Dental Juris

Crimes
- acts of commissions punishable by law will be an offense against person and properties.
- only exist is there is a law punishing it
Crimes or Felonies may be committed or omitted through:
a. Deceit/Dolo (Intentional Crimes)
- with deliberate intent/malice
- act is performed with intent, freedom, and intelligence
b. Fault/Culpa (Criminal Negligence, or Non-intentional Crimes)
- done without intent or malice
- wrongful acts from imprudence, negligence, and lack of foresight
Elements of a Crime
1. A law declaring an act or omission
2. Criminal Intent
3. Act of omission

3 Stages of Crime
• Consummated
- intent
- action
- effect
• Frustrated
- intent
- action
• Attempted
- intent
Persons Liable to a Crime
a. Principal (Direct Participation)
- has direct indispensable cooperation
b. Accomplice
- accessory before the act
- cooperated in the execution of a crime
c. Accessory
- after the act
- did not participate but profited from the crime
- Ex. harbour or concealing criminals, destroying evidences of a crime
Imprudence or Negligence
- not a crime itself but it is a way of committing a crime
- becomes punishable if it results to a crime
- Types:
a. Simple Imprudence - paying proper attention and using due diligence in
forseeing them. If this is omitted, it is negligence.
b. Reckless Imprudence - by taking necessary precautions once they are foreseen
Crimes Relative to Dentist
4. Homicide
- when the patient dies through reckless imprudence or negligence
5. Serious Physical Injuries
- loss of speech, hearing, and/ or smell
- loss of body parts or becoming ill or incapacitated to work for 90 days
- loss of capacity to work for 30 days
- loss of Incisors, 1 cuspid, 2 premolars resulting in the deformity of the face of the
patient
- 30 - 90 days
6. Less Serious Physical Injuries
- unable for labor for more than 10 days or requires medical attendance for less than a
month
- 10 - 29 days
7. Slight Physical Injuries
- Patient becomes incapacitated and may require medical attendance of 1- 9 days
Penalties:
Under Reckless Imprudence
• Homicide and Serious Physical Injuries
- aresto mayor of 4mos & 1day upto 2yrs & 4mos
• Less and Slight Physical Injuries
- 1month & 1 day to 4mos
Under Simple Imprudence
• Homicide and Serious Physical Injuries
- 2mos & 1day to 6mos
• Less and Slight Physical Injuries
- 1month & 1day to 2mos
Accidental Physical Injuries
- no liability attaching for an injury
- excludes negligence
- Accident - an event which could not be foreseen

- Defense of Dentist for Accidental Injuries:

• Act from which physical injury was lawful
• Act was performed with due care
• Physical injury was caused by accident
• No intention to cause physical injury

8. Unlawful Prescription
9. Issuance of False Dental Certificates
10. Libel/Slander
11. Sexual Harassment

Circumstances Affecting Criminal Liability

12. Exempling Circumstance
- grounds for exemption is punishment from criminal liability by reason of lack of volun-
tariness or negligence.
- ex. suspect/actor is of no intelligence (baliw)
- if proven baliw, exempted from liability
13. Justifying Circumstance
- act of person in accordance of law
- free from both criminal and …. liabilities
- ex. self defense
14. Mitigating Circumstance
- where the commission of the crime does not entirely free the actor from criminal liabil-
ity but serve only to reduce penalty
- the suspect voluntarily surrenders itself
15. Aggravating Circumstance
- where the commission of crime serve to increase the penalty without however ex-
ceeding the maximum of penalty provided by the law
- ex. estafa
16. Alternative Circumstance
- taken into consideration as aggravating or mitigating according to the nature and ef-
fects of the crime
- ex. relationship, intoxication, degree of instruction or education
Doctrines Relative to Dentist Negligence
17. Doctrine of Res ipsa loquitur ( “the thing speaks for itself” )
18. Doctrine of Respondeat superior ( “let the master answer” )
19. Doctrine of Contributory Negligence
- applied to the patient
- ex. patient had extraction but did not follow post-operative instructions