Atty.

Judy Anne Yulo

- A. LEGAL MEDICINE
- This is a branch of medicine that deals with the application of medical knowledge to the
legal problems and legal proceedings
- Legal medicine is also called "Forensic Medicine"
- FORENSIC MEDICINE
- The branch of Legal Medicine dealing with the application of medical knowledge to
establish facts in civil/criminal cases, such as an investigation into the cause and time of
a suspicious death. Also known as forensic pathology
- MEDICAL JURISPRUDENCE
- The branch of law that deals with the application of law to the practice of medicine.
- It also deals with the organization and regulation of the medical profession; the
contractual obligation of a physician or a health practitioner to the patient; the
professional relationship to his/her colleagues; and the duties imposed in the practitioner
by the state
- B. RULE 138, Sec 5, RoC ATTORNEYS AND ADMISSION TO BAR
- Sec 5 Additional requirements for other applicants
- All applicants for admission other than those referred to in the two preceding section
shall, before being admitted to the examination, satisfactorily show that they have
regularly studied law for four years, and successfully completed all prescribed courses,
in a law school or university, officially approved and recognized by the Secretary of
Education. The affidavit of the candidate, accompanied by a certificate from the
university or school of law, shall be filed as evidence of such facts, and further evidence
may be required by the court.
- No applicant shall be admitted to the bar examinations unless he has satisfactorily
completed the following courses in a law school or university duly recognized by the
government: civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence,
taxation and legal ethics.
- C. ART12,Sec14, Consti
- The sustained development of a reservoir of national talents consisting of Filipino scientists,
entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and
craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate
technology and regulate its transfer for the national benefit.
- The practice of all professions in the Philippines shall be limited to Filipino citizens, save in
cases prescribed by law.
- D. REPUBLIC ACT No. 2382 : THE MEDICAL ACT OF 1959, as amended
- Art 1 Objectives and Implementation
- Sec 1 Objectives: To provide and govern
- 1) The standardization and regulation of the medical education
- 2) The examination for registration of physicians
- 3) the supervision, control and regulation of the practice of medicine in the PH
- Sec 2 Enforcing Agencies
- 1) Board of Medical Education under the Commissioner on Higher Education
- 2) Board of Medical Examiners under the Commissioner of CSC
- Art 2 The Board of Medical Education Its Functions
- Sec 5 Functions of the Board of Medical Education
- 1) to determine and prescribe requirements for admission into a recognized
college of medicine
- 2) to determine and prescribe requirements for minimum physical facilities of
colleges of medicine
- 3) to determine and prescribe the minimum number and minimum qualifications
of teaching personnel
- 4) to determine and prescribe the minimum required curriculum leading to the
degree of Doctor of Medicine
- 5) to authorize the implementation of experimental medical curriculum in a
medical school that has exceptional faculty and instrumental facilities
- 6) to accept applications for certification for admission to a medical school and
keep a register of those issued said certificate
- 7) to select, determine and approve hospitals or some departments of the
hospitals for training
- 8) to promulgate and prescribe and enforce the necessary rules and regulations
for the proper implementation of the foregoing functions.
- Sec 6 Minimum required course
- Students seeking admission to medical course must have a bachelor's degree in
science or arts
- 1. BOME vs ALFONSO, 1989
- National Medical Admission Test (NMAT)
- It is a prerequisite for medical colleges or school
- An aptitude test which is considered as an instrument toward upgrading the
 selection of applicants for admission into the medical schools and it is calculated
to improve the quality of medical education in the country.
- Starting SY 1986-1987 no applicant shall be issued the requisite Certificate of
Eligibility for Admission or admitted for enrollment without the required NMAT
- 2. TABLARIN vs. GUTIERREZ, G.R. No. 78164 July 31, 1987
- 3. DECS vs. SAN DIEGO G.R. No. 89572 December 21, 1989
- Art 3 Board of Medical Examiners; Registration of Physicians
- Professional Regulation Commission (PRC)
- Created by a PD
- Regulates and supervises the practice of professionals through 42 regulatory
boards including the Board of Medicine
- It has the ff functions:
- 1) Executive - administers, implements, and enforces the regulatory
policies of the National Gov including the maintenance of professional
and occupational standards and ethics and the rules and regulations
relative thereto.
