Dental Jurispudence and

Ethics
Conduct of Administrative Proceedings/
Dentists and Administrative Liability
Administrative Adjudicatory or Quasi-
Judicial Power
The power to hear and determine,
or ascertain facts and decide by the
application of rules of law to the
ascertained facts in the
enforcement and administration of
law
Nature of Administrative Proceedings
Such administrative proceedings have been held to
partake of the nature of judicial proceedings
A proceeding requiring the taking and weighing of
evidence, the determination of facts based upon the
consideration of evidence, and the making of an order
supported by findings has a quality resembling that of
judicial proceeding
Thus, proceedings before the PRC and the
professional regulatory boards, like the BOD, are all in
the nature of quasi-judicial proceedings
Elements of Administrative Due Process
Due process must be observed and preserved to all persons
whose legal rights may be involved and concluded by the
determination of the board in proceedings quasi-judicial in
nature.
1. There must be an impartial tribunal constituted to
determine the right involved
2. There must be due notice and opportunity to be heard
3. The procedure at the hearing must be consistent with the
essentials of a fair trial
4. Proceedings must have been conducted in such a way that
there will be opportunity for a court to determine whether
the applicable rules of law and procedure were observed.
Essential Requirements of Administrative Due Process
The essential requirements of due process as laid
down in the landmark case of Ang Tibay vs. Court of
Industrial Relations et al. are as follows:
1. The party interested or affected must be given an
opportunity to present his case and to adduce evidence
tending to establish the rights which he asserts.
2. The tribunal must consider the evidence presented
3. The decision must have something to support itself
otherwise it is a nullity
4. The evidence must be substantial – such relevant
evidence as a reasonable mind might accept as
adequate to support a conclusion
Essential Requirements of Administrative
Due Process
5. The decision must be rendered on the evidence
presented at the hearing, or at least contained in the
record and disclosed to the parties affected
6. The board or its judges must act on its or their own
independent consideration of the law and facts of the
controversy, and not simply accept the views of a
subordinate in arriving at a decision
7. The decision must be rendered in such a manner that
the parties to the proceeding will know the various
issues involved, and the reasons for the decisions
rendered.
Grounds for Administrative Proceedings
Any of the following shall be sufficient ground for
administratively proceeding against a Dentist:
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 or incompetence in the practice of his
profession
6. Addiction to alcoholic beverages or to any habit
forming drugs rendering him incompetent to practice
his profession
Grounds for Administrative Proceedings
7. False or extravagant or unethical advertisement
wherein other things than his name, profession,
limitation of practice, office and home address are
mentioned
8. Aiding or acting as a dummy of an unqualified or
unregistered person to practice dentistry
9. Violation of any provisions of the Philippine Dental
Act of 2007, the PRC Modernization Act of 2000 and
their respective rules and regulations
10. Conduct discreditable to the dental profession
Conduct of Administrative
Proceedings
 Filling of Complaint

