. 6%at is "8A testR (ther terms;%/A typing ;%/A fingerprinting ;%/A profiling ;genetic tests ;genetic fingerprinting S#*&/!*+*# $AS*S- differences in genetic maFe-up2composition of indi"iduals -genes composed of chemical substance = %/A
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P57P#5 D. DA##5J7 +- $rother of tutor of "ictim raped the girl. $lood type of suspect was Q(R but the blood stains found on his clothes and the clothes of the "ictim were type QAR. Also, "aginal swabs from the "ictim contained %/A profile of "ictim as well as accused. 1- ,sing totality of e"idence rule, accused guilty beyond reasonable doubt. As to 'lood t&peJ Argument of suspect that there was no direct determination of "ictim.s blood type as QAR has no merit since it is "ery probable that the blood of a "ictim, who died of bloody death, would produce bloodstains on her clothing. As to "8AJ Suspect.s contention that prosecution failed to pro"e that there was no contamination of the %/A sample 8as the specimens were already soaFed in smirchy waters: does not lie- &ach person.s %/A profile is distinct and uni>ue. -&"idence Sample- material collected from the scene of the crime2from the "ictim.s body -'eference Sample- taFen from suspect and "ictim 6the e"idence sample and reference sample are then matched in %/A testing K- possi'le results from "8A testJ <. &?# ,S*(/- samples different- must ha"e originated from different sources 3. */#(/# ,S*)&- not possible to be sure whether the samples ha"e similar %/A types D. */# ,S*(/- could ha"e originated from the same source 9 analyst now proceed to determine the statistical significance of the similarity V;Ma.am A"ena- this is the <s time that %/A test is admitted as object e"idence 9 3CC3SW P57P#5 D. ;ATAR +- ,ncle in law raped niece in mother-in-law.s house, then Filled her by stabbing her multiple times on the stomach 8causing her intestines to protrude6eeew:. Semen of the accused disco"ered inside the "aginal canal of the "ictim, which was subject to %/A testing. %/A from the semen found to be a match with %/A from blood sample taFen from accused. #onstitutionality of %/A e"idence. 1- re- %/A testing-ad"anced as a uni>uely effecti"e means to linF a suspect to a crime2e5onerate a wrongly accused suspect, where biological e"idence has been left; a fertile source of both inculpatory and e5culpatory e"idence. %/A- a molecule that encodes the genetic information in all li"ing organisms -the same in each cell, does not change in person.s lifetime -no two indi"iduals ha"e the same %/A, ?- identical twins -%/A e"idence obtained through P#' 8Polymerase #hain 'eaction: testing and utilizing S!' 8Short !andem 'epeat: analysis could be appreciated as
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rele"ant and reliable since it is reasonably based on scientifically "alid principles of human genetics and molecular biology -taFing of blood samples from the accused is not included in the right against self-incrimination since the right against self-incrimination is simply against the legal process of e5tracting from the lips of the accused an admission of guilt A/% %(&S /(! APP @ where e"idence sought to be e5cluded is not an incrimination but PA'! (+ ($A&#! &)*%&/#&. 45RR5RA D. A#BA +- <D y.o. Alba wanted his father to recognize and support him through petition for recognition. +ather denied that he was the biological father, denying physical contact from mother. Alba then mo"ed to direct the taFing of %/A paternity testing, which was opposed by the QfatherR, which was granted. 1- %/A test is a "alid probati"e tool to determine filiation Paternity !est using %/A<. forensic scientist looFs at number of "ariable regions in an indi"idual to produce a %/A profile. 3. %/A profiles of the mother and the child e5amined to determine which half of the child.s %/A was inherited from mom D. e5amine alleged father.s %/A profile to ascertain whether his %/A profile matches that of the child 4. if the comparison reached a NN.NX minimum "alue of probability of paternity inclusion 8E:, then there is a refutable presumption of paternity, to be subjected to )allejo standards ;!he policy of the +amily #ode to liberalize the rule on the in"estigation of paternity and filiation of children, especially of illegitimate children, is without prejudice to the right of the putati"e parent to claim his or her own defenses. Ehere the e"idence to aid this in"estigation is obtainable through the facilities of modern science and technology, such e"idence should be considered subject to the limits established by the law, rules and jurisprudence. **. *nitial reaction of the #ourt to %/A &"idence P5 #IM D. (A 9)00A: +- Pe im was being asFed to recognize his lo"echild with her former common-law wife whom he met in a night club. Pe im denied paternity, saying that the mother and he were just friends and that the mother left for Aapan and returned pregnant. 