- 2) Quasi-Judicial - Investigates cases against erring examinees and
professionals; its decisions has the same force and effect of the regular
courts, with the same level of authority as a RTC. After the lapse of the
period to appeal, the decision is deemed final and executory
- 3) Quasi-Legislative - formulates rules and policies on professional
regulation. When published in the official gazette these rules have the
force and effect of law.
- Board of Medicine
- Aka "Board of Medical Examiners''
- Which is under the supervision of the PRC
- Sec 8 Prerequisite to the practice of medicine
- No person shall engage in the practice of medicine in the Philippines unless he is
1) at least twenty-one (21) years of age, 2) has satisfactorily passed the
corresponding Board Examination, and 3) is a holder of a valid Certificate of
Registration duly issued to him by the Board of Medical Examiners.
- 4. BOARD OF MEDICINE vs OTA G.R. No. 166097 July 14, 2008
- Sec 17 Rules and Regulations
- The Board of Medical Examiners, with the approval of the Commissioner of CSC,
shall: 1) Promulgate such rules and regulations as may be necessary for the
proper conduct of the examinations; 2) correction of examination papers and 3)
registration of physicians
- Sec 9 Candidates for board examination
- Candidates for Board examinations shall have the following
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 citizens thereof;
- 2) He shall be of good moral character
- 3) He shall be sound of 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 Department of Education.
- 6) He must have completed a calendar year of technical
training known as internship
- 5. FELIX MARQUEZ vs. BOME G.R. No. L-24119 August 8, 1925
- Oath taking and conferment ceremonies
- After passing the examination, the candidate must take the
oath taking process and the conferment ceremonies.
- He is required to take the Hippocratic Oath and Administrative
Oath before an administering body
- Certificate of Registration
- Issued by the PRC
- Entitles the physician to practice the medical profession in the
PH
- Issued to those who have satisfactorily complied with the
requirements of the Board of Medicine
- Sec 20 Issuance of Certificate of Registration, grounds for refusal of
same
- The Commissioner of Civil Service and the secretary of the Board of
Medical Examiners shall sign jointly and issue certificates of
registration to those who have satisfactorily complied with the
requirements of the Board. They shall not issue a certificate of
 registration to 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 due investigation by the Board of Medical
Examiners, or has been declared to be of unsound mind.
- Sec 22 Administrative investigations
- In addition to the functions provided for in the preceding sections, the Board of
Medical Examiners shall perform the following duties:
- (1) to administer oath to physicians who qualified in the examination;
- (2) to study the conditions affecting the practice of medicine in all parts
of the Philippines;
- (3) to exercise the powers conferred upon it by this article with the view
of maintaining the ethical and professional standards of the medical
profession;
- (4) to subpoena or subpoena duces tecum witnesses for all purposes
required in the discharge of its duties; and
- (5) to promulgate, with the approval of the Commissioner of Civil
Service, such rules and regulations as it may deem necessary for the
performance of its duties in harmony with the provisions of this Act and
necessary for the proper practice of medicine in the PH
- Administrative investigations may be conducted by not less than four members
of the Board of Medical Examiners; otherwise the proceedings shall be
considered void. The existing rules of evidence shall be observed during all
administrative investigations. The Board may disapprove applications for
examination or registration, reprimand erring physicians, or suspend or revoke
registration certificates, if the respondents are found guilty after due
investigations.
- 6. PRC vs. DE GUZMAN G.R. No. 144681 June 21, 2004
- Sec 24 Grounds for reprimand, suspension or revocation of registration
certificate
- Any of the following shall be sufficient ground for reprimanding a physician, or
for suspending or revoking a certificate of registration as physician:
- 1) Conviction by a 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 practive of
his/her profession resulting in an injury to or death of the patient
- 6) Addiction to alcoholic beverages or to any habit forming drug
rendering him 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.
- 8) Performance of or aiding in any criminal 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.
- Refusal of a physician to attend a patient in danger of death is not a sufficient
ground for revocation or suspension of his registration certificate if there is a risk
to the physician's life.