Service of Summons

Answer of the Respondent

Hearing or Investigation

Decision

Petition for Reconsideration/ Rehearing

A. Filling of Complaint
Can be filed by any person, firm or corporation or thru
its authorized representative or the BOD itself; filed in
writing and under oath in 6 copies
An administrative case number is assigned to the
complaint upon payment of docket fee
The complaint contains the charge or offense
complained of and sworn statements of the witnesses
Maybe withdrawn in writing and under oath
Reason for filing complaint ( same as grounds for
revocation or suspension of COR and PID)
Revocation or Suspension of Certificate of
Registration and Professional Identification Card
and Cancellation of Temporary/Special Permit
 (a) Unprofessional and unethical conduct;
 (b) Malpractice;
 (c) Incompetence, serious ignorance or negligence in the practice
of dentistry, dental hygiene, and dental technology;
 (d) Willful destruction or mutilation of a natural tooth of a patient
with the deliberate purpose of substituting the same by an
unnecessary or unessential artificial tooth;
 (e) For making use of fraud, deceitful or false statement to obtain
a certificate of registration;
 (f) For alcoholism or drug addiction causing him/her to become
incompetent to practice dentistry, dental hygiene and dental
technology;
Revocation or Suspension of Certificate of
Registration and Professional Identification Card
and Cancellation of Temporary/Special Permit
 (g) For the employment of persons who are not duly authorized to
do the work which, under this Act, can only be done by persons who
have certificates of registration to practice dentistry, dental hygiene
and dental technology in the Philippines;
 (h) For the employment of deceit or any form of fraud with the
public in general or some clients in particular for the purpose of
extending his/her clientele;
 (i) For making false advertisements, publishing or circulating
fraudulent or deceitful allegations regarding his/her professional
attainment, skill or knowledge, or methods of treatment employed
by him; and
 (j) Utter disregard and continuous violation of any of the provisions
of this Act: Provided That the action of the Board in the exercise of
this power shall be appealable to the Commission.
B. Service of Summons
Served within 5 days from filing of complaint; contains
the letter-subpoena and copy of complaints and its
enclosure
 Summons – a notice to the respondents that an action has
been commenced against him, requiring him to answer
within a specified time after the service thereof and
informing him of the date and time of the investigation
 Subpoena – a process directed to a person requiring him to
attend and testify at the hearing or trial of an action or any
investigation conducted under the laws of the Philippines
B. Service of Summons
2 common kinds of Subpoenas:
1. subpoena ad testificandum - orders a person to testify
before the ordering authority or face punishment. The
subpoena can also request the testimony to be given by
phone or in person.
2. subpoena duces tecum - orders a person or
organization to bring physical evidence before the
ordering authority or face punishment. This is often
used for requests to mail copies of documents to
requesting party or directly to court.
C. Answer of the Respondent
He shall state clearly if he elects to
have a formal investigation of
charges or to have a formal
investigation of charges or to have
the case decided on the pleadings
D. Hearing or Investigation
 Set within 5 days upon the receipt of the answer of the
respondent by the BOD
 Presided by the chairman to any legal or hearing officer of the
PRC and any member of BOD
 Failure of the complainant to appear – the BOD may dismiss the
complaint for lack of interest or failure to prosecute
 Failure of the respondent to appear – he may be declared in
default
 Declared in default/ Default judgment - is a
binding judgment in favor of either party based on some failure to
take action by the other party. Most often, it is a judgment in favor
of a plaintiff when the defendant has not responded to
a summons or has failed to appear before a court of law.
D. Hearing or Investigation
Order of Hearing
1. The complainant/plaintiff must produce the evidence
on his part
2. The respondent shall then offer the evidence in
support of his case
3. The parties may then respectively offer rebuttal
evidences
4. Concluding arguments will be made by the
complainant or his counsel
D. Hearing or Investigation
Complainant / Plaintiff – is the term used in some
jurisdictions for the party who initiates a lawsuit (also
known as an action) before a court. In other words,
someone who tries to sue. By doing so, the plaintiff
seeks a legal remedy, and if successful, the court will
issue judgment in favor of the plaintiff and make the
appropriate court order (e.g., an order for damages).
Respondent/Defendant - this specifically refers to
the defendant in a legal proceeding commenced by a
petition, or to an appellee, or the opposing party, in
an appeal of a decision by an initial fact-finder.
E. Decision
Shall be in writing and signed by the majority of the
members of the BOD
It contains the findings of facts and the law on which
said decision was based
F. Petition for Reconsideration/Rehearing
Should be filed within 30 days after receipt of decision
Grounds for reconsideration :
1. Fraud, accident or mistake or excusable negligence
2. Newly discovered evidence which would probably alter
the result of the investigation
3. Imposition of excessive penalty or insufficiency of
evidence to justify the decision, or that the decision is
against the law or not in accordance with the facts
presented
Members of the BOD are NOT immune from
administrative cases, PRC may conduct administrative
investigations against any member of the BOD
Philippine Dental Act of 2007 :
“Sec. 10. Suspension and Removal from Office. - Any
member of the Board may, upon the recommendation of the
Commission after due process of law and investigation
conducted by the Commission, be suspended or removed by the
President from office for cause such as neglect of duty, abuse of
power, oppression, incompetence, unprofessional, unethical,
immoral or dishonorable conduct, commission or toleration of
irregularities in the conduct of examination or tampering of
the grades therein, or for any final judgment or conviction of
any criminal offense involving moral turpitude by the court
after having been given the opportunity to defend himse1fl
herself in a proper administrative investigation. “
Thank You