1- !he totality of e"idence showed by mother pro"es that Pe im was indeed the father. 1(E&)&', with regards %/A- Q%/A, being a relati"ely new science, has not yet been accorded official recognition by our courts. Paternity will still ha"e to be resol"ed by such con"entional e"idence as the rele"ant incriminating acts, "erbal and written by the putati"e father. TIJI8G D. (A 9,++):
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+- Son of laundry woman Fidnapped by customer. 4 years later, laudry woman found out that the common-law husband of her customer died. Ehen she went to the waFe, she found her son with her customer. 1- !he child with her customer is her son, based on the resemblance between the minor son and the mother. Also, Angelita 8the customer: and her common law husband were already pro"en to be unable to bear child 7 records failed to pro"e that the child was theirs. 'e %/A- QParentage will still be resol"ed using con"entional methods unless we adopt the modern and scientific ways a"ailable. +ortunately, we ha"e now the facility and e5pertise in using %/A test for identification and parentage testing6(f course, being a no"el scientific techni>ue, the use of %/A test as e"idence is still open to challenge. &"entually, as the appropriate case comes, courts should not hesitate to rule on the admissibility of %/A e"idence6 #ourts should apply the results of science when competently obtained in aid of situations presented, since to reject said results is to deny progress. ***. Admissibility and Probati"e )alue P57P#5 D. DA##5J7 8%/A from "aginal swabs alleged to be contaminated because of the smirchy waters in the QcompuertaR 'e- Admissibility and probati"e "alue- #ourt should consider, among other things<. how the samples were collected 3. how the samples were handled D. the possibility of contamination 4. whether the proper standards and procedures were followed in conducting the tests H. the >ualification of the analyst who conducted the tests (biter in 45RR5RA D. A#BA- *n )allejo, the probati"e "alue A/% /(! !1& A%M*SS*$* *!@ was now the issue due to Qofficial recognitionR accorded to %/A analysis. *). %/A &"idence as Admissible in S# P57P#5 D. ;ATAR 8semen in "aginal canal and blood sample from accused ha"e matching %/A profiles. ,ncle raped niece, stabbed in stomach, intestines protruded6eeew6 #onstitutionality of %/A e"idence: ;RAdmittedly, we are just beginning to integrate these ad"ances in science and technology in the Philippine criminal justice system, so we must be cautious as we tra"erse these relati"ely uncharted watersR -%/A e"idence obtained through P#' testing and utilizing S!' analysis could be appreciated as rele"ant and reliable since it is reasonably based on scientifically "alid principles of human genetics and molecular biology I8 R5J T45 6RIT 7$ 4AB5A3 (7RP@3 $7R R5;8A#"7 "5 DI##A +- ,ncle 8na namanGS:, who was allegedly I0 y.o. then, was said to ha"e raped his <3 y.o. niece by affinity, resulting to the birth of a baby girl. ,ncle
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con"icted in <NN4. /ow 83CC4G:, son of the con"icted uncle, using %/A e"idence showing that %/A profile of alleged QsisterR did not matched the profile of dad, filed this petition to free dad 1- %ad was pro"en to be a rapist, and the "ictim.s pregnancy and resultant childbirth are *''& &)/! in determining E(/ there was rape. Pregnancy of the "ictim /&)&' was an element of rape. -%/A e"idence showing incompatibility between %/A profile of the child and the putati"e father does not discharge the con"icted putati"e father of the crime of rape. -%/A e"idence did not fall within the statutory2jurisprudential definition of Qnewly disco"ered e"idenceR as such e"idence was already a"ailable during the time of trial. acF of Fnowledge of the e5istence of %/A testing speaFs of negligence either on the accused. party or of the counsel. T5(378 D. (7M5#5( +- +PA.s nationality was contestested, it being that he came from a Spanish father and American mother, so therefore, he is not a natural-born citizen. *f e"er his father became a +ilipino citizen, his father.s marriage to his mom was said to be illegitimate, therefore, +PA was an illegitimate son and should follow the nationality of the mom. 1- +PA was a +ilipino #itizen, jus sanguinis Lrandpa probably benefited from Qen masse +ilipinizationR that <NC3 Philippine $ill had effected. !his means grandpa became a +ilipino, and this citizenship e5tended to son, Allan Poe. So Allan Poe should be considered a +ilipino citizen. 