Session 2 – Introduction to the Philippine Political and 4) 3 Inherent and Fundamental Powers of the Philippine State

Legal System – Police Power

o The most essential and least limitable power of the state to
I. SIGNIFICANCE OF MEDICAL JURISPRUDENCE protect the public
A. What is Medical Jurisprudence?  Proper exercise of police power requires the concurrence
• Medical Jurisprudence is the legal aspect of medical practice of a lawful subject and a lawful method
• It concerns laws and legal doctrines affecting the practice of o Power vested in the national and local legislature by the
medicine Constitution to make reasonable laws
– Example of law: Licensure and regulatory laws  With or without penalties
– Example of legal doctrine: Medical negligence doctrines  Not repugnant to the Constitution
 For the good and welfare of the public
B. Significance of Medical Jurisprudence o In the PH, this power is exercised through the Medical Act of
• Application to Physicians 1959 (Regulatory Laws on the Practice of Medicine) and the
– A physician can only practice medicine upon passing the government may introduce new laws to further regulate it
Physician’s Licensure Exam (PLE) – Eminent Domain
o The PLE is a good example of a regulatory law o The ultimate right of the government to appropriate property
 It aims to ensure “public good” by regulating those who for public purposes → think of expropriation
can practice medicine  Public and private property of all citizens
– The practice of Medicine is a privilege NOT a right  After payment of just compensation
o It is a privilege granted by the government – Taxation
o The government reserves the right to take away such a o The power of government to impose and collect reasonable
privilege should the physician violate regulatory laws taxes to raise revenue
• Why Study Medial Jurisprudence?  Non-payment is punishable → jailtime + license revocation
– To understand that the practice of Medicine should be within
the framework of the law C. The Philippine Government
– To be an informed medical practitioner 1) The 3 Branches of Government
– Legislative Department
II. OVERVIEW OF THE PHILIPPINE POLITICAL SYSTEM o Congress composed of The Senate and The House of
A. The Philippine Constitution Representatives
1) What is a Constitution?  Vested w/ Legislative Power to make, alter, or repeal laws
– “The Supreme Law of the Land” o Functions: Law-Making, Pure Law Making, Administrative in
– A written instrument by which the fundamental powers of the character or Quasi Judicial function
government are established, limited, and defined, and by which – Executive Department
these powers are distributed among several departments for o The President is both the “Head of State” and the “Chief
their safe and useful exercise and for the benefit of the people Executive”
2) The 1987 Philippine Constitution  Vested with Executive Power to control, appoint, remove,
– The current constitution that we are using which established a and pardon
representative democracy with power divided among three ▪ Pardon: act of grace which exempts the individual on
separate and independent branches of government: the whom it is bestowed from the punishment which the
Executive, a bicameral Legislature, and the Judiciary. law inflicts for the crime he has committed
B. The Philippine State o Acts of his “Alter Egos” can be considered Acts of the
1) What is a State? President → Cabinet members
– State (or Country): A sovereign, self-governing political entity o Functions: Execution of Laws
– Nation: A group of people who feel bound by a common – Judicial Department
language, culture, religion, history or ethnicity o Supreme Court and the Courts
2) 4 Elements of a State?  Vested with the judicial power to determine actual
– Community of people (more or less numerous) controversies arising between adverse litigants, duly
– Permanently occupying a definite territory instituted in courts of proper jurisdiction
– Sovereignty: Independent of external control  Duty to determine controversies whether there has been
o Resides in the people any abuse of discretion amounting to lack or excess of
– Possessing an organized government which the people render jurisdiction on part of any branch of the government
habitual obedience o Functions: Interpretation of Laws
3) The Philippines is both a Democratic AND Republican State 2) What is the Doctrine of Separation of Powers?
– States that each Department is absolute in its own sphere (kept
“Sovereignty resides in the people and all government authority
separate and are co-equals) but are regulated through the
emanates from them”
system of Checks and Balances operating between the 3
– Republican State: A political system where all government branches of the government
authority emanates from the people and is exercised by o Ex. Electoral Tribunals – Judiciary crossing into the Legislative
representatives chosen by the people o Ex. The Budgets of the Executive and Judicial Departments
– Democratic State: are approved by the Legislative Department
o Representative Democracy: A political system that is 3) Purpose of the Doctrine of Separation of Powers?
governed by representatives that are elected by the people – The intent is to prevent the concentration of power in any one
o Direct Democracy: A political system that allows its citizens to branch
vote directly for laws and policies through:
 Initiative: People can participate in drafting of a law
 Referendum: The state allows citizens to vote on the
passing of a law

