Medical Jurisprudence Reviewer

7/25/2019 Medical Jurisprudence Reviewer

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer

PART IBackround!Introduction

I. "efinition of Medical JurisprudenceA. "ifferentiate from #eal Medicine and $orensic Medicine

Medical

Jurisprudence

#eal Medicine $orensic Medicine

A specialized area oflegal practiceconcerned with therelationship betweenmedicine and the law.-Scientific use of legaland paralegalspecialties in thepursuit of justice incourt proceedings inthe protection of thepublic from medical

negligence ormalpractice-application of theprinciples of law as theyrelate to the practice ofmedicine, to theobligations of thepractitioner to hispatient, and to therelations of physiciansto each other and tosociety in general-branch of medicine

dealing withorganization andrelations of MedicalProfession; duties andcontractual obligationbetween practitionersand patients-aw

!he professional andacademic disciplinewhich concerns itselfwith legal aspects ofmedical science,medical practice, andother health caredeli"ery problems-includes both forensicmedicine and medical

jurisprudence

A specialized area ofmedical practiceconcerned with therelationship betweenmedicine and the law.-subspecialty ofpathology-Medicine

II. Role!Purpose of Medical JurisprudenceA. #ause of Action$. %efense#. &"idence

III. Branc%es of #aw w%ere MedJur!#eal Medicine ma& 'e appliedA. (ivil #aw and $amil& (ode). "etermination and termination of civil personalit&Art*+. $irth determines personality-concei"ed child shall be considered born for all purposes that arefa"orable to it, P'()*%&% it be born later with the conditions specified in

the following articleArt*). +or #*)* P'P(S&S+etus considered born if it is ali"e at the time it is completely deli"eredfrom the mothers womb.-if */!'A-!&'*/& *+& (+ 0 M(/!1S *t is not deemed born if it dies w2n34h after its complete deli"ery from the maternal wombArt*,. #i"il personality e5tinguished by %&A!1&ffect of death upon the rights and obligations of deceased is determined6by law6by contract6by willArt*. %($! between 37 persons who are called to succeed each other,as to which died first, whoe"er alleges the death of one prior to the other,

shall pro"e the same6presumption %*&% A! !1& SAM& !*M&, no transmission of rights fromone to the other

,. #imitation or restriction of a natural persons capacit& to actArt/. M&'& '&S!'*#!*(/S on capacity to act 8do not e5empt theincapacitated person from certain obligation 9 e.g. arise from his acts orfrom property relations:Minority*nsanity*mbecilityState of being a deaf-muteProdigality#i"il *nterdictionArt0. Modify or imit #apacity of Actageinsanityimbecilitystate of being a deaf-mutepenaltyprodigality family relationsalienageabsenceinsol"encytrusteeship#ircumstances go"erned6/##

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer6other codes6'(#6special laws#apacity to act is not limited on account of religious belief2political opinionMarried woman 7 3<7 y.o. = >ualified for all acts of ci"il life? specified cases by law

. T%e marriae and leal separation*. Paternit& and $iliation$efore $lood !ype 9 but conclusi"e only of /(/PA!&'/*!@ 8would pro"ethat youre not related:/ow %/A

2. Tetamentar& (apacit& of a person makin a will

B. (riminal #aw). (ircumstances affectin criminal lia'ilit&-Age of accused-ju"enile ustice Act

,. (rimes Aainst Persons. (rimes aainst (%astit&

(. Remedial #aw<. Physical and Mental &5amination of a Person 8'3B:3. Proceedings for hospitalization of an insane person 8'<C<:D. 'ules on &"idence

". 3pecial #aws<. #omprehensi"e %angerous %rugs Act !est E(/ person positi"e forS$S!A/#& A$S&3. *nsurance aw !est E(/ person insurable6D. abor #ode +itness to worFG4. &mployees #ompensation awH. Anti-"iolence against Eomen and their #hildren Act of 3CC4I. u"enile ustice and Eelfare Act of 3CCI