- NOTE: the only punishment the Board of Medicine can issue is to 1) Reprimand,
2) Revocate certificate of registration, and 3) suspension from the practice of
profession
- 7. GOMEZ VS. VENTURA, G. R. No. 32441, March 29, 1930
- Procedure in the PRC in filing a complaint
- 1) Filing of complaint under oath before the Board of Medicine
- 2) Within 5-days the respondent Dr. will be furnished with a copy
of complaint
- 3) Board shall conduct investigation within 5-days
- This investigation involves the usual court procedures
(pre-trial, trial, direct/cross examination of witnesses,
submission of pleadings, etc.)
- 4) Board will then decide
- If losing party will not file an appeal within the period to file
an appeal (30-days), the decision of the Board of Medicine
 becomes final
- If losing party files an appeal with the Civil Service
Commission within 30-days
- 5) On appeal with the Civil Service Commission, the
Commissioner of Civil Service will then decide;
- Whether the Commissioner affirms or dismisses the case,
it will be appealable to the Office of the President.
- NOTE: at this point, the physician can still practice the
medical profession provided the appeal is pending at the
OP
- 6) On appeal with the Office of the President,
- Whether the OP affirms or dismisses the case, it will still be
appealable; through certiorari under Rule 65 to the CA/SC;
or through an ordinary appeal to the CA/SC
- NOTE: If the OP affirms the decision of the Commissioner
and Board, physician can no longer practice the profession
of medicine.
- NOTE: Even if the case is pending certiorari or
appeal due to the decision of the OP affirming, the
physician still cannot practice. Except if physician
files a petition for the issuance of an order staying
the execution of the decision
- Sec 27. Reinstatement.
- After two years, the Board may order the reinstatement of any physician
whose certificate of registration has been revoked, if the respondents has
acted in an exemplary manner in the community wherein he resides and
has not committed any illegal, immoral or dishonorable act.
- Sec 10 ACTS WHICH CONSTITUTE THE PRACTICE OF MEDICINE
- 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, physically 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.
- Acts that constitute Practice of Medicine
- a) a person who physically examines another and diagnoses, treats,
operates or prescribes any remedy to whatever ailment for a fee or free.
- b) a person who shall, through signs, cards, advertisement, radio, or TV,
either offer or undertake methods to diagnose, treat, operate or prescribe
any remedy
- c) a person who shall use the title of M.D. after his name
- Sec 11 EXEMPTIONS
- The preceding section shall not be construed to affect
- (a) any medical student duly enrolled in an approved medical college or school
under training, serving without any professional fee in any government or private
hospital, provided that he renders 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; and
- (g) any psychologist or mental hygienist in the performance of his duties,
provided such performance is done in conjunction with a duly registered
physician
- h) prosthetists who fit artificial limbs under the supervision of a registered
physician
- Sec 12 LIMITED PRACTICE WITHOUT CERTIFICATE OF REGISTRATION
- Certificates of registration shall not be required of the following persons:
- a) Physicians and surgeons from other countries called in consultation
only and exclusively in specific and definite cases, or those attached to
international bodies or organization 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 in the discretion of
the Board of Medical Education, 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
medical 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.
- Who can practice even without a Certificate of Registration? (look above
Sec 12 [a-d])
- Illegal Practice of Medicine
- Also called Unauthorized Practice of Medicine (Medical Act 1959, as
amended)
- Elements:
- 1) Performance of acts considered as constituting the practice of
medicine
- 2) without falling in any of those exempted by law
- 3) without proper license and certificate of registration to practice
medicine
- Illegal practice of medicine vs. Medical Malpractice or Medical
Negligence (RPC)
- Illegal Practice of Medicine
- Accused has no license
- Prosecution must prove there was an injury/death
- Legal basis: Medical Act of 1959, as amended
- Medical Mal/Medical Neg
- Accused has license
- Legal basis: RPC
- Sec 28. Penalties. (Illegal or unauthorized practice of medicine)
- Any person found guilty of "illegal practice of medicine" shall be punished
by a fine of not less than (P1K) nor more than (P10K) with subsidiary
imprisonment in case of insolvency, or by imprisonment of not less than
1-yr nor more than 5-yrs, or by both such fine and imprisonment, in the
discretion of the court.
- NOTE: Sec 32, BP129, MTC has jurisdiction over cases where
imprisonment does not exceed 6-yrs irrespective of the amount of fine.
- NOTE: Board of Medicine has no jurisdiction over cases of illegal practice
of medicine simply because the defendant is not a registered physician
hence, regular courts have jurisdiction over them.