1
 III. THE PHILIPPINE LEGAL SYSTEM 3) Res Judicata → could mean "a matter adjudged; a thing judicially
A. What is Legal System? acted upon or decided; a thing or matter settled by judgment."
• Legal System: A system of interpreting and enforcing laws – States that a cause of action may not be re-litigated once it has
been judged on the merits → you cannot sue again for the same
B. Purpose of a Legal System damages once the court has passed judgment
• To uphold justice – Elements of Res Judicata
• To apply the law fairly to everyone, regardless of a person’s status 1. The judgment sought to bar the new action must be final
in life 2. The decision must have been rendered by a court having
C. What is a Court? jurisdiction over the subject matter and the parties
• An organ of government whose function is the application of laws 3. Disposition of the case must be a judgment based on merits
to actual controversies brought before it and the public 4. First and second action must have the same parties, subject
administration of Justice matter/issue, and causes of action
– Embraces two concepts
D. Hierarchy of Courts o Bar by prior judgement
• Doctrine of Hierarchy of Courts created to ensure that every level o Conclusiveness of Judgment
of the judiciary performs its designated roles in an effective and 4) No Trial by Jury
efficient manner – Depending on the case is being heard, a judge or a jury will
– Trial courts: determines facts from the evaluation of the decide
evidence presented before them & also determine issues of law o In the Philippines, the judge is normally the one who renders
o 4th level: MTCs the verdict, there being no jury
o 3rd level: RTCs and Shari’a District Courts 5) Justices and Judges
– Court of Appeals: an appellate court that reviews the – Lower courts (3rd & 4th): Presided by a judge (serves as an arbiter)
determination of facts and law made by the trial courts – Higher Courts (1st & 2nd): Presided by a justice
o 2nd level: CA, Court of Tax Appeals, Sandiganbayan
– Supreme Court: leads the judiciary by breaking new ground or IV. PHILIPPINE STATUTORY AND CASE LAW
further reiterating — in the light of new circumstances or in the A. Law: Definition
light of some confusions of bench or bar — existing precedents. • System of rules of a government that regulates the actions of its
o 1st level or the highest court of the land citizens
• Generally, you can’t skip one level and jump straight to the next B. Functions of Law
but there are exceptions: • Social Control
– There are genuine issues of constitutionality that must be • Regulate Society
addressed at the most immediate time. • Resolve Disputes
– Issues involved are of transcendental importance. • Bring order and justice to society
– In cases of first impression
– Constitutional issues raised are better decided by SC C. Sources of Philippine Laws
– Time element presented in the case cannot be ignored 1) Legislative Department
– Filed petition reviews the act of a constitutional organ – Republic Acts
– Lack of other sufficient remedies in the course of law 2) Executive Department
– Petition includes questions that are dictated by public welfare – Executive Orders
and the advancement of public policy, or demanded by the – Administrative Orders
broader interest of justice, or the orders complained found to be – Memorandum/Circulars
patent nullities, or the appeal was considered as clearly – IRRs – Internal Rules and Regulations
inappropriate remedy. 3) Judicial Department
– Jurisprudence
E. Characteristics of The Philippine Legal System o Judicial decisions applying to or interpreting laws or the
1) Philippine Legal System is a combination of civil and common law
Constitution → becomes precedents
1) Civil Law System
– Can draft Rules in pursuit of its judicial function
– Laws are Codified (based on Roman Law)
– Every provision is a description of a situation that may happen D. Case Law vs. Statute Law
(covers all possibilities) • Case Law: AKA Common law; Jurisprudence
2) Common Law System – Decisions of the SC shall form a part of the legal system of the
– Laws derived from customs and judicial precedents (based on Philippines
the English Legal System) • Statute Law: AKA Written laws created by Congress in the form of
o Court decisions are used as precedents to decide future Legislation
cases with similar facts – Implementing Rules and Regulations created by the Executive
2) Stare Decisis (et quieta non movere) → means “to stand by things
decided and not disturb settled law” E. Private vs. Public Law
– Enjoins adherence to judicial precedents or rules established by • Private Law
previous SC decisions, in cases with same facts and issues but – Governs relationship between Private Individuals
with different parties o Scope is more specific than Public Law
– The decisions of courts rely on precedents – use of past decisions o Exists to assist citizens in disputes that involve private matters
to guide future decisions. o e.g. Physician-Patient Contractual Relationship
o Lower Courts are compelled to follow the decisions rendered • Public Law
by the Supreme Court – Governs relationship between State and Private Individuals
 Lower Courts’ decisions can be used as precedents too but – Deals with issues that affect the general public, and concerns
are merely persuasive that are of importance to society
 Decisions of the Supreme Court are conclusive and also – Includes administrative, constitutional, and criminal law
has the power to overturn precedents – e.g. Medical Act of 1959

2
 F. Civil vs. Criminal Law *Commonly Used Latin Terms or Maxims
• Civil Law (e.g. Family Code of the Philippines) • Ab initio – From the beginning
– Private Law which regulates the relationships between • Ad hoc – For a particular purpose
individuals • Ad interim – For the meantime
– Evidence Required: It only has to be proven that the defendant • Ad litem – For a lawsuit or action
is liable by a preponderance of the evidence, which is a measure • Agenda – Things to be done
of quality and credibility rather than quantity • Amicus curiae – Friend of the court
• Criminal Law (e.g. Revised Penal Code) • Bona fide – Acting in good faith
– Public Law on conduct which the State considers with • Caveat emptor – Let the buyer beware
disapproval and which the State seeks to eradicate or control • Circa (C.) – Approximately
o Prohibits and punishes wrongful conduct • Curriculum vitae – A summary of a person's career
 Punishments include fines, imprisonment, or both • De facto – Something that is automatically accepted
– Evidence Required: The State has the burden of proving the
• De jure – By law. According to law
defendant guilty by beyond a reasonable doubt
• Do ut des – I give so that you give back
• Note: Criminal and Civil Laws are not mutually exclusive, and so,
• Dura lex, sed lex – The law is harsh, but it is the law
both can be used for a single event
• Eiusdem generis – Of the same kind
– You may file for a criminal action separately from a civil action
• Ex post facto – After the fact, or Retrospectively
G. Effectivity of Laws • Habeas corpus – You must have the body
• Laws become effective 15 days after its publication in the official • Ipso facto – By the fact itself
gazette or a newspaper of general circulation • Malum proltibitum – A prohibited wrong
• Mens rea – Guilty mind
F. Prospectivity and Retroactivity of Laws
• Mutatis mutandis – The necessary changes having been made
• General Rule: Laws are prospective in application
• Motu proprio – Of one's own initiative
• Exception → Laws may be applied retroactively if:
– When the contrary is expressly provided by law; • Obiter dictum – Something said in passing; parenthetical remark
– Interpretative statutes • Onus probandi – The burden of proof
– Procedural/remedial laws • Parens patriae – Parent of the country
– Curative statutes • Pater familial – Father of the family
– Laws creating new rights • Per se – By or in itself
– Emergency laws • Pendente lite – While a suit is pending
– Tax laws • Prima facie – At first sight; on the face of it
• Primum non nocere – The first thing is to do no harm
G. Statutory Law • Pro forma – As a matter of formality
1) Mandatory or Directory Laws
• Pro tan to – So far
– “May” – performance is directory
• Pro bono (pro bono publico) – For the good of the public
– “Shall” – performance is mandatory
• Quantum meruit – As much as he/she deserved
• Quid pro quo – Something for something.
• Quo vadis? – Where are you going?
• Ratio decidendi – The reason for the decision
• Res gestae – Things done
• Res inter alios – A matter between others it's not our business
• Res ipsa loquitur – The thing speaks for itself
• Res judicata – Thing already judged upon
• Respondeat superior – Let the superior answer
• Sine qua non – Something/someone indispensable
• Stare decisis – To stand by things decided
• Sub judice – Before a court
• Uberrimae fidei – Of the utmost good faith
• Verbatim – Exactly as said
• Versus – Against
• Ultra vires – Beyond [one's) authority outside the jurisdiction
• Volenti non fit iniuria – A person who consents does not suffer
injustice

3
 Session 3 – Jurisdiction and Venue 3) Venue of Actions against Non-Residents
– If any of the defendants does not reside and is not found in the
I. JURISDICTION AND VENUE Philippines, and the action affects the personal status of the
A. Jurisdiction plaintiff, or any property of said defendant located in the
• Jurisdiction: the power of the courts to exercise authority over Philippines, the action may be commenced and tried in the court
persons and things within a territory of the place where the plaintiff resides, or where the property
– It gives the court the power and authority to hear, try, and decide or any portion thereof is situated or found (Rule 4, Rules of
a case Court)
– It is power of the court to make legal decisions and judgments
• The jurisdiction of a legal case depends on both personal jurisdiction C. Jurisdiction vs. Venue
and subject matter jurisdiction JURISDICTION VENUE
• A court must have both subject matter jurisdiction and personal Authority to hear and decide Place where the case is to be
jurisdiction over the matter to hear a case a case heard or tried
• Types of Jurisdictions Matter of Substantive Law Matter of Procedural Law
– Personal Jurisdiction: refers to the power of a court to make Establishes the relation Establishes the relation between
decisions regarding the party being sued in a case between the court and the plaintiff and defendant, petitioner
o It can generally be waived subject matter or respondent
o E.g. If the party being sued appears in a court without Fixed by law and cannot be May be fixed by the parties by the
objecting to the court’s lack of personal jurisdiction over him, conferred by the parties act or agreement of the parties
then the court will assume that the defendant is waiving any
D. Docket Fees
challenge to personal jurisdiction
• A fee charged by the Courts for placing a case in its docket or
o How Does the Court Acquire Personal Jurisdiction?
