Legal medicine - Determination of civil

personality (art. 40-41)

 Branch of law which deals with - Limitation of a person’s
application of medical capacity to act
knowledge to the purposes of law - Marriage and legal separation
and in the administration of - Paternity and filiation
justice. It is the application of - Testamentary capacity to
basic and clinical, medical, and make a will
paramedical sciences to elucidate Legal provisions affecting medical
legal matters. practice
Under the 1987 Constitution:
Forensic medicine Sec. 15, art. II states that:
 Application of medical science to The State shall protect and
elucidate legal problems. promote the right to health of the people
and instill health consciousness among
Medical jurisprudence them.
 Concerns with the study of the
rights, duties and obligations of Sec. 14, Art. XII states that:
medical practitioner with The sustained development of a
particular reference to those reservoir of national talents consisting of
arising from doctor-patient Filipino scientists, entrepreneurs,
relationship. professional, managers, high-level
Stare decisis technical manpower and skilled workers
 When the court has once laid and craftsmen in all fields shall be
down a principle of law or promoted by the State. The State shall
interpretation as applied to a encourage appropriate technology and
certain state of facts, it will regulate its transfer for the national
adhere to and apply to all future benefit.
cases where the facts are
substantially same. Se. 11, Art. XIII states that:
Medical evidence The State shall adopt an
Types: integrated and comprehensive approach
 Autoptic or real to health development which shall
Limitation: endeavor to make essential goods,
- Indecency and impropriety health and other social services available
- Repulsive objects and those to all the people at affordable cost. There
offensive to sensibilities shall be priority for the needs of the
 Testimonial underprivileged sick, elderly, disabled,
 Experimental women, and children. The State shall
endeavor to provide free medical care to
 Documentary
paupers.
 Physical
Branches of law when legal medicine
RA 2382 (The Medical Act)
may apply
What constitutes practice of medicine?
 - Sec. 10 states that a person
shall be considered as
engaged in the practice of
medicine (a) who shall, for
compensation, fee, salary or
reward in any form, paid to
him directly or through
another, or even without the
same, physical examine any
person, and diagnose, treat,
operate or prescribe any
remedy for any human
disease, injury, deformity,
physical, mental or physical
condition or any ailment, real
or imaginary, regardless of
the nature of the remedy or
treatment administered,
prescribed or recommended;
or (b) who shall, by means of
signs, cards, advertisements,
written or printed matter, or
through the radio, television
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; or (c) who shall use
the title M.D. after his name.
People v Buenviaje
- Assuming that chiropractic
does not fall within the term
“practice of medicine” in its
ordinary acceptation, the
statutory definition is stated
in sec. 770 of the
administrative code and
which clearly includes the
manipulations employed in
chiropractic.
People v Vda. De Golez
- The order of the dismissal is
erroneous because the crime
of illegal practice of medicine
is a statutory offense wherein
criminal intent is taken for
granted, so that a person may
be convicted thereof
irrespective of his intention
and in spite of his having
good faith and without
malice. In fact, it was defined
under sec. 2678 of the revised
administrative code (the law
then in force), the offense
consists in the mere act of
practicing medicine in
violation of the medical law,
even if no injury to another,
much less death, results from
such malpractice.
Rights of the patients
1. Right to appropriate medical care
and humane treatment
2. Right to informed consent
3. Right to privacy and
confidentiality
4. Right to information
5. Right to choose health care
provider and facility
6. Right to self-determination
7. Right to religious belief
8. Right to medical records
9. Right to leave
10. Right to refuse participation in
medical research
11. Right to correspondence and to
receive visitors
12. Right to express grievances
13. Right to be informed of his rights
and obligations as a patient
Philippine Medical Act of 1959 (RA
2382)
PMA v Board of Medical Examiners
and Torres
- Jose Ma. Torres was granted
authority to practice medicine
in Basilan City, pursuant to
sec. 771(e) of the revised
administrative code.
- The authority to practice has
been revoked multiple times
and has been also restored.
Petitioner addressed the issue
and contended that the Board
violated RA 2882 in granting
respondent’s certificate to
practice medicine in the
Philippines without taking the
examination prescribed in the
said act and the Board, by
passing said resolution,
exceeded its authority.
Respondents answered by
saying that PMA has no cause
of action for the resolution in
queston is sanctioned by the
provisions of the treaty.
- SC ruled that the art. 1 of the
treaty merely extended to
diplomas issued or degrees
conferred by educational
institutions of Spain has the
same recognition and
treatment as that from local
institutions of learning and
that such holders must take
the examination prescribed by
our laws for holders of similar
diplomas or degrees from
educational institutions in the
Philippines.
RA 2382, as amended by RA 4224,
important matters.
