You are on page 1of 2

Page 1 of 2

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 "
Page 2 of 2

9. knowingly issuing any false medical


certificate"
10. issuing any statement or spreading any
news or rumor which is derogatory to the
character and reputation of another
physician"
11. aiding or acting as a dummy"
12. violation of any provision of the Code of
Ethics"
"
* 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"
"
Steps:"
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
powers"
* Administrative complaints against physicians
should be file before the Board of Medicine"
"
next meeting: continue with medical act