calendar
 Jurisdiction over the Plaintiff: acquired by filling of an
– Fees required by court for the Plaintiff to pay to cover the
Initiatory Pleading
expenses of the trial
▪ E.g. Filing of a Complaint/Petition
 Jurisdiction over the Defendant → acquired either by the: • Docket fees are jurisdictional
▪ Voluntary appearance of the Defendant or Respondent – Non-payment of Docket Fees: Court will not have jurisdiction
▪ Service of Summons • Docket Fees need to be paid to perfect an appeal
• Service: process used to give legal notice to a person – Yet, where the Plaintiff has paid the amount of filing fees
assessed by the clerk of court, and the amount paid turns out to
• Summons: an order to appear before a Court or
be deficient, the trial court still acquires jurisdiction over the
Administrative body to enable the concerned party
case, subject to the payment by the Plaintiff of the deficiency
to respond to the proceeding before such Court or
assessment
Administrative body
– Jurisdiction over the Subject Matter: conferred by law and not E. How the Court System Works: How to file Civil and Criminal
by the consent or acquiescence of any or all the parties Actions.
o Cannot be waived → Court acquires jurisdiction over the • Where To File a Case?
subject matter as conferred by law – Where an action or a lawsuit is filed depends on the jurisdiction
o Examples: o Regional Trial Court (RTC) or Municipal Trial Court (MTC)
 Actions involving collection of a sum of money not – Once you’ve determined this, look at the venue
exceeding P400,000 (in Metro Manila) shall be under the o E.g. If your case involves real property located in Quezon City
jurisdiction of the Metropolitan Trial Court (exceeding whose value exceeds P50,000, then the case will be filed in
400K, Regional Trial Court has jurisdiction) the Regional Trial Court of Quezon City
 Actions involving real property where the assessed value
does not exceed P50,000 (in Metro Manila) shall be under F. Actions
the jurisdiction of the Metropolitan Trial Court (exceeding • Actions: ordinarily referred to as “Lawsuit”
50K, Regional Trial Court has jurisdiction) – A judicial proceeding brought by one party against another
– Jurisdiction over the res (thing): acquired by actual or 1) Types of Actions
constructive seizure – Civil Actions
o Ordinary Civil Actions
B. Venue of Actions  A party sues another for the enforcement of a right, or the
• The place where the case is to be heard and tried prevention or redress of a wrong
• In criminal cases, venue of the crime goes into the territorial ▪ e.g. Collection of a sum of money
jurisdiction of the court  Breach of contract where a tenant failed to pay a landlord
– Venue of Criminal Cases: located where the crime is said to have rent on time (2020 trans)
been committed  You cannot file this directly to the Supreme Court, you
– Venue of Civil Case: located in the residence of plaintiff or must file in the lower courts
defendant at the option of the plaintiff o Special Civil Actions
• Example: A crime committed in ASMPH is to be heard in the courts  Ordinary civil action rules + subject to specific/special rule
of Pasig because the territorial jurisdiction is w/in the Courts of Pasig  e.g. Foreclosure (When a person is unable to pay for a loan
1) Venue of Real Actions secured by a property)
– Proper court which has jurisdiction over the area wherein the ▪ E.g. real estate mortgage → The Creditor may foreclose
real property, or a portion thereof, is situated the property to pay for the outstanding loan
o Real actions: involves real estate or an interest therein – Criminal Actions
2) Venue of Personal Actions → Either in the: o The State prosecutes a person for an act punishable by law
– Residence of the plaintiff or any of the principal plaintiff  Pertain to a wrong a person has committed against the
– Residence of the defendant or any of the principal defendants State
– Place where non-resident defendant may be found o The Complainant must first file a case under the Office of the
– NOTE: Choice of venue is with the plaintiff Prosecutor, who then files the case in court
o Personal actions are actions relating to: o The Complainant does not go straight to court to file a case,
 Collection of sum of money unlike in civil cases
 Breach of contract o A prosecutor determines whether there is:
 Injuries  A probable cause, OR
 Damages  Reasonable belief that a crime has been committed
 Specific Performance

4
2) Commencement of Actions – Parties in Interest
– Civil Actions: Commences upon filing of a Complaint in Court o Actions must be prosecuted and defended in the name of the
o For additional parties: commenced upon date of filing Real Party in Interest unless otherwise allowed by law
– Criminal Actions: common law does not apply to these cases o Person who stands to be benefited or injured by the
o Generally, by filing the Complaint w/ the proper officer for the judgment in a suit
purpose of conducting the requisite preliminary investigation o Person who is entitled to the avails of the suit
 Plaintiff will file a Complaint at the Prosecutor’s office – Representatives as Parties
o The prosecutor is responsible for: o Person who prosecutes or defends for a beneficiary
 Conduction of the Preliminary Investigation o The name of the beneficiary should be included in the title of
▪ An inquiry or proceeding to determine probable cause the case and shall be deemed the Real Party in Interest
 Determination of Probable Cause  e.g. Parent representing a Child
▪ To determine whether or not there is sufficient ground o A representative may be a:
to engender a well-founded belief that a crime has  Trustee of an express trust
been committed and the accused is probably guilty  Guardian,
thereof, and should be held for trial  Executor or administrator,
▪ If a reasonable, prudent man would believe that  Party authorized by law or the Rules of Civil Procedure
something has happened – Necessary Party
o The Prosecutor will either: o A party who must be joined in a suit in order to accord
 File an Information in Court (if there is Probable Cause), complete relief to those already parties to a suit
OR – Class Suit
 Dismisses the Complaint o An action brought by a large number of individuals with the
▪ Double jeopardy does not apply if the prosecutor same interest
dismisses a case → only applies when a case is decided o The court allows this suit to prosecuted or defended by
by the court representatives of a class