Part II45A#T4 #A63 7$ T45 P4I#IPPI853

I. 45A#T4 PR7$533I78A#3 9)2:). P4;3I(IA8 9RA ,/, < M5"I(A# A(T 7$ )020= A3 AM58"5":3ection )+. Acts constitutin practice of medicine. J8a: who shall,6 for compensation, fee, salary or reward in any form, paid to him directlyor through another, or even without the same,>9P5"TR7P:

physically e5amine any person, anddiagnosetreatoperateprescribe any remedy for any human disease, injury, deformity, physical,mental or physical condition or ailment, real or imaginary, regardless of the

nature of the remedy or treatment administered, prescribed orrecommended;8b: who shall, by means of signs, cards, ad"ertisements, written orprinted matter, or through the radio, tele"ision or any other means ofcommunication, 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;8c: who shall use the title M.D. after his name.Maam 8with regard prescription of drugs: if a pharmacist in a drugstoreprescribes a drug e"en if he is not a registered physician, he may be heldliable for illegal practice of medicine

3ection )). 5?emptions 9not deemed as practicin:. 8a: any medical student6duly enrolled in an appro"ed medical college or school under training,6ser"ing without any professional fee in any go"ernment or pri"atehospital,6provided that he renders such ser"ice under the direct supervisionand control of a registered physician;8b: any legally registered dentist engaged e5clusi"ely in the practice ofdentistry;8c: any duly registered masseur or physiotherapist ,6pro"ided that he applies massage or other physical means upon writtenorder or prescription of a duly registered physician,6or pro"ided that such application of massage or physical means shall belimited to physical or muscular development ;8d: any duly registered optometrist 6who mechanically fits or sells lenses, artificial eyes, limbs or other similarappliances6or who is engaged in the mechanical examination of eyes for the purpose of constructing or adjusting eye glasses, spectacles and lenses;8e: any person who renders any ser"ice gratuitously in cases ofemergency ,6or in places where the ser"ices of a duly registered physician, nurse ormidwife are not a"ailable;8f: any person who administers or recommends any householdremedy as per classification of e5isting Pharmacy aws; and8g: any psychologist or mental hygienist in the performance of hisduties,

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer6pro"ided such performance is done in conjunction with a duly registered physician.

,. 8@R35 9RA 0) < P4I#IPPI85 8@R3I8G A(T 7$ ,++,:3ection ,/. 3cope of 8ursin. - A person shall be deemed to bepracticing nursing within the meaning of this Act when

6he2she singly or in collaboration with another,6initiates and performs nursing services to indi"iduals, families andcommunities in any health care setting.*t includes, but not limited to nursing care during conception, labor,deli"ery, infancy, childhood, toddler, preschool, school age, adolescence,adulthood, and old age.

As independent practitioners, nurses are primarily responsible for thepromotion of health andpre"ention of illness.A members of the health team, nurses shall collaborate with otherhealth care pro"iders for the curati"e, pre"enti"e, and rehabilitati"easpects of care, restoration of health, alle"iation of suffering, and whenreco"ery is not possible, towards a peaceful death.

*t shall be the dut& of the nurse to8a: Provide nursing care through the utilization of the nursing process.8ursin care includes, but not limited to,traditional and inno"ati"e approachestherapeutic use of self-e5ecuting health care techni>ues and proceduresessential primary health carecomfort measureshealth teachings, andadministration of written prescription for treatment, therapies, oral topicaland parenteral medicationsinternal e5amination during labor in the absence of antenatal bleedingand deli"ery.*n case of suturing of perineal laceration, special training shall be pro"ided

according to protocol established;8b: establish linkages with community resources and coordination withthe health team;8c: Provide health education to indi"iduals, families and communities;8d: Teach, guide and supervise students in nursing education

programs including the administration of nursing ser"ices in "ariedsettings such as hospitals and clinics; undertaFe consultation ser"ices;engage in such acti"ities that re>uire the utilization of Fnowledge anddecision-maFing sFills of a registered nurse; and8e: Undertake nursing and health human resource developmenttraining and research, which shall include, but not limited to, thede"elopment of ad"ance nursing practice;

Pro"ided, !hat this section s%all not appl& to nursing students whoperform nursing functions under the direct super"ision of a >ualifiedfacultyPro"ided, further, !hat in the practice of nursing in all settings, t%e nurseis dut&-'ound toobser"e the #ode of &thics for nurses and

uphold the standards of safe nursing practice.to maintain competence by continual learning through continuingprofessional education to be pro"ided by the accredited professionalorganization or any recognized professional nursing organization Pro"ided,finally, !hat the program and acti"ity for the continuing professionaleducation shall be submitted to and appro"ed by the $oard.

