Jurisprudence 101

Jurisprudence 101

Jurisprudence

Embraces all the laws enacted by the legislative body of the state, all rules and regulations promulgated by those in authority, court decisions and formal principles upon which laws are based.

Dental Jurisprudence

Is the science of systematic study which deals with all the laws, rules and regulations as well as legal principles and doctrines governing and regulating the practice of dentistry.

What to Study

Dental Jurisprudence by Asprer Sample PRC Exams Dental Boards Review Sample Exams

How to Study

Understand concepts Memorize on a “need to know basis.”

Need to Know

4 Dental Laws Description Date

Board of Dental Examiners PD 223 Professional Regulation Commission New Dental Law

1st Dental Law Act No. 593

January 10, 1903An Act Regulating the

Practice of Dentistry in the Philippines


Three member Appointed by Commissioner of Public Health Approved by Board of Health Administrative Jurisdiction by Department of Interior Term of Office: 3 years

Board of Dental Examiners


Qualifications: Reputable practitioners Dental graduates recognized by National Association of

Dental Faculties and Dental Examiners of US Member of Faculty is not eligible



All dentists should register with the Board of Dental Examiners

Passed successful examination given by Board established by Provost Marshall General

Does not apply to Dental Surgeons from US Army Resident in the Philippines prior to passage of act Cirujanos Ministrantes Examination: January and July

Examination and Registration of Dentists


Diploma of Dental Medicine or Doctor of Dental Surgery Passed a satisfactory examination before the Board

Issuance of Certificates


Two Members can issue temporary certificate. If the Board will not meet within 30 days

Any person convicted of any criminal offense Person guilty of immoral or dishonorable conduct Unsound mind

Temporary Certificates

Refusal to Issue Certificate

2nd Dental Law Act No. 2462

February 5, 1915“An Act Providing New Regulations for the Examination of

Dentists and Practice of Dentistry in the Philippines”


Appointed by Director of Health Approved by Secretary of Interior Term of office

Appointed every year



Qualifications: Reputable dentists practicing in the Philippines Graduates of any reputable college recognized by

Insular* Filipinos can be board members


Examination: January and December



Diploma of Dental Medicine or Doctor of Dental Surgery 3 year course Passed a satisfactory examination before the Board Good Moral Character



Any person convicted of any criminal offense involving moral turpitude Person guilty of immoral or dishonorable conduct Unsound mind

Refusal to Issue Certificate


No provision for Cirujiano Ministrante Granted better privileges to undergraduates

Undergraduate with 3 yrs of dental practice Undergraduate with less than 3 years of practice Undergraduate with less than 3 yrs of practice but

passed a post graduate course

3rd Dental Law Act No. 2711

March 10, 1917“ The Revised Dental Law”


Qualifications Reputable practicing dentists Graduates of reputable colleges No dentist was eligible for appointment who was a

member of faculty of any school, college, university where any branch of odontology was taught or who had any percuniary interest in such institution



Reciprocity Provision No foreign dentist was to be admitted to an examination

unless the country of which he was a citizen permitted Filipinos to practice

Examination and Registration


Qualifications Addition of cultural subjects Increase from three year course to four year course

All candidate should be at least 21 years old



4th Dental Law Act No. 417

June 18, 1949Changes

More powers granted to the BoardThe qualification increased from one year to three yearsCompensation no longer necessary to practice dentistry


Appointed by President of the Philippines Upon recommendation of Commissioner of Civil

Service (Executive Officer of the Board)Term 3 years



Duties: Administer oath to successful candidates To issue or reissue certificates of registration To suspend or revoke certificates To investigate violation of this act To compel attendance of violators and witnesses To inspect dental schools To promulgate necessary rules and regulations To set professional standards To look from time to time into conditions affecting dental practice To discharge other necessary duties



Qualifications: Citizen and Resident of Philippines Holder of DDM or DDS At least 30 yrs of age Registered Dentist At least 10 years of practice Not be a member of any school, college or university Be of recognized standing in profession Be academically and morally fully qualified by prof. org.



Considered dental practice even without compensation

Examination: June and December



QUALIFICATION Two year pre-dental courseScope of Examination Practical and Written ExaminationRefusal to Issue Certificates Person convicted by court of any criminal offense involving moral

turpitude Person guilty of immoral or dishonorable conduct Of unsound mind Communicable or contagious disease


RA 4419 The Philippine Act of 1965

“ An Act to Regulate the Practice of Dentistry in the Philippines”

(June 19, 1965)


Objectives: Regulation, control, and supervision of practice of dentistry

in the Philippines Giving of licensure examinations Regulation and stipulation of dental education Promotion and development of dental research Stipulation of penalties


Implementation Board of Dental Examiners Board of Dentistry Council of Dental Education Council of Advancement of Dental Research

