LIABILITIES OF PHYSICIANS IN GENERAL 8.

Performance of or aiding in any criminal

ADMINISTRATIVE ACTION
Administrative Action – Is one by which a party
files a complaint before an administrative agency to
make determinations of facts in the performance of
their official duties and to apply the law as they
construe it to the facts so found.
The practice of medicine is a PRIVILEGE not a right.
The privilege granted to the physician or a health
professional to practice his profession may be
temporarily withdrawn from him to protect future
patients.
abortion
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 without justifiable motive
11. Aiding or acting as a dummy of an
unqualified or unregistered person to
practice medicine
12. Violation of any provision of the Code of
Ethics as approved by the Philippine
Medical Association
Characteristics of Administrative Proceedings

JURISDICTION/VENUE Medical Act of 1959, as amended

Professional Regulation Commission – A quasi- 1. Presumption of Innocence

judicial body whose decision has the force and 2. Substantial Evidence
effect of the decisions of a court of law, with the 3. Rights of Respondents
same authority as a Regional Trial Court and after 4. Appeal from Judgement
the lapse of the period to appeal the decisions of the 5. Reinstatement
PRC becomes final and executory. 6. Penalties
7. Injunctions
Board of Medical Examiners

QUANTUM OF EVIDENCE
Substantial Evidence – Is defined to mean not
necessarily preponderant proof as required in
ordinary civil cases but such kind of relevant
evidence which a reasonable mind might accept as
adequate to support a conclusion.
Grounds for Reprimand, Suspension, or
Revocation of Registration Certificate
1. Conviction by an honorable court of
competent jurisdiction of any criminal
offense involving moral turpitude
2. Immoral or dishonorable conduct
3. Insanity
4. Fraud in the acquisition of the certificate
of registration
5. Gross negligence, ignorance or
incompetence in the practice of his or her
profession resulting to an injury to or
death of the patient
6. Addiction to alcoholic beverages or to any
habit-forming drug rendering or her
incompetent to practice his or her
profession or to any form of gambling
7. False or extravagant or unethical
advertisements wherein other things than
his name, profession, limitation of
practice, clinic hours, office and home
address are mentioned
*See last page for Procedure/Rules
CIVIL LIABILITIES
Civil Action – Is one by which a party sues another
for the enforcement or protection of a right, or the
prevention or redress of a wrong. (ROC Rule 1, Sec.
3)
Cause of Action – Is the fact or combination of facts
which affords a party a right to judicial interference
in his behalf.
Requisites:
a. A right in favor of the plaintiff by whatever
means and under whatever law it arises or
is created
b. An obligation on the part of the defendant
to respect and not to violate such right
c. An act or omission on the part of the
defendant constituting a violation of the
plaintiff’s right or breach of the obligation
of the defendant to the plaintiff
Categories of Civil Liabilities of Physicians:
1. Breach of Contract
 2. Violation of Articles 19, 20, 21 of the Civil Art. 2200. Indemnification for damages shall
Code comprehend not only the value of the loss suffered
3. Tort (Quasi-delict or Breach of Legal Duty) but also that of the profits which the oblige failed to
4. Civil Liability Ex Delicto obtain.