• Double jeopardy – once a criminal case is decided o "When the subject matter of the controversy is one of
against you, it cannot be filed again common or general interest to many persons so numerous
3) Civil vs. Criminal Actions that it is impracticable to join all as parties, a number of them
Civil Actions Criminal Actions which the court finds to be sufficiently numerous and
representative as to fully protect the interest of all concerned
A party sues another for the
State prosecutes (sues) a may sue or defend for the benefit of all"
protection or enforcement of a
person for an act or omission – Indigent Party
right, or the prevention or
punishable by law o One who has no means to prosecute or defend a suit
redress of a wrong
o One who has no money or property sufficient and available
Commenced by a complaint or
Commenced by filing a for food, shelter and basic necessities for himself and his
information filed by the fiscal
complaint or a petition family
or prosecutor
o May sue as an indigent (proof required)
Brought in the name of the
o May defend himself through a Public Attorney
Brought in the name of the real State; Private Complainant is a
2) Parties to Criminal Actions
party in interest mere witness of the State
– The State
• e.g. Dr. Y vs Jane doe • e.g. People of the
o Action is brought in the name of the State
Philippines vs Dr. Z
 State is always a part of a criminal case
Case will be settled by Fines, o Criminal actions are an offense against the state
Case will be settled by Money
jail and forfeitures – The Victim or The Plaintiff
G. Cause of Action vs. Right of Action o Merely a witness of the State
1) Cause of Action: formal statement of the operative facts that gives o May have been injured or suffered a financial loss due to the
rise to remedial rights → governed by the laws of procedure actions of the offender
– Acts or omission by which a party violates the right of another – The Accused or The Defendant
– Examples: o The one charged with the offense
o Omission: Non-payment of medical fess
o Act: Shouting at a patient
– Requisites:
o Plaintiff’s primary right + defendant’s primary duty
o Delict or wrongful act or omission by the defendant which
violates the Plaintiff’s primary right
2) Right of Action: remedial right → governed by substantive law
– The right to commence and maintain an action
– The right of action springs from the cause of action
H. Parties to Civil and Criminal Actions
1) Parties to Civil Actions
– Plaintiff
o Plaintiff (Complainant)
o A person who brings an action in court
o A person whose right has been injured by another
o In a civil suit, he or she can bring the claim to court
o In a criminal suit, he or she is only considered a witness
 The Plaintiff has the burden of proof in a criminal action
▪ Must provide evidence beyond reasonable doubt
– Defendant
o A person against whom an action is brought
o A person who injures the right of another
o Can file a demurrer if the Plaintiff's evidence is weak
o Presumed innocent until proven guilty

5
 Session 4 – Medical Education 2) Other Requirements
– Additional Requirement under Section 7 of the Medical Act of
I. MEDICAL EDUCATION SYSTEM IN THE PHILIPPINES 1959 → Any student to its first year class who has not been
A. Commission on Higher Education (CHED) convicted by any court of competent jurisdiction of any offense
• Established by Republic Act 7722 (RA 7722) involving moral turpitude
• Governing body for both public and private higher education – May Medical Schools Add to the Minimum Requirements for
institutions as well as degree-granting tertiary educational Admission Required by Law?
institutions o Yes. According to the Medical Act of 1959, Section 7.
– Regulatory authority that regulates the current activities and Admission Requirements, the act does not inhibit any medical
everything related to medical school (authorizes those who can college from establishing other entrance requirements that
offer medical education as well as their oversees their curricula) may be deemed admissible, in addition to the minimum
• Mandate: requirements
– Promote quality education  Includes “panel interviews”, psychiatric clearance and the
– Ensure that education is accessible like
– Ensure and protect academic freedom  Exception: HIV tests cannot be required as a condition for
• What is the Role of CHED in Medical Education? admission to a medical school since there is a law that
– CHED has regulatory authority over medical education prevents this due to the confidentiality issue which comes
– Authorizes higher education institutions to operate medical with it
education programs
– All circular programs in medical education must have proper E. National Medical Admission Test (NMAT)
authorization from CHED before it can be offered in medical • A prerequisite for admission to medical schools or colleges
institutions • Became a requirement beginning S.Y. 1986-1987 pursuant to MECS
o Includes qualifications for students and faculty and how they Order No. 52, s. 1985
rate their students. It has freedom, but it is regulated. 1) State’s Right to Regulate
– NMAT is the expression of the state’s police power to regulate
B. Medical Colleges those who may be admitted to medical education institutions
• Classification of Medical Colleges – Developed and administered by the Center for Educational
– Private School Non-Sectarian (PN) Measurement, Inc. (CEM) as authorized by the Commission on
o St. Luke’s College of Medicine Higher Education (CHED)
– Private School Sectarian (PS) 2) “Three Flunk Rule”
o University of Sto. Tomas Faculty of Medicine and Surgery – DECS vs. San Diego (1989)
o Ateneo School of Medicine and Public Health o Can you take the NMAT as many times as you please?
– Government School (GS)  NO. A student shall be allowed only 3 chances to take the
o University of the Philippines (Manila) NMAT. After 3 successive failures, a student shall not be
allowed to take the NMAT for the fourth time
C. The Association of Philippine Medical Colleges (APMC)
o Does this rule violate the equal protection clause provided by
• An organization of medical colleges and schools in the Philippines
the constitution?
• Aims to ensure that member colleges offer quality medical
 NO. There is a substantial distinction that exists between
education
medical students and other students who are not
• Administers Medical Intern-Hospital Matching Programs subjected to the NMAT and the three-flunk rule.