Composition Three members Five Members Appointed by the President of the Philippines Certified by the PDA and or other dental assoc. Recommended by constituent chapter societies. Confirmed by Commission on Appointments Term: 5 years

Member serving the last year shall be Chairman of the Board

Board of Dentistry


Amended RA Act of 1965 PRC shall submit and recommend to the President

of the Philippines nominees for appointment. Presidential Decree 223 June 22, 1973 Three-man commission Term of nine years

Presidential Decree 223


QUALIFICATIONS Natural born citizen Duly Registered Citizen At least 10 years practice Not a member of the faculty of any school Not connected in any capacity with any business enterprise Member of good standing of the Philippine Dental Assoc for

the last 5 years

Board of Dentistry


QUALIFICATIONS Natural born citizen Duly Registered Citizen At least 10 years practice Not a member of the faculty of any school Not connected in any capacity with any business enterprise Member of good standing of the Philippine Dental Assoc for

the last 5 years

Board of Dentistry


Is a writ of which the government begins its action to recover an office or franchise from the person or corporation in possession of it

Other ways: Expiration of term of office Resignation Abandonment of office Death Abolition of office Forfeiture by operation of some provision of law

Quo Warranto


Summon Notice to respondent that an action has been

commenced against him Requires him to answer within a specified time

Definition of Terms


Subpoena Process directed to a person requiring him to attend

and testify at the hearing or trial of an action

Subpoena duces tecum Things a person needed to bring with him under his

control

Definition of Terms


Added Prerequisite for practice of dentistry A certificate of registration Permanent residency in the Phil for at least 3 yrs.

Persons Excluded from Practice of Dentistry Artisans or Technicians Dental Students Dental Hygienist



Exemption from Registration Commissioned dental officers of army, navy and air

forces of any foreign country rendering dental services to member of forces only

Dental surgeons from other countries invited for demo or consultation not exceeding 30 days



Qualifications for admission to examination Citizen of the Philippines Good Moral Character At least 2 yrs pre-dentistry course Holder of DMD or DDSIncluded in the list of certified list of graduates



The New Dental LawPhilippine Dental Act of 2007

RA 9484An Act to regulate the practice of Dentistry, Dental

Hygiene and Dental Technology

Philippine Dental Act of 2007

Repeals RA4419 and RA 768

RA 4419 / Philippine Dental Act of 1965 Act to regulate the practice of dentistry in the Philippines

RA 768 Act to regulate the practice of dental hygienists in the Philippines

RA 9484

OBJECTIVES Regulation control and supervision of the practice of

dentistry, dental hygiene and dental technology in the Philippines

Accreditation of various specialties of dentistry Promotion and Development of continuing education Enforcement of Code of Ethics and Code of Dental Practice

RA 9484

DEFINITION AND SCOPE OF PRACTICE Dental Hygienist

Holder of a valid certificate of registration and professional identification card

Undergone a TWO year course in dental hygiene from a govt recognized school under a college of dentistry

Passed the prescribed board examination for dental hygienist

RA 9484

DEFINITION AND SCOPE OF PRACTICE Dental Technician

Holder of valid certificate of registration and professional identification card

Renders technical services under supervision of a licensed dentist Finished a TWO year certificate course in dental technology from

any govt recognized school

RA 9484

PROFESSIONAL REGULATORY BOARD OF DENTISTRY Appointed by the President f the Philippines Recommended and ranked by PRC Nominated by accredited and professional organization

Powers and Function of the Board

1. Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of this act.

*** 4419 created 3 agencies to implement the act: Board of Dental Examiners Council on Dental Education Council on Advancement of Dental Research

*** No need for approval from Commissioner of Civil Service


2. Administer oaths in connection with the administration of the act

3. Study the conditions affecting the practice of dentistry, dental hygiene and dental technology in the Philippines

4. Adopt or recommend such measures or discharge such duties as may deemed proper for the advancement of the profession and the vigorous enforcement of this act


5. Ensure that all educational institutions offering dentistry, dental hygiene, and dental technology comply with the policies, standards and requirement of the course prescribed by CHED or TESDA in areas of curriculum, library and facilities

*** In coordination with CHED and TESDA***TESDA (Technical Education and Skills Development Authority)


6. Supervise, regulate the registration, licensure and practice of dentistry, dental hygiene and dental technology in the Philippines.

7. Adopt an official seal of the Board8. Issue, reinstate or revoke certificate of registration and

professional identification card or cancel special permits for the practice of dentistry, dental hygiene and dental technology


9. Prescribe and adopt a Code of Ethics and a Code of Dental Practice for the practice of dentistry, dental hygiene and dental technology


10. Prescribe guidelines and criteria in the Continuing Education (CPE) Program for dentistry, dental hygiene and dental technology

*** 4419 – no regulations on CPE Program


11. Hear or investigate any violation of this act, its implementing rules and regulations, and the Code of Ethics for dentists as shall come to the knowledge of the Board and for this purpose issue a subpoena duces tecum to secure appearance of witnesses and the production of documents in connection therewith.