Art. 19. Every person must, in the exercise of his Art. 2205. Damages may be recovered:
rights and in the performance of his duties, act with
justice, give everyone his dues, and observe honesty 1. For loss or impairment of earning capacity
and good faith. in cases of temporary or permanent
personal injury
Art. 20. Every person who, contrary to law, willfully 2. For injury to the plaintiff’s business
or negligently causes damage to another, shall standing or commercial credit
indemnify the latter for the same.
Art. 2216. No proof of pecuniary loss is necessary in
Art. 21. Any person who willfully causes loss or order that moral, nominal, temperate, liquidated, or
injury to another in a manner that is contrary to exemplary damages may be adjudicated. The
morals, good customs or public policy shall assessment of such damages, except liquidated
compensate the latter for the damage. ones, is left to the discretion of the court, according
to the circumstances of each case.
QUANTUM OF EVIDENCE
Moral Damages
Preponderance of Evidence – Is the greater
weight of the evidence required in a civil lawsuit for Art. 2217. Moral damages include physical
the judge to decide in favor of one side or the other. suffering, mental anguish, fright, serious anxiety,
This preponderance is based on the more besmirched reputation, wounded feelings, moral
convincing evidence and its probable truth or shock, social humiliation, and similar injury. Though
accuracy, and not on the amount of evidence. incapable of pecuniary computation, moral
damages may be recovered if they are the
Characteristics of Civil Procedure proximate result of the defendant’s wrongful acr for
omission.
1. Regular Courts
2. Preponderance of Evidence Art. 2219. Moral damages may be recovered in the
3. Rights of Respondents following and analogous cases:
4. Trial
5. Appeal from Judgment 1. A criminal offense resulting in physical
6. Penalties injuries
2. Quasi-delicts causing physical injuries
Damages/Penalties/Fines 7. Libel, slander or any other form of
defamation
Art. 2197 of the New Civil Code
Nominal Damages
Damages may be:
Art. 2221. Nominal damages are adjudicated in
1. Actual or Compensatory order that a right of the plaintiff, which has been
2. Moral violated or invaded by the defendant, may be
3. Nominal vindicated or recognized, and not for the purpose of
4. Temperate or Moderate indemnifying the plaintiff for any loss suffered by
5. Liquidated him.
6. Exemplary or Corrective
Art. 2222. The court may award nominal damages
Actual Damages in every obligation arising from any source
enumerated in Art. 1157, or in every case where
Art. 2199. Except as provided by law or by any property right has been invaded.
stipulation, one is entitled to an adequate
compensation only for such pecuniary loss suffered Art. 1157. Obligations arise from:
by him as he has duly proved. Such compensation is
referred to as actual or compensatory damages. 1. Law
2. Contracts
3. Quasi-contracts
 4. Acts or omissions punished by law
5. Quasi-delicts
CRIMINAL LIABILITIES
Temperate or Moderate Damages
A criminal action is one by which the State
Art. 2224. Temperate or moderate damages which prosecutes a person for an act or omission
are more than nominal but less than compensatory punishable by law. (Rule, 1, Sec. 3)
damages, may be recovered when the courts find
that some pecuniary loss has been suffered but its Criminal Liabilities of Physicians
amount cannot, from the nature of the case, be
proved with certainty. Violations of:

Art. 2225. Temperate damages must be reasonable 1. Revised Penal Code

under the circumstances. 2. Special Criminal Laws

Liquidated Damages QUANTUM OF EVIDENCE

Art. 2226. Liquidated damages are those agreed
upon by the parties to a contract, to be paid in case
of breach thereof.
Art. 2228. Then the breach of the contract
committed by the defendant is not the one
contemplated by the parties in agreeing upon the
liquidated damages, the law shall determine the
measure of damages, and not the stipulation.
Exemplary or Corrective Damages
Art. 2229. Exemplary or corrective damages are
imposed, by way of example or correction for the
public good, in addition to the moral, temperate,
liquidated or compensatory damages.
Art. 2230. In criminal offenses, exemplary damages
as a part of the civil liability may be imposed when
the crime was committed with one or more
aggravating circumstances. Such damages are
separate and distinct from fines and shall be paid to
the offended party.
Art. 2234. While the amount of the exemplary
damages need not be proved, the plaintiff must
show that he is entitled to moral, temperate, or
compensatory damages before the Court may
consider the question of whether or not exemplary
damages should be awarded. In case liquidated
damages have been agreed upon, although no proof
of loss is necessary in order that such liquidated
damages may be recovered, nevertheless, before the
Court may consider the question of granting
exemplary in addition to liquidated damages, the
plaintiff must show that he would be entitled to
moral, temperate, or compensatory damages were
it not for the stipulation of liquidated damages.
Art. 2235. A stipulation whereby exemplary
damages are renounced in advance shall be null and
void.
Proof beyond reasonable doubt does not mean such
a degree of proof, excluding the possibility of error
or one that produces absolute certainty. Moral
certainty only is required or that degree of proof
which produces a conviction in an unprejudiced
mind.
Characteristics of Criminal Procedure
1. Regular Courts
2. Proof Beyond Reasonable Doubt
3. Rights of the Accused
4. Trial
5. Appeal from Judgement
6. Penalties
SPECIFIC CRIMINAL LIABILITIES UNDER THE
RPC
Art. 174. False medical certificates, false
certificates of merits or service, etc. – The
penalties of arresto mayor in its maximum period to
prison correctional in its maximum period and a
fine not to exceed P1,000 pesos shall be imposed
upon:
1. Any (a)physician or surgeon who, in (b)
connection, with the practice of his
profession, shall issue a (c) false
certificate; and…
Art. 256. Intentional abortion. — Any person who
shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he
shall use any violence upon the person of
the pregnant woman.
2. The penalty of prision mayor if, without
using violence, he shall act without the
consent of the woman.
 3. The penalty of prision correccional in its
medium and maximum periods, if the
woman shall have consented.
Art. 259. Abortion practiced by a physician or
midwife and dispensing of abortives. — The
penalties provided in Article 256 shall be imposed
in its maximum period, respectively, upon any
physician or midwife who, taking advantage of their
scientific knowledge or skill, shall cause an abortion
or assist in causing the same.
Art. 347. Simulation of births, substitution of
one child for another and concealment or
abandonment of a legitimate child. — The
simulation of births and the substitution of one
child for another shall be punished by prision
mayor and a fine of not exceeding 1,000 pesos.
The same penalties shall be imposed upon any
person who shall conceal or abandon any legitimate
child with intent to cause such child to lose its civil
status.
Any physician or surgeon or public officer who, in
violation of the duties of his profession or office,
shall cooperate in the execution of any of the crimes
mentioned in the two next preceding paragraphs,
shall suffer the penalties therein prescribed and
also the penalty of temporary special
disqualification.
Art. 253. Giving assistance to suicide. — Any
person who shall assist another to commit suicide
shall suffer the penalty of prision mayor; if such
person leads his assistance to another to the extent
of doing the killing himself, he shall suffer the
penalty of reclusion temporal. However, if the
suicide is not consummated, the penalty of arresto
mayor in its medium and maximum periods, shall
be imposed.
Art. 353. Definition of libel. — A libel is public and
malicious imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission,
condition, status, or circumstance tending to cause
the dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of one
who is dead.
Art. 358. Slander. — Oral defamation shall be
punished by arresto mayor in its maximum period
to prision correccional in its minimum period if it is
of a serious and insulting nature; otherwise the
penalty shall be arresto menor or a fine not
exceeding 200 pesos.
Art. 359. Slander by deed. — The penalty of
arresto mayor in its maximum period to prision
correccional in its minimum period or a fine ranging
from 200 to 1,000 pesos shall be imposed upon any
person who shall perform any act not included and
punished in this title, which shall cast dishonor,
discredit or contempt upon another person. If said
act is not of a serious nature, the penalty shall be
arresto menor or a fine not exceeding 200 pesos.
SPECIFIC CRIMINAL LIABILITIES UNDER
SPECIAL LAWS
1. FAILURE TO REPORT TREATMENT OF
PHYSICAL INJURIES
- PD 169 AS AMENDED BY EO 212
- BOME is mandated to hear and decide cases
for violation of this law
- Any MD who shall treat patients for physical
injuries defined the RPC shall report such
matters to the nearest government health
authority