6<NDH #onsti 8applicable when +PA was born: confers citizenship to all persons whose fathers are +ilipino citizens regardless if legitimate2illegitS 'e %/A- binanggit lang, no %/A e"idence presented naman 9 cited !ijing ". #A 6*n case proof of filiation or paternity would be ,/ *U& @ to satisfactorily establish or would be difficult to obtain, %/A testing, which e5amines genetic codes obtained from body cells of the illegitimate child and any physical residue of the (/L %&A% PA'&/! could be resorted to. A positi"e match would clear up filiation or paternity. P57P#5 D. JA8378 +- I masFed men robbed Alcantara family then tooF turns raping the <D year old daughter Maritess. (ne of the suspects made an e5trajudicial confession allegedly admitting raping Maritess. '!# found them guilty. 1- *nconsistencies in testimony of "ictim regarding positi"e identification of the suspects 8when the suspects cannot be identified as they wore masFs: and the inadmissible e5trajudicial confession of Aanson would not be enough to con"ict Aanson of guilt beyond reasonable doubt. )*#!*MS S1(, % 1A)& ($!A*/&% %/A &)*%&/#& from the seminal fluid found in the "agina of the "ictim, /(! ,/#&'!A*/ !&S!*M(/*&SS
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AG@3TI8 D3. (A +- 1errera ". Alba case all o"er again. Ma and Pa had affair which resulted to child. Pa e"en shouldered hospital e5penses for birth. !hen Pa refused to gi"e support so Ma and child petitioned for support. Main issue is E(/ court could order %/A paternity testing in support proceeding. 1- #ourt could order %/A paternity testing. #onstitutionality of compulsory %/A testing and the admissibility of the results as e"idence already upheld in @atar ". #A. /o "iolation of right "s self-incrimination as %/A e"idence is object e"idence, not testimonial e"idence which is sought to be incriminated. /or was there "iolation of right to pri"acy. *n (ple ". !orres 8/ational *% System:, it was held that the right to pri"acy does not bar all incursions into indi"idual pri"acy. !he right is not intended to stifle scientific and technological ad"ancements that enhance public ser"ice and the common god. *ntrusions into the right must be accompanied by proper safeguards that enhance public ser"ice and the common good. 45RR5RA D. A#BA +- Similar to Agustin ". #A. Paternity case 1- !he policy of the +amily #ode to liberalize the rule on the in"estigation of paternity and filiation of children, especially of illegitimate children, is without prejudice to the right of the putati"e parent to claim his or her own defenses. Ehere the e"idence to aid this in"estigation is obtainable through the facilities of modern science and technology, such e"idence should be considered subject to the limits established by the law, rules and jurisprudence. P57P#5 D @MA8IT7 9,++A: +- Accused appealed con"iction of crime of rape, petitioned the court for the conduct of %/A testing to determine E(/ the child borne by the "ictim was his. 1- Luilt of ,manito to be determined through the result of the %/A test. Eith the ad"ance in genetics and the a"ailability of new technology, it can now be determined with reasonable certainty whether appellant is the father of the child. *f he is not, his ac>uittal may be ordained. -<st Fnown application of the /ew 'ule on %/A &"idence 8tooF effect (ct <H, 3CC0: D. 6%en "8A evidence is 87T 85(533AR; -where there are other e"idence to pro"e the guilt beyond reasonable doubt of the accused A8"A# D3. P57P#5 +- Petition for habeas corpus 8similar to *n re %e )illa: wherein the con"icts, who were found to ha"e raped "ictim and were about to be e5ecuted for death, were now re>uesting that %/A test be conducted to compare the semen samples found in the "ictim with samples from them.