1) Purpose
 What the equal protection requires is equality among
– Advocates social responsiveness and global competitiveness in equals → There would be unequal protection if some med
health development, collaborating with stakeholders applicants who have passed the tests are admitted and
2) Functions
others who have also qualified are denied entrance
– To strengthen the medical education curriculum by providing
periodic, applicable and relevant innovative updates
– To assist CHED as it shifts to outcome-based education
– To assist applicants for new MD programs (in the CHED pipeline)
– To assist poorly performing schools
D. Medical College Admission Requirements
1) Current minimum requirements to be admitted to a medical college
– Bachelor’s degree in Science or Arts (BS or AB)
– National Medical Admission Test (NMAT)
o Score must be above the percentile cut-off set by the medical
college
– Certificate of Eligibility (Issued by a University or College)
o Requirements before the certificate of eligibility is issued
 Birth Certificate
 Certificate of Good Moral Character (from 2 college
professors)
 Official Transcript of Records (TOR) showing completion
of a degree course
▪ Private school graduates – TOR validated by special
order of CHED
▪ Public school graduates – TOR diploma or certification
of completion must be presented
 Certified true copy of NMAT score
– Transfer students
o Certificate of honorable dismissal from previous school
o Final 2 academic years must be completed in the school that
will issue the medical degree

6
 F. Medical School Curriculum H. Medical Education Qualification/Credentials Awarded
1) Requirements • Doctor of Medicine (M.D.) – medical degree awarded to graduates
– Two types: of Philippine medical schools
o Type 1: MD degree awarded prior to internship • Note: Doctor of Osteopathy – not given in the Philippines unlike in
o Type 2: MD degree awarded after internship the United States
Timeline of Medical School in the Philippines I. Medical Internship
Type 1 Type 2 • Training in a hospital by a recent graduate of medical school
4 years 5 years • A requirement before taking the PLE
4th year is clerkship 4th year is clerkship – RA No. 5946 Sec. 9 (6) of the Medical Act of 1959 (as amended)
MD Degree is awarded 5th year is internship o “He must have completed a calendar year of technical
Internship MD Degree is awarded training known as internship the nature of which shall be
prescribed by the Board of Medical Education undertaken in
• The Medical Curriculum includes the following disciplines: hospitals and health centers approved by the board”
– Human Anatomy (including Gross and Microscopic Anatomy and
Developmental Anatomy)
– Anesthesiology (including Pain Management)
– Biochemistry, Molecular Biology, Genetics and Nutrition
– Legal and Forensic Medicine, Health Economics and Bioethics
– Internal Medicine
– Microbiology, Parasitology and Immunology
– Neurosciences (basic and clinical)
– Obstetrics-Gynecology (including Women's Health)
– Ophthalmology and Otorhinolaryngology
– Pathology (Clinical and Anatomic)
– Pediatrics (including Child Protection)
– Pharmacology and Therapeutics (including Alternative Medicine)
– Physical Medicine and Rehabilitation
– Human Physiology
– Family and Community Medicine (including Preventive Medicine)
– Behavioral Medicine (Psychiatry)
– Radiological Sciences (including Imaging Modalities)
– Surgery
– Research and Clinical Epidemiology
G. Clinical Clerkship
1) Requirements/Instructional Standards for Clinical Training
– Complete 12-month rotating clinical clerkship undertaken
mainly at a base hospital with Level III DOH classification with
accredited residency training programs in medicine, surgery,
pediatrics and OB-GYN
o Should be at least 2080 hospital hours
– Training must be implemented in a training hospital with a
minimum capacity of 100 beds
– Functional clinical departments in:
1) Internal Medicine
2) Pediatrics
3) OB-GYN
4) Surgery
– Note: Should have at least 1 full time board-certified faculty for
every 100 students in each of the 4 clinical departments
– OB-GYN: At least 10 maternity cases followed to delivery by
each clerk
o Clerk should be in actual charge of maternity case under the
supervision of clinical preceptor
– Clinical Materials
o Outpatient services load of 50 patients per day
o Inpatient load of at least 1 occupied hospital bed per clerk
– Maximum teacher-student ratio
o Lectures: 1:100
o Lab sessions: 1:25
o SGD: 1:15
– Maximum Problem-based Learning facilitator-student ratio
o 1:10
– Extension services in community medicine

7
 Session 5 – Physician Licensure Exam and Post Graduate  Performance of or aiding in any criminal abortion
Medical Training and Medical Specialties  Knowingly issuing any false medical certificate
 Issuing any statement or spreading any news or rumor
I. PHYSICIAN LICENSURE which is derogatory to the character and reputation of
A. Professional Regulation Commission (PRC) another physician without justifiable motive
1) Creation: Created by Presidential Decree No. 223 (PD 223)  Aiding or acting as a dummy of an unqualified or
– Attached to the Office of the President unregistered person to practice medicine
– Composition: 1 Chairperson and 2 Commissioners  Violation of any provision of the Code of Ethics as
o Exercises the power and functions of the commission as a approved by the Philippine Medical Association
collegial body and not individually o NOTE: Under Sec. 24, Medical Act of 1959, Refusal of a
– Primary purpose: General supervision & regulation of all physician to attend a patient in danger of death is not a
professions requiring examinations which include the practice of sufficient ground for revocation or suspension of his
medicine registration certificate if there is a risk to the physician’s life.
2) Functions
– Regulation and supervision of the practice of a profession → C. Physician Licensure Candidate
Through 43 regulatory boards including the board of medicine 1) Qualifications
– In charge of the PLE via its Board of Medicine – General Qualifications (Sec. 9 of RA 2392/Medical Act of 1959)
– Quasi-Judicial o Citizen of the Philippines or a citizen of any foreign country
o Acts like a court in deciding administrative cases who has submitted competent and conclusive documentary
 Investigates erring examinee as well as present/practicing evidence, confirmed by the Department of Foreign Affairs
and future medical professionals (DFA), showing that his country’s existing laws permit citizens
o Decisions have the force and effect of court decisions (RTC) of the Philippines to practice medicine under the same rules
o Decisions become final and executory after period of appeal and regulations governing citizens thereof
(15 days) o Good moral character
– Quasi-Legislative o Sound mind
o Formulates rules and regulations on professional regulation o Not convicted by a court of competent jurisdiction of any
o When published rules and regulations have the effect and offense involving moral turpitude
force of law  A crime that indicates a person’s poor moral (e.g. murder)
– Executive  It has to be a conviction → If you get a conviction in the
o Administers, implements, and enforces the regulatory policies lower court but it is appealed within 15 days, the
of the government, including maintenance of professional conviction is not final and you can still apply
and occupational standard and ethics o Medical degree holder: Doctor of Medicine or its equivalents
o Enforces rules and regulations (in relation to the functions o Completed a calendar year of technical training/internship
mentioned above) o Note: NO minimum age limit to take the PLE!
– For citizen of a Foreign Country Applying for PLE
B. Board of Medicine o Present the following additional documents together with the
1) Creation: Created by Public Act No. 310 application:
– Under the supervision of the PRC  Rule of Reciprocity: Conclusive documentary evidence
– Composition: 6 total members → Chairman (Elected amongst confirmed by the DFA that country or origins’s existing
the 6 members) + Five members of the Board laws permit citizens of the Philippines to practice medicine
o Hold their position for 3 years ▪ E.g. The foreign law itself duly translated, if necessary
o President appoints from a list of 12 names submitted by the o Resolution by the board of Medicine and PRC allowing
Executive Council of the Philippine Medical Association, after applicant to take the PLE
due consultation with other medical associations. o Foreign citizen must pass the PLE given by the Board of
2) Functions Medicine
– Enforce the Medical Act – For Former Filipino Citizen or Dual Citizen (i.e. Filipino and
– Examine and register applicants of the Philippine Licensure Exam Another Citizenship) Applying for the PLE
– Promulgate rules & regulations for proper practice of medicine o Present any of the following additional documents with the
– Administer oath to physicians who qualify application:
– Maintain a high technical, efficient, ethical, moral, and  Current Philippine passport
professional standard for the practice of medicine  Identification certificate recognizing him as a Philippine
– Investigate violations of the medical laws and rules and citizen (from the Bureau of Immigration or Philippine
regulations promulgated by the Board Consulate)
– Discipline medical practitioners  Oath of Allegiance to the Philippines (from the Bureau of
o Power to suspend, revoke, or reissue Certificate of Immigration and Deportation or Philippine Consulate)
Registration for causes provided by law or by the rules and • Board of Medicine vs. Ota (2008)
regulations promulgated by the Board – Are foreign citizens allowed to take the Philippine Physicians
o Sec. 24, Medical Act of 1959 → Grounds for Reprimand, Licensure Exam?