Candidates for board examinations,
qualifications.
1. He shall be a citizen of the
Philippines or a citizen of any
foreign country who has
submitted competent and
conclusive documentary
evidence, confirmed by the
Department of Foreign Affairs,
showing that his country’s
existing laws permit citizens of
the Philippines to practice
medicine under the same rules
and regulations governing citizen
thereof;
2. He shall be of good moral
character;
3. He shall be of sound mind;
4. He shall not have been convicted
by a court of competent
jurisdiction of any offense
involving moral turpitude; and
5. He shall be a holder of the degree
of Doctor of Medicine or its
equivalent, conferred by a college
of medicine duly recognized by
the government.
What are the acts that constitute practice
of medicine?
Who shall, for compensation, fee, salary
or reward in any form paid to him
directly or through another, or even
without the same, physically examine
any person, and diagnose, treat, operate
or prescribe any remedy for human
disease, injury, deformity, physical,
mental, psychical condition or any
ailment, real or imaginary, regardless of
the nature of the remedy or treatment
administered, prescribed or
recommended; or
(b) who shall by means of signs, cards,
advertisements, written or printed
matter, or through the radio, television
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 psychical condition; or
(c) who shall falsely use the title of M.D.
after his name.
Exemptions of sec. 10 of re 2382
(a) any medical student duly enrolled in
an approved medical college or school,
or graduate under training, serving
without any professional fee in any
government or private hospital,
provided that he render such service
under the direct supervision and control
of a registered physician;
(b) any legally registered dentist
engaged exclusively in the practice of
dentistry;
(c) any duly registered masseur or
physiotherapist, provided that he
applies massage or other physical
means upon written order or
prescription of a duly registered
physician, or provided that such
application of massage or physical
means shall be limited to physical or
muscular development;
(d) any duly registered optometrist who
mechanically fits or sells lenses, artificial
eyes, limbs or other similar appliances
or who is engaged in the mechanical
examination of eyes for the purpose of
constructing or adjusting eyeglasses,
spectacles and lenses; (e) any person
who renders any service gratuitously in
cases of emergency, or in places where
the services of a duly registered
physician, nurse or midwife are not
available; (f) any person who
administers or recommends any
household remedy as per classification
of existing Pharmacy Laws;
(g) any clinical psychologist, or mental
hygienist, in the performance of his
duties in regard to patients with
psychiatric problems, provided such
performance is done with the
prescription and direct supervision of a
duly registered physician, and
(h) prosthetists who fit artificial limbs
under the supervision of a registered
physician.
Limited practice without any certificate
of registration, who are not required?
(a) Physicians and surgeons from other
countries called in consultation only and
exclusively in specific and definite case,
or those attached to international bodies
or organizations assigned to perform
certain definite work in the Philippines,
provided they shall limit their practice
to the specific work assigned to them
and provided further they shall secure a
previous authorization from the Board
of Medical Examiners. 
(b) Commissioned medical officers of
the United States Armed Forces
stationed in the Philippines while
rendering service as such only for the
members of the said armed forces and
within the limit of their own respective
territorial jurisdiction. 
(c) Foreign physicians employed as
exchange professors in special branches
of medicine or surgery whose service
may, upon previous authorization of the
Board of Medical Examiners, be
necessary. 
(d) Medical students who have
completed the first four years of medical
course, graduates of medicine and
registered nurses who may be given
limited and special authorization by the
Secretary of Health to render services
during epidemics or national
emergencies whenever the services of
duly registered physicians are not
available. Such authorization shall
automatically cease when the epidemic
or national emergency is declared
terminated by the Secretary of Health.
Issuance of certificate, grounds for
refusal to issue a certification of
registration
People v Torralba
 Any candidate who has been
convicted by a court of competent
jurisdiction of any criminal
offense involving moral
turpitude or
 Has been found guilty of
immoral or dishonorable conduct
after the investigation by the
Board of Medical Examiners or
 Has been declared to be of
unsound mind.
Types of evidence (jurisprudence)
Daubert v Merrell dow
- Under the rules for the
standard for admitting expert
scientific testimony, the rules
of evidence must govern over
“general acceptance”.
- The rules place appropriate
limits on the admissibility of
purportedly scientific
evidence by assigning the task
to the judge of ensuring that
an expert’s testimony both
rests on a reliable foundation
and is relevant to the task at
hand.
- “Scientific” implies a
grounding in science’s
methods and procedures,
while “knowledge” connotes
a body of known facts or ideas
inferred from such facts or
accepted as true on good
grounds.