. "58TI3T 9RA **)0-P4I#IPPI85 "58TA# A(T 7$ )02:3ection )* "efinition of Practice of "entistr&. - A person shall beregarded as engaged in the practice of dentistry or rendering dentalser"ice, within the meaning and intent of this Act, 6who shall, for a fee,salary, compensation, or any form of reward, paid to him or throughanother, or even without such compensation or reward,

perform any operation or part of an operation,6upon the human mouth, jaw, teeth and surrounding tissue; prescribe drugs or medicines for the treatment of oral diseases andlesions; orcorrect malpositions of the teethPro"ided, howe"er, !hat this pro"ision s%all not appl& to 8not deemed aspracticing:artisan or technicians engaged in the mechanical construction of artificialdentures or fi5tures and other oral de"ices,6as long as none suc% procedures is done inside t%e mout% of thepatient,students of dentistry undergoing practice training in a legally constituteddental school or college6under the direction or super"ision of a member of the faculty who is dulylicensed to practice dentistry in the Philippines; orregistered dental hygienist ser"ing as dentistsK assistants who may beallowed to perform oral prophylaxis and such other procedures which thelaw regulating the practice of dental hygienists may permit.

3ection )2 5?emption from Reistration 9no need to reister=t%ou% practicin:. - #ertificates of registration shall not be re>uired of

8<: commissioned dental officers of the army, na"y and air forces ofany foreign country,

6whose operations in the Philippines are permitted by theGovernment ,6while rendering ser"ices as such for the members of said forces only;and of

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83: dentist or oral surgeons from other countries6who are invited for consultations or demonstrations,6Pro"ided, that in such cases their worF shall be limited to the specifictasks assigned to them and6Pro"ided further, that a previous authority has been granted bythe board of %ental &5aminers who shall ha"e been the discretion to

determine the duration of said authority, but in no cases shall it e5ceedthe period of thirty days.

Maam Leneral %entist any teethPendodontis 8G:&ndodontis8G: root canal *. P4ARMA(I3T 9RA 20,) < A(T R5G@#ATI8G T45 PRA(TI(5 7$ P4ARMA(; :35(TI78 ,. "efinition of practice of p%armac&. - A person shall bedeemed to be practicing pharmacy within the meaning of this Article,6who shall, for a fee, salary, percentage or other reward paid or gi"endirectly to himself or indirectly through another,8<: PMAAP3"3prepare or

manufacture,analyze,assay,preser"e,store,distribute orsellany medicine, drug chemicals, cosmetics, pharmaceuticals, de"ices orcontri"ances used in pursuance thereof; or83: render pharmaceutical service in any office or drug and cosmeticestablishment6where scientific, technological or professional knowledge of pharmacy isapplied; or8D: engage in teaching scientific, technological or professional pharmacysubject in a college of pharmacy; or84: conduct or undertaFe scientific pharmaceutical research for biologicaland bacteriological testings and e5aminations.

/(! deemed practicing pharmacy persons performing eecutivemanager or administrative functions and their subordinate personnelemployed in the pharmaceutical laboratories

2. M5"I(A# T5(487#7GI3T 9RA 22, < P4I#IPPI85 M5"I(A# T5(487#7G; A(T:3ection ,9a: CMedical Tec%nolo&C. J An au5iliary branch of laboratory medicine6which deals with the examination by "arious chemical, microscopic,bacteriologic and other medical laboratory procedures or techni>ue

6which will aid the physician in the diagnosis, study and treatment ofdisease and in the promotion of health in general.Maam lab person9': CPat%oloistC. J A duly registered physician 6who is specially trained in methods of laboratory medicine,

6of the gross and microscopic study and interpretation of tissues,secretions and excretions of the human body and its functions 6in order todiagnose diseasefollow its coursedetermine the effecti"ity of treatmentascertain cause of deathad"ance medicine by means of research.9c: CMedical Tec%noloistC. J A person who engages in the worF of medical technology6under the super"ision of a pathologist or licensed physician authorizedby the department of health in places where there is no pathologist and6who having passed a prescribed course 8$achelor of Science in

Medical !echnology2$achelor of Science in 1ygiene: of training ande5amination6is registered under the pro"ision of this Act.9d: CMedical Tec%nicianC. J A person who not being a graduate of $achelor of Science in Medical

!echnology2$achelor of Science in 1ygiene,6but ha"ing passed the corresponding civil service eamination,6performs the worF of medical technology under the super"ision of aregistered medical technologist and2or >ualified pathologist.