12. Accredit various specialties, dental societies/ organizations

Qualification of Members of the Board Natural born citizen and resident of Philippines Duly registered dentist in Phil. With valid registration and professional

card Be a member of good standing of the accredited professional

organization for last 5yrs Member of Board may not qualify in any position or serve as officer

during her incumbency At least 10 yrs. as dentist and preferably with 3 yrs teaching experience Not a faculty of any school, college or university Not connected in any capacity with any business enterprise

Tenure of Office

From 5 years to 3 years May be reappointed for another term All appointments as chairman should be approved

by President.

Licensure and Registration

Dentistry Completed a refresher course after failing 3 consecutive

licensure exams. Foreigners with foreign reciprocity Graduate of recognized university with degree of doctor

of dental medicine or its equivalent


Dental Hygiene Completed a refresher course after failing 3 consecutive

licensure exams. Finished 2-year certificate in dental hygiene with college

registered with TESDA


Dental Technology Completed a refresher course after failing 3 consecutive

licensure exams. Finished 2-year certificate in dental technology with

college registered with TESDA Undergone on the job training in registered dental

laboratory for at least 6 months


Rating and Report in Results in Examinations Obtain a general weighted average of:

At least 75% with no rating With no rating below 50% in any subject

Board to submit commission the ratings within 20 days after last day of examination


OATH Successful examinees or registrants shall be

REQUIRED to take a professional oath before any member before they start their practice

*** 4419 – no registrant under 21 yrs old shall be issued a certificate. New law has no provisions.

Registration w/o Examination for Dental Hygienists and Technologists

Person who possesses equivalent qualifications for MAY BE REGISTERED WITHOUT EXAMINATION

Provided the applicants FILES with the Board within 3 years after effectivity of the act.

Registration w/o Examination for Dental Hygienists and Technologists

Submit credentials: Certificate in dental hygiene or technology by recognized

institution Had at least 3 years of actual experience as dental hygienist and

technician in licensed dental clinic or laboratoryOR Practicing as dental hygienist or technologist for at least 5 years

in licensed dental laboratory or clinic Attended a training course given by institution accredited by

TESDA

Continuing Professional Education

Implementation: PRC Board in collaboration with accredited professional

organization With guidelines of the Continuing Professional Education Council

of the Commission

Exemption: May be applied at age 65.

Integration

Dentists, dental hygienists and technologists will be integrated into 1 national organization

Organization will be recognized by the Board as the one and only integrated association in which ALL dentists, dental hygienists and technologists belong.

Registration with Board shall automatically become a member of national organization.

Roster of Dentists, Hygienists and Technologists

Board with APO shall maintain a roster of name, residences and addresses of dentists, hygienists, and technologists

Make this roster available to public upon request.

Definition of Terms

Definition of Terms

It is the general law of the land, a law which hears before it condemns, which proceeds upon inquiry and renders judgement only after trial

a. Due Process of Lawb. Constitution Lawc. Administrative Lawd. Criminal Law

Definition of Terms

The person accused in court of having committed a crime is called

a. Plaintiff b. Witnessc. Respondentd. Complainant

Definition of Terms

The person who initiates a lawsuit against another is called the:

a. Respondentb. Plaintiffc. Defendantd. Accused

Definition of Terms

A person called to appear before a court or investigation to ascertain the truth of events or authenticity of documents brought before tribunal through his testimony

a. Accusedb. Accuserc. Complainantd. Witness

Definition of Terms

A notice to the respondent that an action has been commenced against him requiring him to answer within a specific time and informing him of the date and time of the investigation. It shall be served to the accused within 5 days from filling of the complaint

a. Summonsb. Subpoena Duces Tecumc. Search Arrestd. Subpoena

Definition of Terms

When the court orders a person to appear during a hearing to act as witness, it will issue an order called

a. Warrant of Arrestb. Summonsc. Subpoena Duces Tecumd. Subpoena

Definition of Terms

An order issued when the court requires the dentist to testify and bring also the patient’s record for the hearing

a. Warrant of Arrestb. Summonsc. Subpoena Duces Tecumd. Subpoena

Definition of Terms

If the Board refuses to admit to the licensure examination an applicant who has all the qualifications for admission and none of the disqualifications and refusal is due to whimsical reasons, what judicial remedy will compel the Board to issue the certificate?

a. Prohibitionb. Injunctionc. Certiorarid. Mandamus

Definition of Terms

It is a writ by which the govt begins its action to recover an office or franchise from a person/corporation in possession of it.