Revocation, and Suspension o Yes, as long as they comply to the Rule of Reciprocity
 Conviction by a court of competent jurisdiction of any  Not necessary to for a foreign applicant to show that the
criminal offense involving moral turpitude conditions for the practice of medicine in said country are
 Immoral or dishonorable conduct practical and attainable by Filipinos
 Insanity  Nor is it necessary to first prove that a Filipino has been
 Fraud in the acquisition of the certificate of registration granted license and allowed to practice his profession in
 Gross negligence, ignorance or incompetence in the the foreign country before a license is given to a foreign
practice of his or her profession resulting in an injury to or applicant
death of the patient – If the foreign national passes the PLE, can he/she practice in the
 Addiction to alcoholic beverages or to any habit forming Philippines?
drug rendering him or her incompetent to practice his or o Yes, provided that the foreign national satisfied the
her profession, or to any form of gambling requirements for the grant of the physician’s license, the
 False or extravagant or unethical advertisements wherein board “shall” and is obliged to administer the oath and
other things than his name, profession, limitation of register the foreign national as a physician, pursuant to
practice, clinic hours, office and home address, are Section 20 and par. (1) of Section 22 of the Medical Act of
mentioned. 1959.

8
 D. Scope of Examination I. Limited Practice of Medicine without a Certificate of Registration
1) List of Subjects 1) General Rule: A certificate of registration issued by the Board of
– Anatomy and Histology Medicine and PRC is required to practice medicine
– Physiology 2) Exceptions: A special temporary permit may be issued by the Board
– Biochemistry of Medicine and PRC to allow the practice of medicine
– Microbiology and Parasitology – May be given to the following:
– Pharmacology and Therapeutics o Foreign consultants or members of international bodies (e.g.
– Pathology WHO, Doctors without Borders) assigned work in the
– Medicine Philippines
– Obstetrics-Gynecology  Limited to a specific case or assignment
– Pediatrics and Nutrition  Prior authorization from the Board of Medicine and PRC
– Surgery and Ophthalmology, Otolaryngology and Rhinology o Commissioned medical officer of the armed forces of the US
– Preventive Medicine and Public Health stationed in the Philippines
– Legal Medicine, Ethics, and Medical Jurisprudence  Medical service to the members of the US armed forces
 Limited within its territorial jurisdiction
E. Licensure Exam
▪ Think of foreign military bases (the defunct US Subic
1) Passing Grade: 75% average w/ no grade lower than 50% in any subject
Naval base or Clark Air base which was previously
2) Passing Rate: 71.58% average from 1992 to 2002
operated by US)
3) 3rd Flunk Rule
▪ This provision is kinda useless now since the 1987
– 3rd Flunk requires 1-year refresher course at a recognized medical
constitution doesn’t allow any foreign military bases
college or school
anymore in the country
F. Oath Taking and Conferment Ceremonies o Foreign physicians as exchange professors whose services are
1) 2 oaths are taken before an administering body necessary
– Hippocratic Oath: One of the oldest binding documents in  Specialized branch of medicine or surgery
history, the Oath written by Hippocrates is still held sacred by  Previous authorization from Board of Medicine and PRC
physicians: to treat the ill to the best of one's ability, to preserve o Foreign physicians who are engaged in humanitarian missions
a patient's privacy, to teach the secrets of medicine to the next for a limited amount of time
generation, and so on o Medical students, graduates of medicine, nurses authorized
– Administrative Oath: oath of professionalism by the Secretary of Health
2) After oath-taking, one needs to sign in on the Roster of Registered  Time of epidemic or natural emergencies
Professionals  Services of duly registered physician is not available
3) Conferment Ceremonies  Special authorization by the Secretary of Health
– Degree ceremony for those who have completed their doctoral ▪ Special and limited authorization cease when epidemic
degree, with them formally receiving the insignia associated with or natural emergency is declared terminated by the
the doctoral status: the hat, the robe and the diploma Secretary of Health
▪ Note:
G. Certificate of Registration
• The law does not specifically provide that a
• Entitles a Physician to Practice Medicine declaration of an epidemic or natural emergency is
• License to practice medicine necessary before the special/limited authorization
– Not the same as the professional ID Card may be given
• When a Physician Licensure Examinee passes, it is a ministerial act – It only lays down the conditions of when such
for the PRC to issue a Certificate of Registration special/limited authority ceases/terminates)
– Unless certain administrative requirements have not been met • However, one cannot circumvent the fact the you
– A ministerial act or duty is a function performed without the use still need to procure a special temporary permit
of judgement by the person performing the act or duty before you engage in the limited practice of law
H. Grounds for Refusal to Issue Certificate of Registration under this circumstance.
• No Certificate of Registration shall be issued to any candidate (Sec.
20, Medical Act of 1959 as amended):
– Who has been convicted by court of competent jurisdiction of
any criminal offense involving moral turpitude
– Who has been found guilty or immoral of dishonorable conduct
after investigation by the Board of Medicine
– Who has been declared to be of unsound mind
• No certificate of Registration shall be issued to a successful PLE
Examinee below 21 years old
– Candidate below 21 years old may take the PLE but will not be
issued a Certificate of Registration
1) PRC vs. De Guzman (2004)
– Is passing the PLE a guarantee that a passer will be issued a
Certificate of Registration?
o No, the Grounds for Refusal to Issue Certificate of
Registration are provided in Sec. 20, Medical Act of 1959)
– Is PRC compelled to issue a Certificate of Registration for PLE
passers?
o No, the Board is only obliged to issue a Certificate of
Registration when the examinee possesses all the
qualifications, possesses none of the disqualifications, and
appears to fully comply with all the conditions implied by the
law and licensing authority.
o As seen in the case of PRC vs. De Guzman, PRC can file a case
to not issue a Certificate of Registration.