. D5T5RI8ARIA8 9RA 0,/ < T45 P4I#IPPI85 D5T5RI8AR; M5"I(I85 A(T 7$ ,++*:3ec. ,0. Acts of (onstitutin Practice of Deterinar& Medicine. - Aperson who is6authorized to practice "eterinary medicine under this Act6shall append or cause to be appended to his name the letters%.).M. 8%octor of )eterinary Medicine:)..M. %. 8)eterinary Medical %octor:%.).S.8%octor of )eterinary of Science:,6the words)eterinarian )eterinary Surgeon)eterinary %entist,)eterinary any other initial or title6implying >ualification to practice, offer or render, for a fee or otherwise,services such as8a: !DT"PD the e5amination and2or diagnosis, treatment, operation of,or the prescribing and dispensing of any remedy for, any injury to or

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewerdiseases, ailment or deformity of animals;8b: attesting for official or commercial purpose to the health of anyterrestrial, a>uatic, domestic or non-domestic animals;8c: rendering "eterinary technical ser"ices which indirectly affect thehealth and welfare of human beings and animals;8d: attesting to the fitness for human consumption of animal

products and by-products;8e: holding of any job or position in a public or pri"ate entity whichre#uires knowledge of or skill in veterinary medicine $any% sokahit &!" ka ng 'ayer veterinary ka(); or8f: teaching or lecturing of "eterinary clinical subjects in the curriculumof the degree in "eterinary medicine.Pro"ided, !hat the enumeration of the abo"e practices or ser"ices in thisSection s%all not 'e construed as e?cludin any other worF re>uiringFnowledge and application of professional "eterinary medicine which the$oard may specify, upon the recommendation of accredited professionalorganization in )eterinary Medicine.

3ec. +. @nlawful Practice of Deterinar& Medicine. - *t shall be

unlawful for any person to practice "eterinary medicine and any of itsallied branches, including "eterinary dentistry, without a valid andeisting &ertificate of *egistration and Professional +dentification&ard issued by the $oard of )eterinary Medicine and the #ommission.

. P4;3I(A# A8" 7((@PATI78A# T45RAPI3T 9RA 2/+ < P4I#IPPI85 P4;3I(A# A8" 7((@PATI78A# T45RAP; #A6:3ection ),. In%i'ition Aainst t%e Practice of P%&sical T%erap& and7ccupational T%erap&.- /o person shall practice or offer to practicephysical therapy and occupational therapy in the Philippines as defined inthis Act, without the prescription of a duly registered physician and a "alidcertificate of registration as a physical therapist or an occupationaltherapist, as the case may be issued by the $oard of &5aminers for

Physical !herapists and (ccupational !herapists.A person shall be deemed to be practicin p%&sical t%erap& within themeaning of this Act,6who for a fee or other consideration6applies or ad"ises the use of %eat= cold= li%t= electricit& or ot%ermeans for the treatment or pre"ention of disorders or neuro-muscular ormusculoskeletal systems of the human body6or subject a patient to passive mobilization or physical rehabilitationprocedures repeatedly.A person shall be deemed to be practicing occupational t%erap& withinthe meaning of this Act,6who for a fee or other consideration,6applies or ad"ices the use of the treatment or prevention of disorders ofthe physical or psychological formation of the human body ,

6or subjects a patient to occupational therapy procedures repeatedly./ote %efined in 3ection ,E 3ection ), pro"ides for the illegal practiceof P!2(! w2o registration

3ection ). 5?emptions 9(ould practice even if not reistered:- 8a: any registered physician;

8b: any physical therapy and occupational therapy student as part of theirundergraduate training in an appro"ed school, college or uni"ersity forphysical therapy and occupational therapy, as the case may be;8c: all physical therapist who are already in the government servicewho became eligible by "irtue of the testimonial e5amination gi"en by the#i"il Ser"ice #ommission on %ecember 3N, <NI0 in the #ity of Manila.