- Sec 29 Injunctions
- The Board of Medical Examiners may file an action to enjoin any person
illegally practicing medicine from the performance of any act constituting
practice of medicine if the case so warrants until the necessary certificate
therefore is secured. Any such person who, after having been so
enjoined, continues in the illegal practice of medicine shall be punished
for contempt of court. The said injunction shall not relieve the person
practicing medicine without certificate of registration from criminal
prosecution and punishment as provided in the preceding section.
- Can a person be liable for both medical negligence and illegal practice of
medicine? (HM 10/05/2022)
- (my answer) NO. For one to be considered to have committed medical
negligence, its elements provide that 1) there is a duly licensed person
who is in the practice of medicine with a patient, 2) who committed a
breach of duty 3) because of which causes an injury to his patient and 4)
such cause-effect must be in connection to each other.
- While in illegal practice of medicine, its elements provide that 1) he must
not be licensed; 2) he is performing acts which constitute the practice of
medicine; and 3) he does not fall within the exceptions under Sec 11; a)
he is not a med student; b) nor is he a dentist; c) a physiotherapist; d) an
 optometrist; g) he is not a psychologist. However, he does fall within
exceptions e and f; e) he is a licensed physician and is available; f) this is
basically any and all person regardless of the existence of a license.
- Thus, one cannot be liable for both medical negligence and malpractice
as 1) for medical negligence, one must be licensed while in malpractice, a
license is not required; 2) regardless of license, he does fall into exception
e and f of Sec 11, which he must not to be considered a part of.
- 8. PEOPLE vs. VENTURA G.R. No. L-15079 Jan. 31, 1962
- 9. PEOPLE VS BUENVIAJE GR NO 22945, MARCH 3, 192547 PHIL 536
- 10. PEOPLE VS HATANI GR 78813-14, Nov. 8, 1993
- 11. CRISOSTOMO VS SEC GR 89095 & 89555, Nov, 1989
- 12. PEOPLE vs. GOLEZ G.R. No. L-14160 June 30, 1960
- 13. PEOPLE VS QUEBRAL 68 PHIL 564
- E. PHYSICIAN-PATIENT CONTRACTUAL RELATIONSHIP (PPCR)
- A physician-patient relationship is one that is created when a patient employs the services of a
physician; as such, the latter is duty bound to use at least the same level of care that any
reasonably competent doctor would use to treat a condition under the same circumstances.
- The breach of these professional duties of skill and care, or their improper performance by a
physician, which resulted in a patient's injury, constitutes actionable malpractice.
- The physician-patient relationship is a contract; it is also a relationship that is both consensual
and fiduciary. A patient who entrusts himself to a physician's care creates not only ethical
obligations but also legal obligations that are definite and weighty.
- Nature of PPCR
- The presence of a contractual relationship is the primordial basis of any negligence
cases. This means without a PPCR, a physician cannot be held liable for medical
negligence.
- Innominate contract of Facio Ut Des
- It means "I do and you give"
- This is based on the principle of Unjust Enrichment; that no one shall unjustly enrich
himself at the expense of others
- Parties to a PPCR
- 1) Physician
- Who renders the medical services in exchange for the payment in the form of
professional fee
- 2) Patient
- Who receives the medical services and in turn pays the professional fee to the
physician.
- Essential requisites of PPCR
- 1) Consent
- Given by patient himself or someone authorized by law to give consent
- 2) Object/Subject matter
- On part of physician, to render medical service
- Must not be outside the commerce of man
- Must be legal nad not contrary to LAMOGPOPPO
- 3) Cause/Consideration
- a) On part of physician - Onerous
- Patients pay for the medical services rendered
- b) On part of patient - Remuneratory
- Physicians are paid for the medical services rendered
- c) Gratuitous cause/consideration
- Means free
- Forms of Contractual Relationship
- 1) Expressed
- Through verbal acts/oral or written consent form
- 2) Implied
- Non verbal acts but there is a clear indication that both parties agree
- When does a PPCR commence
- From the time the patient asks the physician for medical service and the latter agrees
and the acceptance of the physician is known to the patient.