9
 II. POST GRADUATE MEDICAL TRAINING AND MEDICAL SPECIALTIES o Are consultants never considered hospital employees?
A. Types of Medical Practitioners  NO. Consultants may be held as employees of the hospital
1) General Medical Practitioners: 4 years pre-med + 4 years med as long as the relationship between the hospital and the
proper + 1 year internship + board passer + certificate of registration consultants fulfill the four-fold test which establishes an
2) Medical Specialists employee-employer relationship between them as
– Resident Physician in Training: physician who is undergoing 3 prescribed by the labor code.
years of specialty training under supervision in order to become  In this case, if the consultants were able to prove to the
a medical specialist court and establish this relationship, then the hospital may
– Resident Physician: A general practitioner or specialist hired by be held liable for their actions as its employees.
a hospital to serve the hospital for certain hours in a day  However, that was not the case
– Diplomate: Specialty Board certified in a medical specialty and o Which doctrine did the Supreme Court apply and use to hold
met all the requirements of such Board the surgeon liable for damages?
– Fellowship Training and subspecialists: Training in a subspecialty  Captain of the ship doctrine → under this doctrine, a
– Fellow: Completed subspecialty training surgeon is likened to a captain of the ship, in that it is his
3) Consultants vs. Resident Physicians duty to control everything going on in the operating room.
– Consultants: Loosely used by hospitals to distinguish their o Is an Intern an employee of the hospital?
attending and visiting physicians from the resident physicians  According to the Department of Labor and Employment
o NOT an employee of the hospital according to the employer- Order Number 182, interns are of differently classified
employee test from health personnel, and are not to be considered
– Vicarious Liability: A hospital can only be held liable if the person employees of a hospital
accused of malpractice is an employee of the hospital
o Covers residents but not consultants
– Ramos vs. De Los Santos Medical Center (2002)
o Is a consultant always considered an employee of the
Hospital?
 NO. Employer-employee relationship is determined
through a four-fold test, where all four elements must be
present:
▪ Selection and engagement of services
• Not present in this case since a hospital does not hire
or engage the services of a consultant
• Rather, it accredits the latter and grants him or her
the privilege of maintaining a clinic and/or admitting
patients in the hospital upon showing by the
consultant that he or she possesses the necessary
qualifications:
– Accreditation by the appropriate board
(diplomate)
– Evidence of fellowship
– References
▪ Payment of wages
• Also nonexistent since it is not the hospital but the
patient who pays the consultant’s fee for services
rendered by the latter.
▪ Power to hire and fire
• Absent since a hospital does not dismiss a
consultant; instead, the latter may lose his or her
accreditation or privileges granted by the hospital
▪ Power to control not only the end to be achieve, but
the means to be used in reaching the end
• Not present since when a doctor refers a patient for
admission in a hospital, it is the doctor who
prescribes the treatment to be given to said patient
– The hospital’s obligation is limited to providing:
o The patient with the preferred room
accommodation
o The nutritional diet and medications
prescribed by the doctor
o The equipment and facilities necessary for the
treatment of the patient,
o The services of the hospital staff who perform
the ministerial tasks of ensuring that the
doctor’s orders are carried out strictly.
 Due to these reasons, an employer-employee relationship
does not exists between DLSMC and Dr. Hosaka and Dr.
Gutierrez, hence only the consultants where held liable for
the injuries sought to be compensated.

10
 Session 6 – Practice of Medicine o Advertised himself and offered services as a physician
 A defendant who is not a duly licensed physician, and gives
I. ACTS CONSTITUTING THE PRACTICE OF MEDICINE (SEC. 10, medical assistance and treatment to a certain person and
MEDICAL ACT OF 1959 AS AMENDED) advertised himself and offered services as a physician by
• THE PRACTICE OF MEDICINE means of cards and letterheads and advertisements is
– Practice of Medicine is a privilege granted by the state to a guilty of illegal practice
person to perform medical acts upon compliance with the law
– Practice of Medicine is defined by Section 10 of the Medical Act C. ACT. 3 (Par. 3, Sec. 10)
of 1959 as amended “Medical Act” • A person shall be considered as engaged in the Practice of Medicine
• Acts that constitute the Practice of Medicine are defined by Section if he/she:
10 of the Medical Act → A person shall be considered as engaged – Falsely uses the title M.D. after his name without the proper
in the Practice of Medicine if he/she: certification of registration from the Board of Medicine and can
– Act 1: Diagnose, Treat, Operate, Prescribe any Remedy be a subject for illegal practice of medicine
– Act 2: Advertises (by any means) either to offer or undertake by • “Could you use M.D. after your name even if you’re not licensed
any means or methods to diagnose, treat, operate or prescribe yet?” → Yes, you can use M.D. after the last name because you
any remedy passed the degree awarded by the school
– Act 3: A person who shall falsely use the title M.D. after his name – But you cannot practice any act stated in Section 10
o You cannot practice unless you are licensed
A. ACT 1: COMPENSATION (Par. 1, Sec. 10) – What the Board of Medicine gives you is a certificate of
• A person shall be considered as engaged in the Practice of Medicine registration → You can do anything (e.g. start a health-related
if he/she: business) provided you do not do any act stated in Sec. 10
– Physically examines a person and diagnose, treat, operate; and • Exception: A person with a doctorate degree (Doctor of Philosophy
prescribe any remedy or Ph.D.) may use the letters “Dr.” to refer to one’s self as a “doctor”
• Provided that the following acts are performed, the following in his field, not related to medicine or health provided that the type
conditions do not affect the act as to be the practice of medicine: of doctorate is specified
– Whether or not the act was done with or without compensation;
– Regardless of the nature and remedy or treatment administered D. Exemptions: Acts of Diagnosis and Treatment but not the Practice
• Definition of Terms of Medicine (Sec. 11, Medical Act of 1959 as amended)
– Diagnosis: A mental process whereby one appraises a situation • Acts of diagnosis and treatment not considered within the purview
and decides based on their judgement, that may or may not lead of Section 10 of the Medical Act
to action – Therefore, not considered to constitute the practice of medicine
– Treatment: All steps to effect a cure of an injury or disease – Exempted individuals may diagnose and treat patients, but their
o It includes examination and diagnosis as well as application of acts do not constitute the practice of medicine
remedies 1) Medical Students: Duly enrolled in an approved medical
– Operation: Act or succession of acts performed upon the body of college or school, or graduate under training
the patient for his relief or restoration, either by manipulation or  Serving without any professional fee in any government
the use of surgical instruments or both or private hospital
– Prescription: A direction of a remedy or remedies for a disease  Provided he renders such service under direct supervision
and the manner of using the remedy or remedies to cure the and control of a registered physician, otherwise the act is
disease illegal
o To prescribe means to direct, designate, and use a remedy ▪ A medical student who is “moonlighting” without a
• Jurisprudence: certificate of registration does not fall under this