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1- &ye-witness identification already so no need for %/A test. %/A testing unnecessary2forgotten e"idence too late to consider now. DI. Pro'ative value of "8A Anal&sis as 5vidence DA##5J7 3TA8"AR" 9BR7T45R 7$ T@T7R RAP5" T@T55. 3MIR(45" 3AMP#53:J #ourt should consider, among other things<. how the samples were collected 3. how the samples were handled D. the possibility of contamination 4. whether the proper standards and procedures were followed in conducting the tests H. the >ualification of the analyst who conducted the tests 7 People ". ,manito 8<st case where 'ules on %/A &"idence of 3CC0 was used: I. proper chain of custody in handling the samples submitted by the parties 7. that the samples be collected by a neutral Drd party B. the tested parties are appropriately identified at their sample collection appointments N. the samples are protected with tamper tape at the collection site <C. that all persons in possession thereof at each stage of testing thoroughly inspected the samples for tampering and e5plained his role in the custody of the samples and acts he performed in relation thereto. DIII. "8A e?amination and ri %t to self-incrimination P57P#5 D. ;ATAR 8%/A from blood sample from accused and seminal fluid from "ictim.s "agina matched. $lood sample allegedly forced from accused. &eew case: 1- taFing of blood samples from the accused is not included in the right against self-incrimination since the right against self-incrimination is simply against the legal process of e5tracting from the lips of the accused an admission of guilt A/% %(&S /(! APP @ where e"idence sought to be e5cluded is not an incrimination but PA'! (+ ($A&#! &)*%&/#&. 45RR5RA D3. A#BA 8Paternity case; putati"e father alleges that compulsory %/A testing is against his right "s. self-incrimination: 1- 'ight to self-incrimination is just a prohibition on the use of physical or moral compulsion to e5tort communication 8testimonial e"idence: from a defendant, /(! an inclusion of e"idence taFen from the body when it may be material. DIII. Rules on "8A 5vidence 53TAT5
7$
R7G5#I7 78G D. "IAN
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+- mom and putati"e father li"ed-in and concei"ed minor child now petitioning for support. Putati"e father denied being father, though admitted that he had actual se5ual relations with mother. Putati"e father offered to submit self to %/A testing but died 1- %eath of the source of the biological sample is not a bar for %/A testing -,nder the /ew 'ules on %/A !esting%/A !esting- "erified and credible scientific methods which include the e5traction of %/A from biological samples, the generation of %/A profiles and the comparison of the information obtained from the %/A testing of biological samples for the purpose of determining, with reasonable certainty, whether or not the %/A obtained from 3 or more distinct biological samples originates from the same person 8direct identificationY or if the biological samples originate from related persons 8Finship analysis: 6,nder Section 4, an appropriate court may order the conduct of %/A testing motu proprio or on application of any person who has legal interest in the matter in litigation $*( (L*#A SAMP &- any organic material originating from a person.s body, e"en if found in inanimate objects, that is susceptible to %/A testing. *ncludes;blood ;sali"a ;body fluids ;tissues ;hairs ;bones 6so as long as any of these biological samples may be obtained from 'ogelio (ng, %/A test may be conducted
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"8A M@IN TIP 2pecial *eview ). case of 45RR5RA D. A#BAJ rules in provin filiation
Kfour si nificant procedural aspects of a traditional paternit& action <. prima facie case- that something happened between the two putati"e parents
3. D. 4.
affirmati"e defenses- that the putati"e mother had se5ual relations with other men or incapability of se5ual relations presumed legitimacy 8in case putati"e parents are married and child born during marriage: physical resemblance $iliation
K#aws esta'lis%in <03 and <04 +#-
8<: !he record of birth appearing in the ci"il register or a final judgment; or 83: An admission of legitimate filiation in a public document or a pri"ate handwritten instrument and signed by the parent concerned. *n the a'sence of t%e fore oin evidence, the legitimate filiation shall be pro"ed by8<: !he open and continuous possession of the status of a legitimate child; or 83: Any other means allowed by the 'ules of #ourt and special laws. Q Rules on 5videnceJ P5"IGR55 ', & <DC S&#. DN. Act or declaration about pedigree.J!he act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be recei"ed in e"idence where it occurred before the contro"ersy, and the relationship between the two persons is shown by e"idence other than such act or declaration. !he word QpedigreeR includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these facts occurred, and the names of the relati"es. *t embraces also facts of family history intimately connected with pedigree. S&#. 4C. +amily reputation or tradition regarding pedigree.J!he reputation or tradition e5isting in a family pre"ious to the contro"ersy, in respect to the pedigree of any one of its members, may be recei"ed in e"idence if the witness testifying thereon be also a member of the family, either by consanguinity or affinity. &ntries in family bibles or other family booFs or charts, engra"ing on rings, family portraits and the liFe, may be recei"ed as e"idence of pedigree.