2. REFUSAL TO RENDER TREATMENT
RA 6615 - AN ACT REQUIRING GOVERNMENT
AND PRIVATE HOSPITALS AND CLINICS TO
EXTEND MEDICAL ASSISTANCE IN EMERGENCY
CASES
Sec. 3.    Any hospital director, administrator,
officer-in-charge or physician in the hospital,
medical center or clinic, who shall refuse or fail
without good cause to render the appropriate
assistance pursuant to the requirements of section
one after said case had been brought to his
attention, or any nurse, midwife or medical
attendant who shall refuse to extend the
appropriate assistance, subject to existing rules, or
neglect to notify or call a physician shall be
punished by imprisonment of one month and one
day to one year and one day, and a fine of three
hundred pesos to one thousand pesos, without
prejudice to the provisions of RA 2382 in the case of
physicians. In the case of Government hospitals, the
imposition of the penalty upon the person or
persons guilty of the violations shall be without
prejudice to the administrative action that might be
proper. In the case of private hospitals, aside from
the imposition of penalty upon the person or
persons guilty of the violations, the license of the
hospital to operate shall, whenever justified, be
suspended or revoked.
3. VIOLATION OF BP 702 AS AMENDED BY
RA 8344
AN ACT PENALIZING THE REFUSAL OF
HOSPITALS AND MEDICAL CLINICS TO
ADMINISTER APPROPRIATE INITIAL MEDICAL
TREATMENT AND SUPPORT IN EMERGENCY OR
SERIOUS CASES
SECTION1. In emergency or serious cases, it shall be
unlawful to request, solicit, demand or accept any
deposit or any other form of advance payment as a
prerequisite for confinement or medical treatment
of a patient in such hospital or medical clinic or to
refuse to administer medical treatment and support
as dictated by good practice of medicine to prevent
death or permanent disability: Provided, That by
reason of inadequacy of the medical capabilities of
the hospital or medical clinic, the attending
physician may transfer the patient to a facility
where the appropriate care can be given, after the
patient or his next of kin consents to said transfer
and after the receiving hospital or medical clinic
agrees to the transfer: Provided, however, That
when the patient is unconscious, incapable of giving
consent and/or unaccompanied, the physician can
transfer the patient even without his consent:
Provided, further, That such transfer shall be done
only after necessary emergency treatment and
support have been administered to stabilize the
patient and after it has been established that such
transfer entails less risks than the patient’s
continued confinement: Provided, furthermore,
That no hospital or clinic, after being informed of
the medical indications for such transfer, shall
refuse to receive the patient nor demand from the
patient or his next of kin any deposit or advance
payment: Provided, finally, That strict compliance
with the foregoing procedure on transfer shall not
be construed as a refusal made punishable by this
Act.”
4. FAILURE TO REPORT MALTREATED OR
ABUSED CHILD
PD 603, as amended CHILD AND YOUTH
WELFARE CODE
Art. 166. Report of Maltreated or Abused Child. -
All hospitals, clinics and other institutions as well as
private physicians providing treatment shall, within
48 hours from knowledge of the case, report in
writing to the city or provincial fiscal or to the Local
Council for the Protection of Children or to the
nearest unit of the DSWD, any case of a maltreated
or abused child, or exploitation of an employed
child contrary to the provisions of labor laws. It
shall be the duty of the DSWD to whom such a
report is made to forward the same to the
provincial or city fiscal. Violation of this provision
shall subject the hospital, clinic, institution, or
physician who fails to make such report to a fine of
not more than 2K pesos. In cases of sexual abuse,
the records pertaining to the case shall be kept
strictly confidential and no information relating
thereto shall be disclosed except in connection with
any court or official proceeding based on such
report. Any person disclosing confidential
information in violation of this provision shall be
punished by a fine of not less than one hundred
pesos nor more than five thousand pesos, or by
imprisonment for not less than 30 days nor more
than 1 year, or both such fine and imprisonment, at
the discretion of the court.
5. VIOLATIONS OF GENERICS ACT OF 1988
Section 6. Who Shall Use Generic Terminology –
All government health agencies and their personnel,
as well as other government agencies, shall use
generic terminology or generic names in all
transactions related to purchasing, prescribing,
dispensing and administering of drugs and
medicines.
All medical, dental and veterinary practitioners,
including private practitioners, shall write
prescriptions using the generic name. The brand
name may be included if so desired.
Sec. 12. Penalty. - (A) Any person who shall violate
Section 6(a), or 6(b) of this Act shall suffer the
penalty graduated hereunder, viz:(a) For the first
conviction, he shall suffer the penalty of reprimand,
which shall be officially recorded in the appropriate
books of the PRC. (b) The second conviction, the
penalty of fine in the amount of not less than two
thousand pesos (P2,000). (c) For the third
conviction, the penalty of fine in the amount of not
less than five thousand pesos (P5,000) but not
exceeding ten thousand pesos (P10,000) and
suspension of his license to practice his profession
for thirty days at the discretion of the court. (d)
For the fourth subsequent convictions, the penalty
of fine not less than ten thousand pesos (P10,000)
and suspension of his license to practice his
profession one year or longer at the discretion of
the court.
6. VIOLATIONS OF COMPREHENSIVE