– People vs Quebral exemption
o The accused was charged with illegal practice of medicine 2) Allied Health Professionals with their own Regulatory Laws
because he had received monetary compensation from and Licensure Exams, provided, they do not encroach the
patients without proper certificate of registration functions of a physician
– People vs Hatani  Legally Registered Dentist: Engaged exclusively in the
o The accused, Hatani, was charged with illegal practice of practice of dentistry
medicine in violation of RA.2382  Duly Registered Masseur or Physiotherapist
o Hatani alleged that there was no proof of payment, however, ▪ Provided he applies massage or other physical means
the law specifically punishes acts of medicine whether or not upon written order or prescription of a duly registered
done for a fee physician and application of massage or physical means
o Overwhelming evidence included positive testimony, medico- shall be limited to physical or muscular development
legal reports, the Handwriting Identification Report,  Duly Registered Optometrist
photographs showing assorted drugs and medical equipment, ▪ Mechanically fits or sells lenses, artificial eyes, limbs, or
and chemistry reports other similar appliances
▪ Engaged in the mechanical examination of eyes for the
B. ACT. 2 (Par. 2, Sec. 10) purpose of constructing or adjusting eyeglasses,
• A person shall be considered as engaged in the Practice of Medicine spectacles, and lenses
if he/she:  Good Samaritan: renders any service gratuitously in cases
– By means of signs, cards, advertisements, written or printed of emergency or in places where the services of a duly
matter, or through the radio, television, or any other means of registered physician, nurse, or midwife are not available
communication, either offer or undertake by any means of  Any person who administers or recommends household
method to diagnose, treat, operate, or prescribe any remedy for remedies (over the counter drugs and not prescription
any human disease, injury, deformity, physical, mental, or drugs)
physical condition  Clinical Psychologist or Mental Hygienist: In the
• Jurisprudence performance of his duties in regard to patients with
– People vs. Buenviaje psychiatric problems provided that such performance is
o License to practice drugless healing cannot be implied done in under the prescription or direct supervision of a
 Drugless healing is a practice of medicine duly registered physician
 Cannot be implied from the mere fact that government  Prosthetists who fit artificial limbs under the supervision
had permitted appellant to serve free in sanitarium or that of a duly registered physician
countless people persisted in engaging his services

11
• Allied Health Professionals (list of who’s exempted) II. ILLEGAL PRACTICE OF MEDICINE
– Physical Therapists A. Illegal Practice of Medicine: if engaged in any act comprising the
– Professional nurses or practical nurses practice of medicine (Sec.10) (unless exempted acts {Sec. 11}) without:
– Medical Technologists 1) Proper License and
– Psychologists 2) Certificate of Registration
– Dentists • Who are qualified to practice medicine in the Philippines?
– Optometrists – Those who have complied with the prerequisites to practice
– Pharmacists medicine in accordance with the Medical Act
– Oral Hygienists o Section 8: “No person shall engage in the practice of medicine
– Veterinarians in the Philippines unless he is at least 21 years of age, has
– Midwives satisfactorily passed the corresponding board examination,
– Nurse Aides and is a holder of a valid certificate of registration duly issued
– Any other allied health worker with their own licensure and to him by the board of medical examiners.”
regulatory laws • Who are considered to be engaged in the illegal practice of
• Dispensing Over-The-Counter Drugs medicine?
– Any person who administers or recommends any household – Those who perform acts enumerated in Section 10 of the
remedy as per classification of existing Pharmacy Laws Medical Act without falling in any of the exempted acts
o These are not prescription drugs, only over-the-counter drugs enumerated in Section 11, and does not have the proper
– E.g., You prescribe an over-the-counter drug to your aunt after License/Certificate of Registration to practice medicine in the
she asks you what drugs would help with her headache Philippines from the Medical Board and PRC
o Are you practicing medicine? Yes.
B. Penalties for Illegal Practice of Medicine
o Are you illegally practicing medicine? No, you are exempted
since you only prescribed over-the-counter medication. • Section 28: Penalties/Fines
1) Fine of 1,000 ≤ 10,000 with subsidiary imprisonment (in case
– If a person is dispensing prescription drugs, he could be
administratively liable for illegal practice of medicine insolvent), OR
2) Imprisonment of 1 year ≤ 5 years, OR
• Traditional Medicine (TAMA of 1997)
3) Both (at the discretion of the Court)
– Traditional Medicine is impliedly exempted
o Traditional medicine is defined as the sum total of • Section 29: Injunction
knowledge, skills and practice on healthcare, not necessarily – The board of medicine may file an action to enjoin any person
explicable in the context of modern, scientific philosophical illegally practicing medicine from the performance of any act
framework, but recognized by the people to help maintain constituting practice of medicine if the case so warrants until the
and improve their health towards the wholeness of their necessary certificate is secured.
being, the community and society, and their interrelations (in o If a person enjoined continues to such illegal practice of
the community) based on culture, history, heritage and medicine, he/she may be held liable for contempt of court.
consciousness – The said injunction shall not relieve the person practicing
– Exception in TAMA of 1997 does not include acts constituting the medicine without a certificate of registration from criminal
practice of medicine prosecution and punishment as provided in section 28.
• Faith Healing/Healing by Spiritual Means in line with the tenets of C. Illegal Practice of Medicine vs. Medical Negligence
any church or religious denomination by a duly accredited • Illegal Practice of Medicine: Performs acts which constitute the
practitioner thereof (Constitutional Recognition of Religious practice of medicine without falling in any of the exempted acts
Freedom) and does not have a license and certificate of registration
– There is nothing in the Medical Act exempting faith healing from • Medical Negligence: Authorized to practice medicine but does not
the definition of acts constituting the practice of medicine exercise the standard of care required
o However, there is a constitutional guarantee to religious
freedom
 Article III, Section 5: "No law shall be made respecting an
establishment of religion or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious
profession and worship without discrimination or
preference shall forever be allowed."
o If a person acted in pursuance of his religious beliefs and the
act is pursuant to the tenets of the church he professes, then
his act is not deemed to be a practice of medicine but the
exercise of his religious freedom
o If the act is deceitful and not in accordance with the
principles of the church, then the act of diagnosis and
treatment becomes illegal
– Exceptions → A person engaged in the practice of healing by
spiritual means shall not:
o Perform surgical operations
o Prescribe any medication
 Nor shall any pharmacist or pharmacy honor any
prescription drawn by such a person
o If they do, they could be guilty of illegal practice of medicine
• Corporations of Juridical Persons: Not part of the exemption
– A corporation cannot practice medicine, only a natural person
who went through medical school, earned a degree, passed the
medical licensure examination, and was issued a certificate of
registration, can practice medicine.

12