Blood testin J conclusi"e merely on the /(/ PA!&'/*!@ of the +ather

%/A typing simply means determining the Qpol&morp%ic loci.R
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five 92: tec%niGues to conduct "8A t&pin <. '+ P 8restriction fragment length polymorphism:; 3. Qre"erse dot blotR or 1 A %P a2Pm loci - used in 3B0 cases that were admitted as e"idence by D0 courts in the ,.S. as of /o"ember <NN4; D. mt%/A process; 4. )/!' 8"ariable number tandem repeats:; H. P#'-8VpolymeraseW chain reaction: based S!' 8short tandem repeats: method which, as of <NNI, was a"ailed of by most forensic laboratories in the world. P(R is the process of replicating or copying %/A in an e"idence sample a million times through repeated cycling of a reaction in"ol"ing the so-called %/A polymerize enzyme. 3TR= on the other hand, taFes measurements in <D separate places and can match two 83: samples with a reported theoretical error rate of less than one 8<: in a trillion.
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the state Supreme #ourt included the admissibility of %/A test results in a criminal proceeding. 4 9modification of t%e $r&e standard:- Ehile we agree with the trial court that forensic %/A typing has gained general acceptance in the scientific community, we hold that admissibility of specific test results in a particular case hinges on the laboratory6s compliance with appropriate standards and controls, and the availability of their testing data and results. "au'ert v. Merrell "ow P%armaceuticals= Inc. $J a product liability case where both the trial and appellate courts denied the admissibility of an e5pert.s testimony because it failed to meet the +rye standard of Qgeneral acceptance.R 4 9furt%er modified $r&e standard: J in federal trials, the +ederal 'ules of &"idence ha"e superseded the +rye standard. %aubert cautions that departure from the +rye standard of general acceptance does not mean that the +ederal 'ules do not place limits on the admissibility of scientific e"idence. 'ather, the judge must ensure that the testimony.s reasoning or method is scientifically "alid and is rele"ant to the issue. Admissibility would depend on factors such as8<: whether the theory or techni>ue can be or has been tested; 83: whether the theory or techni>ue has been subjected to peer re"iew and publication; 8D: the Fnown or potential rate of error; 84: the e5istence and maintenance of standards controlling the techni>ue.s operation; and 8H: whether the theory or techni>ue is generally accepted in the scientific community. Fum%o Tires (o. v. (armic%ael 4J *f scientific, technical or other specialized Fnowledge will assist the trier of fact to understand the e"idence or to determine a fact in issue, a witness >ualified as an e5pert by Fnowledge, sFill, e5perience, training, or education, may testify thereto in the form of an opinion or otherwise, if 8<: the testimony is based upon sufficient facts or data, 83: the testimony is the product of reliable principles and methods, and 8D: the witness has applied the principles and methods reliably to the facts of the case.
Paternit& Test usin "8AJ <. forensic scientist looFs at number of "ariable regions in an indi"idual to produce a %/A profile. 3. %/A profiles of the mother and the child e5amined to determine which half of the child.s %/A was inherited from mom D. e5amine alleged father.s %/A profile to ascertain whether his %/A profile matches that of the child 4. if the comparison reached a NN.NX minimum "alue of probability of paternity inclusion 8E:, then there is a refutable presumption of paternity, to be subjected to )allejo standards -fr&e= sc%wart1= dau'ert
$r&e v. @.3.$J the trial court con"icted +rye of murder. +rye appealed his con"iction to the Supreme #ourt of the %istrict of #olumbia. %uring trial, +rye.s counsel offered an e5pert witness to testify on the result of a s&stolic 'lood pressure deception test 8!his form of lie detector test asserts that Qblood pressure is influenced by change in the emotions of the witness, and that the systolic blood pressure rises are brought about by ner"ous impulses sent to the sympathetic branch of the ner"ous system.R: made on defendant. 4J affirmed +rye.s con"iction and ruled that /the systolic blood pressure deception test has not yet gained such standing and scientific recognition among physiological and psychological authorities as would justify the courts in admitting expert testimony deduced from the discovery, development, and experiments thus far made&0 !he $r&e standard of eneral acceptance states as followsAust when a scientific principle or disco"ery crosses the line between the e5perimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the e"idential force of the principle must be recognized, and while courts will go a long way in admitting e pert testimony deduced from a well recogni/ed scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. 3tate v. 3c%wart1 $J Schwartz was charged with stabbing and murder. $loodstained articles and blood samples of the accused and the "ictim were submitted for %/A testing to a go"ernment facility and a pri"ate facility. !he prosecution introduced the pri"ate testing facility.s results o"er Schwartz.s objection. (ne of the issues brought before
,. (ase of DalleLo - pro'ative value of "8A testin #ourt should consider, among other things<. how the samples were collected 3. how the samples were handled D. the possibility of contamination 4. whether the proper standards and procedures were followed in conducting the tests H. the >ualification of the analyst who conducted the tests -purpose of "8A testin from DalleLoJ !he purpose of %/A testing is to ascertain whether an association e5ists between the e"idence sample and the reference sample. !he samples collected are subjected to "arious chemical processes to establish their profile.