/. RA"I7#7G; T5(487#7GI3T 9RA *) < RA"I7#7GI( T5(487#7G; A(T 7$ )00,:3ec. 2. Practice of Radiolo& Tec%nolo&. J !he practice of radiologictechnology shall include any and all acts by which one renders, furnishes,or contracts to render or furnish professional ser"ice as a radiologictechnologist.A radioloic tec%noloist shall also be considered in the practice of his

profession6if the nature and character of his employment re#uires professionalknowledge in the art and science of radiologic technology,7and such employment or position re>uires that the holder thereof be aradiologic technologist./othing in this Act shall be construed to dis>ualify other professionals dulyregistered with the Professional 'egulation #ommission from performingany of the acts abo"ementioned Pro"ided, !hat under the law or lawsgo"erning their respecti"e professions, they may perform the said actsPro"ided, further, !hat no person shall use the title *adiologicTechnologist or any other tit le con"eying the impression that he is aradiologist technologist without having been issued a certificate ofregistration as radiologic technologist by the #ommission in themanner pro"ided in this Act.Maam "s. 'A%*((L*S! doctor

0. 7PT7M5TRI3T 9RA /+2+ < R5DI35" 7PT7M5TR; #A6 7$ )002:3ec. *. Acts (onstitutin t%e Practice of 7ptometr&. J Any of thefollowing acts constitute the practice of optometry8a: !he eamination of the human eye through the employment ofsubjecti"e and objecti"e procedures, including the use of specific topicaldiagnostic pharmaceutical agents or drugs and instruments, tools,e>uipment, implements, "isual aids, apparatuses, machines, oculare5ercises and related de"ices, for the purpose of determining the conditionand acuity of human "ision to correct and impro"e the same in accordancewith subsections 8b:, 8c:, and 8d: hereof;

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer8b: !he prescription and dispensing of ophthalmic lenses, prisms,contact lenses and their accessories and solutions, frames and theiraccessories, and supplies for the purpose of correcting and treatingdefects, deficiencies and abnormalities of vision-8c: !he conduct of ocular eercises and vision training, the pro"isionof orthoptics and other de"ices and procedures to aid and correct

abnormalities of human "ision, and the installation of prosthetic de"ices;8d: !he counseling of patients with regard to "ision and eye care andhygiene;8e: !he establishment of offices, clinics, and similar places whereoptometric services are offered; and8f: !he collection of professional fees for the performance of any of theacts mentioned in paragraphs 8a:, 8b:, 8c:, and 8d: of this section.

3ec. 2. Pro%i'ition Aainst t%e @naut%ori1ed Practice of7ptometr&. J /o person shall practice optometry as defined in Section Dof this Act nor perform any of the acts constituting the practice ofoptometry as set forth in Section 4 hereof, wit%out %avin 'een firstadmitted to t%e practice of t%is profession under the pro"isions of

this Act and its implementing rules and regulationsPro"ided, !hat this prohibition s%all not appl& toregularly licensed and duly registered physicians who have received

postgraduate training in the diagnosis and treatment of eyediseasee5amination of the human eye by duly registered physicians in connectionwith the physical e5amination of patientspublic health worFers trained and in"ol"ed in the go"ernmentKs blindnesspre"ention program conducting only visual acuity test and visualscreening.

)+. MI"6I$5 9RA 0, < P4I#IPPI85 MI"6I$5R; A(T 7$ )00,:3ec. ,. Practice of Midwifer& "efined. J !he practice of midwiferyconsist inperforming orrendering, oroffering to perform or render, for a fee, salary, or other reward orcompensation, ser"ices re>uiring an understanding of the principles andapplication of procedures and techni>ues in the supervision and care ofwomen during-pregnancy-labor-puerperium management of normal deli"eries,6including the performance of internal eamination during labore?cept when patient is with antenatal bleeding;health education of the patient, family and community;

primary health care ser"ices in the community, including nutrition andfamily planning in carrying out the written order of physicians with regardto antenatal, intra-natal and post-natal care of the normal pregnant motherin gi"ing immunization, including oral and parenteral dispensing ofo5ytocic drug after deli"ery of placenta, suturing parietal lacerations tocontrol bleeding, to gi"e intra"enous fluid during obstetrical emergencies

pro"ided they ha"e been trained for that purpose; andmay inject Ditamin F to the newborn

Pro"ided, howe"er, !hat this pro"ision s%all not appl& to students in midwifery schools who perform midwifery ser"ice under thesuper"ision of their instructors nor to emergency cases.

