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Legal Medicine! Q: Can the president appoint somebody who is

Atty. Logronio! not in the list submitted by PMA?"
August 23, 2018! A: Yes"
" "
Medical Act of 1959" Q: Is there something wrong for PMA to enact
" code of ethics for physicians?"
* 1959 law" A: Yes, PMA is a private entity"
* amendments made in 1965 and 1969" "
* Illegal practice of medicine is a criminal Q: Why is code of ethics important?"
offense! A: the last ground for liability against doctors is
* Maximum imposed penalty: imprisonment violation of Code of Ethics"
of 5 years! "
* fine of Php 10,000! * Membership in PMA is optional. It is not
" mandatory unlike for lawyers, they are
Q: What is the implication of 5-year required to be a member of IBP"
imprisonment?" "
A: You can avail of probation." Q: What is the implication of optional
" membership?"
Q: What are the two regulatory boards A: PMA will not have control/authority over the
mentioned in the Act?" physician."
A: (1) Board of Medical Education (tasks were "
transferred already to CHED) ; (2) Board of * There was a bill before integrating the
Medical Examiners" physicians."
" * making it mandatory membership"
* any issue pertaining to medical education is "
under the jurisdiction of CHED" Q: Is it ministerial for BOM to administer oath
* if medical education issue/complaint filed for those who passed the exams?"
with PRC, it will be dismissed" A: No. They should pass the exams
* Board of Medical Examiners is no longer SATISFACTORILY!
existing. Powers were transferred to Board "
of Medicine (BOM) under the PRC" Q: What is the legal remedy if not allowed to
" take the oath?"
Q: Powers of BOM?" A: BOM cannot be compelled by mandamus
A: " because it is not ministerial for BOM to
1. prepares medical examinations" administer oath."
2. members appointed by the President of the "
Philippines from a shortlist made by PMA" * Reprimand , Suspend , Revoke COR - BOM
3. Members of BOM - administer oath taking" Jurisdiction"
4. Gatekeepers of the practice" "
5. authority to investigate administrative Q: Grounds for liability of Physicians?
complaints against physicians filed before (memorize)!
PRC" A:"
6. issue subpoenas" 1. conviction by a court of competent
7. contempt powers" jurisdiction of any criminal offense involving
8. authority to decide administrative cases" moral turpitude"
9. reinstate physician " 2. immoral or dishonorable conduct"
" 3. insanity"
Q: What are the obligations of Philippine 4. fraud in the acquisition of COR"
Medical Association (PMA)?" 5. g r o s s n e g l i g e n c e , i g n o r a n c e o r
A:" incompetence"
1. enact the code of ethics for physicians" 6. addiction to alcoholic beverages"
2. submit list of nominees for any vacancy for 7. f a l s e o r e x t r a v a g a n t o r u n e t h i c a l
the position of the Board (to be appointed advertisements"
by the president)" 8. performance of or aiding in any criminal
" abortion "
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9. knowingly issuing any false medical

10. issuing any statement or spreading any
news or rumor which is derogatory to the
character and reputation of another
11. aiding or acting as a dummy"
12. violation of any provision of the Code of
* BOM also has the authority to reinstate a
physician back to practice"
* however, this is only allowed after two (2)
years (from the finality of the decision)"
Q: If license is revoked, what is the legal
remedy for the physician?"
A: "
1. exhaustion of admin remedies - file a
Motion for Reconsideration"
1. BOM"
2. decision of BOM can be reviewed, upheld
or reversed by PRC"
3. CA via rule 43"
4. SC via rule 45"
5. last resort: Rule 65"
* PRC promulgates its own rules"
* they have their own procedure in conducting
an investigation"
* Rules of Court is merely suppletory in PRC"
* it has quasi-legislative and quasi-judicial
* Administrative complaints against physicians
should be file before the Board of Medicine"
next meeting: continue with medical act