- This is under the Doctrine of Cognition
- NOTE: If the interaction only reaches the part where the doctor only agrees but the
acceptance is not known to the patient, this is under the Doctrine of Manifestation (this is
not followed in the PH)
- Freedom to contract medical services and limitations
- The contracting parties are free to establish such stipulations, clauses, terms and
conditions as they may deem convenient, provided they are contrary to LAMOGPOPPO
- This is the Principle of Autonomy of Contracts
- Cases when there is no PPCR
- 1) pre-employment physical examination
- 2) eligibility for insurance physical examination
- 3) psychiatric evaluation of the accused
- 4) autopsy
- 5) casual questions in casual things
- F. LIABILITIES OF PHYSICIANS
- Administrative Liabilities
- An 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 withdraw from him to protect future patients
- Jurisdiction over administrative cases
- 1) Board of Medicine
- Penalties by Board of Medicine
- 1) Reprimand
- 2) Suspension
- 3) Revocation of certificate of registration
- 2) Professional Regulation Commission
- A quasi judicial body whose decision has the force and effect of that of a
court of law, with the same authority as a RTC and after the lapse of the
period of appeal, the decisions of the PRC becomes final and executory
- 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
- Characteristics of Administrative Proceedings Medical Act of 1959
- 1) presumption of innocence 2) substantial evidence
- 3) rights of respondents 4) appeal from judgment
- 5) reinstatement 6) Penalties
- 7) Injunctions
- Civil Liabilities
- A 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 (Rule 1,Sec3,RoC)
- Before filing a civil action, one must have a cause of action
- A cause of action is the fact or combination of facts which affords a party a right
to judicial interference on his behalf.
- Requisites for a cause of action:
- 1) a right in favor of the plaintiff by whatever means and under whatever
law it arises or is created
- 2) an obligation on the part of the defendant to respect and not to violate
such right
- 3) an act/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
- The civil liabilities of physicians fall under these categories:
- 1) breach of contract
- 2) Violation of Art 19-21, NCC
- Art 19 Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due and
observe honesty and good faith
- Art 20 Every person who, contrary to law, willfully or negligently causes
damage to another, shall indemnify the latter for the same
- Art 21 Any person who willfully causes loss/injury to another in a manner
that is contrary to morals, good customs, or public policy shall
compensate the latter for the damage
- 3) Tort (quasi-delict or breach of legal duty)
- 4) Civil liability ex delicto
- Quantum of Evidence in Civil Action
- Preponderance of Evidence is the greater weight of the evidence required in a
civil lawsuit for the judge to decide in favor of one side or the other. This
preponderance is based on the more convincing evidence and its probable truth
or accuracy, and not on the amount of evidence.
- Characteristics of Civil Procedure
- 1) Regular Courts 2) Preponderance of Evidence
- 3) Rights of Respondents 4) Trial
- 5) Appeal from Judgment 6) Penalties
- Jurisdiction
- Regular courts
- Penalties by Courts
- 1) Specific Performance
- 2) Payment of Damages
- Art 2197, NCC Damages may be:
- a) Actual or compensatory
- b) Moral
- c) Nominal
- d) Temperate or moderate
 - e) Liquidated
- f) Exemplary or corrective
- Actual Damages
- Art 2199 Except as provided by law or by stipulation, one is
entitled to an adequate compensation only for such pecuniary loss
suffered by him as he has duly proved. Such compensation is
referred to as actual or compensatory damages
- Art 2200 Indemnification for damages shall comprehend not only
the value of the loss suffered, but also that of the profits which the
obligee failed to obtain
- Art 2205 Damages may be recovered:
- 1) For loss or impairment of earning capacity in cases of
temporary or permanent personal injury
- 2) For injury to the plaintiff's business standing or
commercial credit
- Art 2216 No proof of pecuniary loss is necessary in order that
moral, nominal, temperate, liquidated or exemplary damages, may
be adjudicated. The assessment of such damages, except
liquidated ones, is left to the discretion of the court, according to
the circumstances of each case.
- Moral Damages
- Art 2217 Moral damages include physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury.