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-. 3tud& (ases and ratio for eac% case 9multiple c%oice Sto usuall&: - mam will state a doctrine tapos &ou c%oose amon t%e cases listed *. Rules on "8A 5vidence 9t%is is ver& important= mam t%e e?am Guestions %ere= so 'e sure to memori1eJ section -J "efinition of terms ot most of
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a) b) c)
d: e:
$iological sample means any organic material originating from a persons body, e"en if found in inanimate objects, that is susceptible to %/A testing. !his includes blood, sali"a and other body fluids, tissues, hairs and bones; %/A means deo5yribonucleic acid, which is the chain of molecules found in e"ery nucleated cell of the body. !he totality of an indi"iduals %/A is uni>ue for the indi"idual, e5cept identical twins; %/A e"idence constitutes the totality of the %/A profiles, results and other genetic information directly generated from %/A testing of biological samples; %/A profile means genetic information deri"ed from %/A testing of a biological sample obtained from a person, which biological sample is clearly identifiable as originating from that person; %/A testing means "erified and credible scientific methods which include the e5traction of %/A from biological samples, the generation of %/A profiles and the comparison of the information obtained from the %/A testing of biological samples for the purpose of determining, with reasonable certainty, whether or not the %/A obtained from two or more distinct biological samples originates from the same person 8direct identification: or if the biological samples originate from related persons 8Finship analysis:; and Probability of Parentage means the numerical estimate for the liFelihood of parentage of a putati"e parent compared with the probability of a random match of two unrelated indi"iduals in a gi"en population.
a. (rder, where appropriate, that biological samples be taFen from any person or crime scene e"idence; b. *mpose reasonable conditions on %/A testing designed to protect the integrity of the biological sample, the testing process and the reliability of the test results, including the condition that the %/A test results shall be simultaneously disclosed to parties in"ol"ed in the case; and c. *f the biological sample taFen is of such an amount that pre"ents the conduct of confirmatory testing by the other or the ad"erse party and where additional biological samples of the same Find can no longer be obtained, issue an order re>uiring all parties to the case or proceedings to witness the %/A testing to be conducted. An order granting the %/A testing shall be immediately e5ecutory and shall not be appealable. Any petition for certiorari initiated therefrom shall not, in any way, stay the implementation thereof, unless a higher court issues an injuncti"e order. !he grant of %/A testing application shall not be construed as an automatic admission into e"idence of any component of the %/A e"idence that may be obtained as a result thereof.
f:
section *J application of "8A Testin 9process...:
7rder - list down t%e process
S&#. 4. Application for %/A !esting (rder. !he appropriate court may, at any time, either motu proprio or on application of any person who has a legal interest in the matter in litigation, order a %/A testing. Such order shall issue after due hearing and notice to the parties upon a showing of the following8a: A biological sample e5ists that is rele"ant to the case; 8b: !he biological sample- 8i: was not pre"iously subjected to the type of %/A testing now re>uested; or 8ii: was pre"iously subjected to %/A testing, but the results may re>uire confirmation for good reasons; 8c: !he %/A testing uses a scientifically "alid techni>ue; 8d: !he %/A testing has the scientific potential to produce new information that is rele"ant to the proper resolution of the case; and 8e: !he e5istence of other factors, if any, which the court may consider as potentially affecting the accuracy or integrity of the %/A testing. 3ec. 2. "8A Testin 7rder. *f the court finds that the re>uirements in Section 4 hereof ha"e been complied with, the court shall
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II. Role!Purpose of Medical Jurisprudence A. #ause of Action $. %efense #. &"idence