)). 8@TRITI78I3T "I5T5TI(3 9RA ),/ < R5G@#ATI8G T45 PRA(TI(5 7$ 8@RTRITI78 A8" "I5T5T(3 I8 T45 P4I#IPPI853:3ection )2. Practice of 8utrition and "ietetics. 8o person shall6offer himself in the Philippines as, or6use the title /utritionist-dietitian or any word, letter, figure, or sign

whatsoe"er, tending to con"ey the impression that he or she is anutritionist-dietitians, or6ad"ertise or indicate in any manner that he or she is >ualified to performthe worF of a nutritionist-dietitian6without holding a valid certificate or registration as issued by the$oard in accordance with this %ecree, unless e5empt from registration aspro"ided under Section << hereof.

3ection ,. "efinitions9c: 8utrition !he science of foods, the nutrients and other substancestherein, their action, interaction, and balance in relation to health anddisease and the process by which the organism ingests, digests, absorbs,transports, utilizes and e5cretes food substances. *n addition, nutritionmust be concerned with certain social, economic, cultural andpsychological implications of food and eating.9d: "ietetics refers primarily to the therapeutic and food serviceaspects of the deli"ery of nutritional ser"ices in hospitals and other healthcare institutions.9e: 8utritionist dietitian A person who is >ualified to practice nutritionand dietetics as pro"ided for under this %ecree.

),. 3A8ITAR; 58GI855R 9RA )* < 3A8ITAR; 58GI855RI8G #A6:3ection ,. "efinition of terms. J !he practice of sanitary engineeringwithin the meaning and intent of this Act shall embrace the followingacti"ities8a: Sanitary surveys, reports, design, direction, management,consultation, and investigation of:

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8<: Eater purification plants, water collection and distribution systems,reser"oirs, drainage and sewer systems, sewage treatment plants,malaria control structures, sewage disposal tanFs, and other structuresfor public health and welfare.83: Projects relating to stream pollution, insect and "ermin control oreradication, rural and camp sanitation, and milF and food sanitation.

8D: Systems for the pre"ention of atmospheric pollution or the controlof indoorr, especially ther or worFing spaces in industrial establishments8industrial hygiene engineering:.

8b: Professional researc% and laboratory worF supporting the acti"itieslisted in subsection 8a:.8c: !he term sanitary engineer as used in this Act shall mean a persondul& reistered wit% t%e Board of 5?aminers for 3anitar&5nineers in the manner as hereinafter pro"ided.

). 37(IA# 67RF5R 9 RA * < A8 A(T T7 R5G@#AT5 T45 PRA(TI(5 7$ 37(IA# 67RF :35(TI78 )+. Practice of social work and appointment as 3ocial6orkers. J

nless e5empt from registration, no person shall practice or offer topractice social worF in the Philippines as defined in this Act, or beappointed as a social worFer or to any position calling for social worFer inany social worF agency whether pri"ate or go"ernmental,without holding a valid certificate of registration as a socialworker issued by the $oard of &5aminers for Social EorFers6pro"ided, that reistration s%all not 'e reuired ofrecognized social worFers or authorities on social worF who are residentsandor citizens of other countries called in for consultations in an agency orworFing with the nited /ations and2or similar international socialagenciesworFers who are employed in social worF agencies at the date of theappro"al of this Act, e5cept those in go"ernment social worF agencieswhose salaries may not be increased or adjusted until they shall ha"epassed the ci"il ser"ice e5amination and >ualified as social worFers inaccordance with the pro"isions of this Actthose who at the time of the effecti"ity of this Act, possess the>ualifications enumerated in Section twel"e and are actually engaged inthe practice of social worF for a period of fi"e years in a social worF agencyrecognized by the #ommunity #hest, #ouncil of Eelfare Agencies,Philippine @outh Eelfare #oordinating #ouncil, or Social EelfareAdministration, if they register as social worFer within a period of one yearafter the appro"al of this Act.