Though incapable of pecuniary computation, moral damages may
be recovered if they are the proximate result of the defendant's
wrongful act/omission
- Art 2219 Moral damages may be recovered in the ff and
analogous cases:
- 1) A criminal offense resulting in physical injuries
- 2) Quasi-delicts causing physical injuries xxx
- 7) Libel, slander or any other form of defamation
- Nominal Damages
- Art 2221 Nominal damages are adjudicated in order that a right of
the plaintiff, which has been violated or invaded by the defendant,
may be vindicated or recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by him
- Art 2222 The court may award nominal damages in every
obligation arising from any source enumerated in Art 1157, or in
every case where any property right has been invaded.
- NOTE: Art 1157 Obligations arise from: 1) Law, 2)
Contracts, 3) Quasi-contracts, 4) Acts or omissions
punished by law, and 5) Quasi-delicts
- Temperate or Moderate Damages
- Art 2224 Temperate or moderate damages, which are more than
nominal but less than compensatory damages, may be recovered
when the court finds that some pecuniary loss has been suffered
but its amount cannot, from the nature of the case, be provided
with certainty
- Art 2225 Temperate damages must be reasonable under the
circumstances
- Liquidated Damages
- Art 2226 Liquidated damages are those agreed upon by the
parties to a contract, to be paid in case of its breach
- Art 2228 When 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 2231 In quasi-delicts, exemplary damages may be granted if
the defendant acted with gross negligence
- Art 2232 In contracts and quasi-contracts, the court may award
exemplary damages if the defendant acted in a wanton,
fraudulent, reckless, oppressive or malevolent manner
- Art 2233 Exemplary damages cannot be recovered as a matter of
 right; the court will decide whether or not they should be
adjudicated
- 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 the liquidated damages, the plaintiff must show that he
would be entitled to moral, temperate or compensatory damages
were it not for the stipulation for liquidated damages.
- Art 2235 A stipulation whereby exemplary damages are
renounced in advance shall be null and void
- Criminal Liabilities
- A criminal action is one by which the State prosecutes a person for an act/omission
punishable by law (Rule 1, Sec 3, RoC)
- Criminal Liabilities of Physicians
- Violations of:
- 1) RPC
- 2) Special Criminal Laws
- Quantum of Evidence in Criminal Action
- 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 for that degree of proof which produced 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 judgment 6) Penalties
- Criminal Liabilities of Physicians under the RPC
- Art 174 False Medical Certificates, false certificates of merits or service, etc. --
The penalties of arresto mayor in its max period to prision correccional in its min
period and a fine not to exceed P1K shall be imposed upon:
- 1) Any physician or surgeon who, in connection with the practice of his
profession, shall issue a false certificate; xxx
- 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 practice by a physician or midwife and dispensing of abortives --
The penalties provided in Art 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 cause 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 not exceeding P1K.
- 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 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 lends 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.
- Criminal Liabilities of Physicians under Special Criminal Laws
- 1) Failure to Report Treatment of Physical Injuries
- PD 169 as amended by EO212
- Board of Medicine is mandated to hear and decide cases for violation of
this law
- Any MD who shall treat patients for physical injuries defined in 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 sec 1 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 Gov hospitals, the imposition of the penalty upon
the person/s 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
- Sec 1 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 693 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
- Sec 6 Who shall use Generic Terminology --
- a) 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.
- b) 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 -- Any person who shall violate Sec 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
- c) For the third conviction, the penalty of fine in the amount of not
less than five thousand pesos but not exceeding ten thousand
pesos 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 and suspension of his license to
practice his profession one year or longer at the discretion of the
court.
- 6) Violations of RA 9165 Comprehensive Dangerous Drugs Act of 2002
- Sec 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.
- Sec 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 new born child."
- 8) Liability in the Issuance of Death Certificates
- Sec 5 Period of Reporting and Registration of Deaths -- xxx in case the
deceased was attended to by a physician, the latter must issue the
necessary certificate of death within 48hrs 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 Certs PD 766
- Sec 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
- Sec 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.
- Sec 40 Penal Provisions -- Any person who shall violate this Act shall,
upon conviction thereof, be sentenced to a fine of not less than P1K but
not exceeding P4K or to an imprisonment of not less than 6-months and
1-day but not more than 4-yrs, in the discretion of the court.
- 11) Sexual Harassment RA 7877
- Elements of Sexual Harassment
- Authority
- Influence
- Moral Ascendancy
- Work
- Education Environment
- Training
- Intimidating
- Hostile
- 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.
- Summary of Liabilities of Physicians