- Under the comprehensive
book on evidence by justice
Francisco, evidence of a
message or a speech by means
of radio broast is admissible
as evidence when the identity
of the speaker is established
either by the testimony of a
witness who saw him broast
his message or speech, or by
the witness’ recognition of the
voice of the speaker. In this
case, even if lim was listening
to the program during that
time and is recorded on that
date by his adopted daughter,
such assertion,
uncorroborated as it was by
any other evidence, failed to
meet the standard that a
witness must be able to
“recognize” the voice of the
speaker”.
 - The court is not amused on As to the 2nd element, the non-
the testimony of private existence of permit was
complainant atty. Hontanosas proven by certification of Sr.
that he did not listen to the inspector Espino of the PNP,
program but relied on the firearms and explosives office
tape recording handed over to that accused is not a licensed
him by lim. firearms holder of any kind
and caliber.
People v camposano
People v yatar
- In case of non-presentation of
firearm for the violation of - DNA evidence obtained
illegal possession of firearms, through PCR testing and
the prosecution has the utilizing str analysis is
burden to prove the relevant since it is based on
following: scientifically valid principles
of human genetics and
o Existence of the firearm molecular biology. DNA print
and or identification technology
has been advanced as a
o The fact that the uniquely means to link a
accused who owned or suspect in a crime or to
possessed it does not exonerate a wrongly accused
have the corresponding suspect.
license or permit to
possess the same. - Incidents involving sexual
assault would leave biological
- In this case, under the 1st evidence such as hair, skin,
element, the existence of the tissue, semen, blood, saliva
firearm can be best etc. DNA evidence is helpful
established by the in proving there was a
presentation of the firearm physical contact between an
owned or possessed by the assailant and a victim.
accused. However, there is no
requirement that the actual - In assessing the probative
firearm itself must be value of dna evidence, the
presented in court. Also. following must be considered:
There were witnesses who
saw the appellant in o How the samples were
possession of the subject collected
firearm and such witnesses
are total strangers to appellant o How they were
and the accused has no false handled
motive to testify against them.
 o The possibility of
contamination of the
samples
o Procedure in analyzing
the samples
o Whether the proper
standards and
procedures followed
and
o Qualification of the
analyst who conducted
the tests.
- In an attempt to exclude dna
evidence, accused states that it
violated his right to remain
silent as well his right to self-
incrimination. However, the
kernel of the right is not
against all compulsion but
against testimonial
compulsion. Such right
against self-incrimination is
simply against the legal
process of extracting from the
lips of the accused an
admission of guilt. It does not
apply wherein the evidence to
be excluded is not an
incrimination but as part of
object evidence. Hence, a
person may be compelled to
submit to fingerprinting,
photographing, praffin, blood
and dna, as there is no
testimonial compulsion
involved.
People v Vallejo
- Circumstantial evidence is
sufficient to sustain a
conviction if:
o There is more than one
circumstance;
o The facts from which
the inferences are
derived are proven and
o The combination of all
circumstances is such
as to produce
conviction beyond
reasonable doubt.
- The purpose of DNA testing
is to ascertain whether an
association exists between the
evidence sample and the
reference sample. When a
crime is committed, material
is collected from the scene of
the crime or from the victim’s
body for the suspect’s DNA.
This is the evidence sample.
The evidence sample is then
matched with the reference
sample taken from the suspect
and the victim.
Herrera v ALBA
- Filiation proceedings are also
filed to secure a legal right
associated with paternity. The
burden of proving paternity
rests on the person who
alleges that the putative father
is the biological father of the
child.
- Filiation can be established by Nuez v Cruz-Apao
record of birth appearing in
the civil registry or final - Electronic evidence shall be
judgment or an admission of proven by the testimony of a
illegitimate filiation in a person who was a party to the
public document or private same or who has personal
handwritten instrument and knowledge thereof…” In this
signed by the parent case, respondent admitted
concerned (art. 172). In the herself that the cellphone
absence of the foregoing, number reflected in
legitimate filiation shall be complainant’s cellphone from
proved by open and which the messages
continuous possession of the originated was hers.
status of a legitimate child or Moreover, any doubt was
by any other means allowed ruled out when she and her
by the Rules of Court and counsel signed and attested to
special laws (par. 2, art. 172). the validity of the texts
- It is not enough to state that between her and the
the childs DNA profile complainant.
matches that of the putative
father. A complete match does
not necessarily establish
paternity. W is a numerical
estimate for the likelihood of
paternity of a putative father
compared to the probability of
a random match of two
unrelated individuals. An
appropriate reference
population database, such as
the Philippine population
database, is required to
compute for W. Due to the
probabilistic nature of
paternity inclusions, W will
never equal to 100%.
However, the accuracy of W
estimates is higher when the
putative father, mother and
child are subjected to DNA
analysis compared to those
conducted between the
putative father and child
alone.