DANGEROUS DRUG ACT OF 2002 (RA
9165)
Section 18. Unnecessary Prescription of
Dangerous Drugs. – The penalty of imprisonment
ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) and the
additional penalty of the revocation of his/her
license to practice shall be imposed upon the
practitioner, who shall prescribe any dangerous
drug to any person whose physical or physiological
condition does not require the use or in the dosage
prescribed therein, as determined by the Board in
consultation with recognized competent experts
who are authorized representatives of professional
organizations of practitioners, particularly those
who are involved in the care of persons with severe
pain.
Section 19. Unlawful Prescription of Dangerous
Drugs. – The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall make
or issue a prescription or any other writing
purporting to be a prescription for any dangerous
drug.
7. LIABILITY IN THE ISSUANCE OF BIRTH
CERTIFICATE PD 766
Sec. 2. Period of Registration of births. - The
registration of the birth of babies referred to in the
preceding section including those unregistered
births which occurred from March 17, 1975, to
November 30, 1975, must be done until December
31, 1975, without fine or fee of any kind. Babies
born after November 30, 1975 and thereafter, must
be registered within thirty (30) days from birth
without fine or fee of any kind by the attending
physician, nurse, midwife, hilot or hospital or clinic
administrator or, in default of the same, by either
parent or a responsible member of the family or any
person who has knowledge of the birth. "The
parents or any responsible member of the family
and the attendant at birth or the hospital or clinic
administrator referred to above shall be jointly
liable in case they fail to register the new born child.
If there was no attendant at birth, or if the child was
not born in a hospital or a maternity clinic, then the
parents or responsible member of the family alone
shall be primarily liable in case of failure to register
the newborn child."
8. LIABILITY IN THE ISSUANCE OF DEATH
CERTIFICATES
Sec. 5. Period of reporting and registration of
deaths.
….....In case the deceased was attended to by a
physician, the latter must issue the necessary
certificate of death within 48 hours after death and
submit the same to the Local Health Officer of the
place of death, who shall order its registration in the
Office of the Local Civil Registrar within the said
period of thirty (30) days after death, without fee or
fine of any kind.” The attending physician and
responsible member of the family or person who
has knowledge of the death are jointly liable to
report the death to the Local Health Officer, for
registration by the Local Civil Registrar of the place
of the death.
9. LIABILITY IN THE ISSUANCE OF
BIRTH / DEATH CERTIFICATES PD 766
Section 9. Penalty. - Any person required under
this decree to report for registration any fact
concerning the civil status of persons and who fails
to do so, or who deliberately makes false statements
in the birth or death form and presents the same for
registration, or who violates any rule or regulation
which may be issued pursuant to this decree, and
any local public health officer who fails to perform
his duties as provided for in this decree, or violates
any rule or regulation which may be issued
pursuant to this decree, shall upon conviction, be
punished by a fine of not less than P500.00 nor
more than P1,000.00 or imprisonment of not less
than three (3) months nor more than six (6)
months, or both, in the discretion of the court.
10. SALE OF PHARMACEUTICAL SAMPLES RA
5921
Section 26. Markings and inhibition to the sale
of drug samples. No sample of any drug, biological
product, device or proprietary medicine, given or
intended to be given for free to the physician and
other qualified person by any manufacturer or
distributor of its representative or detailman as
part of its program or promotion, may be sold. The
statement "Sample, not for sale" shall appear
conspicuously on the container, package or carton
of the drug or device to be given.
Section 40. Penal provisions. Any person who
shall violate …..****shall, upon conviction thereof,
be sentenced to a fine of not less than one thousand
pesos but not exceeding four thousand pesos or to
an imprisonment of not less than six months and
one day but not more than four years, in the
discretion of the court.
11. SEXUAL HARRASMENT (RA No. 7877)
Elements of Sexual Harassment
AIM WET IHO
A – AUTHORITY
I – INFLUENCE
M – MORAL ASCENDANCY
W – WORK AND
SPECIAL
E – EDUCATION ENVIRONMENT LAWS

T – TRAINING

I – INTIMIDATING

H – HOSTILE

O – OFFENSIVE

12. VIOLATION OF THE NATIONAL BLOOD

SERVICES OF 1994 (RA 7719)

SEC. 9. Regulation of Blood Sciences. – It shall be

unlawful for any person to establish and operate a
blood bank/center unless it is registered and issued
a license to operate by the Department: Provided,
That in case of emergencies, blood collection and
transfusion under the responsibility of the
attending physician shall be allowed in hospitals
without such license under certain conditions
prescribed by the Department. No license shall be
granted or renewed by the Department for the
establishment and operation of a blood bank/
center unless it complies with the standards
prescribed by the Department. Such blood
bank/center shall be under the management of a
licensed and qualified physician duly authorized by
the Department.

LIABILITIES OF LAWS QUANTUM OF

PHYSICIANS EVIDENCE

ADMINISTRATIVE MEDICAL SUBSTANTIAL

ACT OF EVIDENCE
1959, AS
AMENDED

SEC 24

CIVIL ARTICLE PREPONDERANCE

19, 20, 21, OF EVIDENCE
AND 2176
OF THE

NEW
CIVIL
CODE

CRIMINAL REVISED PROOF BEYOND

PENAL REASONABLE
CODE GROUND