a. Petition for Reviewb. Quo Warrantoc. Mandamusd. Injunction

Definition of Terms

It is a writ or order requiring a person to refrain from a particular act or requires the performance of a particular act.

a. Mandamusb. Prohibitionc. Injunctiond. Certiorari

Definition of Terms

A preventive remedy, to refrain the doing of some act about to be done and not intended to provide a remedy for acts already accomplished


Definition of Terms

A writ or order issued from a superior court to an inferior court commanding the latter to send up the record of a particular case where a question of jurisdiction of the same or irregularity of its proceeding is raised


Definition of Terms

A person who with knowledge of the criminal intent,, cooperates by previous or simultaneous acts by supplying material or moral aid in the execution of the offense also known as “accessory before the fact.”

a. Conspiratorb. Witnessc. Principald. Accomplice

Definition of Terms

A person who may either participate directly or by direct force/inducement or by indispensable cooperation in a crime is called:

a. Conspiratorb. Witnessc. Principald. Accomplice

Definition of Terms

A person who having knowledge of the commission of the crime and without having participated therein take part subsequent to or following its commission:

a. Principalb. Accessoryc. Eye Witnessd. Accomplice

Definition of Terms

A crime done by a group of persons who all cooperate to perform a crime is called

a. Accompliceb. Accessoryc. Conspiracyd. Principal

Definition of Terms

The burden of proof to prove negligence by the dentist is on the

a. Patientb. Dentist himselfc. Patient and Dentistd. Dentist’s Lawyer

Definition of Terms

It is a failure to observe and apply for the protection of the interest of another person, a proper degree of diligence, judgment, skill and care to a dental procedure in accordance with contemporary dental practice.

a. Neglect of Dutyb. Negligencec. Moral Turpituded. Incompetency

Definition of Terms

A person who is professionally acquainted with the science of practice in question or one who is conversant in the subject matter on questions of science, skill, and trade.

a. Principalb. Ordinary Witnessc. Expert Witnessd. Accessory

Definition of Terms

Act is so obviously due to negligence that expert testimony is no longer needed. Also known as Common Knowledge Doctrine or The Thing Speaks for Itself

a. Res Ipsa Loquitorb. Quasi-Contractc. Felonyd. Immoral Conduct

Definition of Terms

It is a meeting of the minds between two persons whereby one binds himself with respect to the othe, to give something or to render some service

a. Contractb. Compensationc. Obligationd. Duty

Definition of Terms

Dentist agrees to make a denture for his patient for P20,000 upon delivery. This is an example of:

a. An implied contractb. A voidable contractc. An expressed contractd. A void contract

Definition of Terms

It is a defamation committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, or theatrical or cinematographic exhibition or any similar means

a. Slanderb. Libelc. Imprudenced. Testimony

Definition of Terms

Oral defamation or intentionally defaming someone orally is known as

a. Slanderb. Libelc. Imprudenced. Testimony

Definition of Terms

A dentist who forcibly administer gas and extracts teeth without the consent of the patient who has been sent by a fellow practitioner simply for an x-ray exam shall be held liable for:

a. Negligenceb. Unprofessional Conductc. Technical Assaultd. Illegal Practice

Illegal Practice

Criminal offense committed by a person not necessarily dentist or by a dentist in practicing the profession without first being authorized in accordance with the Dental Act

Acts constituting Illegal Practice

1. Person practicing without a certificate of registration Artisans Charlatans Spiritistas Dental Technicians Undergraduates of dentistry Underboard persons Foreigners not covered by reciprocity agreements Dentists with licenses suspended or revoked Person practicing not lawfully authorized


2. Any person presenting as his own the certificate of registration of another Principals Accomplices Accessories


3. Any person who shall give any false or forged evidence to the Board in obtaining a certificate of registration.

4. Any person who shall impersonate any registrant of like or different name

5. Any person who shall use a revoked or suspended certificate or registration

6. Any person who shall use or advertise a title or degree without having been conferred by a university

Malpractice

Act involving ignorance, negligence, unskillfullness or moral turpitude resulting in some injury to the patient.

Makes dentist or doctor criminally liable.

Malpractice

Essential Elements of Malpractice Failure on part of the dentist to properly perform his

duty due to his ignorance, negligence, unskillfullness or moral depravity

Injury to the patient resulting from the said improper performance of the duties by the dentist

Malpractice Vs Illegal Practice

Done by duly licensed professional

Res Ipsa loquitor(The thing speaks itself)

Plaintiff who seeks to recover damages burden of proof in showing negligence of defendant

Committed by a person who practices the profession without the professional license issued by proper authorities

Negligence

Omission to do something which a reasonable man would do or the doing something which a prudent and reasonable man would not do.

Failure to apply a proper degree of diligence, judgement, skill and care.

Documents

Jurisprudence 101