35(TI78 ). As used in this Act8a: C3ocial 6orkC is the profession which is primarily concerned withorgani/ed social service activity

6aimed to facilitate and strengthen basic social relationships and themutual adjustment between indi"iduals and their social en"ironment forthe good of the indi"idual and of society.8b: A Csocial workerC as used in this Act is a practitioner6who by accepted academic training and social worF professionale5perience

6possesses the sFill to achie"e the objecti"es as defined and set by thesocial worF profession,6through the use of the basic methods and techni>ues of social worF8caseworF, group worF, and community organization: which are designedto enable individuals, groups and communities to meet their needs and tosolve the problems of adjustment to a changing pattern of society and,through coordinated action, to impro"ed economic and social conditions,and is connected with an organized social worF agency which is supportedpartially or wholly from go"ernment or community solicited funds.

)*. P@B#I( 45A#T4 67RF5R 9RA +2 < MAG8A (ARTA $7R P@B#I( 45A#T4 67RF5R3:Rule ). 3ection ). !hese 'ules and 'egulations shall co"er all person

engaged in health and health-related worF, employed in all hospital,sanitaria, health centers, rural health units, barangay health station, clinicsand other health-related establishments owned and operate by thego"ernment or its political subdi"isions, regardless of the employmentstatus. Also co"ered are medical and allied professional and supportser"ices personnel.

Rule III. "efinition of terms). Pu'lic 4ealt% 6orkers 9P64: - Persons engaged in health andhealthrelated works. !hese co"er employees in any of the followinga. Any go"ernment entity whose primary function according to its legalmandate is the delivery of health services and the operation of hospitalssanitaria health infirmarieshealth centersrural health unitsbarangay health stationsclinics or other institutional forms which similarly perform health deli"eryfunctions, liFe6clinical laboratories6treatment and rehabilitation centers65-ray facilities and other similar acti"ities in"ol"ing the rendering ofhealth ser"ices to the public; andb. (ffices attached to agencies whose primary function according to theirlegal mandates in"ol"es provision, financing or regulation of healthservices.

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewerAlso co"ered are medical and allied health professionals, as well asadministrati"e and support personnel, regardless of their employmentstatus.

)2. BARA8GA; 45A#T4 67F5R3 9RA // < BARA8GA; 45A#T4 67RF5R3 B585$IT3 A8" I8(58TID53 A(T 7$ )002:

Sec. D. %efinition. - !he term H'arana& %ealt% workers refers to6a person who has undergone training programs under any accreditedgo"ernment and non-go"ernment organization and6who voluntarily renders primarily health care services in thecommunity after ha"ing been accredited to function as such by the localhealth board in accordance with the guidelines promulgated by the%epartment of 1ealth 8%(1:.

III. 5.7. 8o. ,),-re>uires attending physician of anyhospitalmedical clinicsanitarium

other medical establishments-or any other medical practitioner6who has treated any person forKArt,, Mutilation %epri"e person !(!A@ or PA'!*A@ of someessential organ of reproductionKArt, 3erious P%&sical InLuries<. injured person becomesinsaneimbecileimpotentblind6in conse>uence of the physical injuries inflicted3. injured persona. loses the use of speechb. power to hearc. power to smelld. loses an eye2hand2foot2arm2lege. loses use of any such member 8&1!A:f. becomes incapacitated for worF in which he is habitually engagedD. person injured becomesa. deformedb. loses any other member of his bodyc. loses use thereof d. becomes ill or incapacitated for performance of worF in which he ishabitually engaged for more than NCd4. injured person becomes ill or incapacitated for labor for more than DCdArt,* Administerin inLurious su'stances or 'everaes

Art,2 #ess 3erious P%&sical InLuriesa. incapacitated for labor for <Cd or moreb. shall re>uire medical attendance for <C7d

Art, 3li%t p%&sical inLuries and maltreatmenta. incapacitated for labor for <-Ndb. shall re>uire medical attendance for <-Nd

6S1A '&P('! of such treatment promptly

ID. 7t%er #aws on 4ealt% PromotionA. RA 0,// 8ew'orn 3creenin Act of ,++*6any health practitioner whodeli"ersassists*n the deli"ery of a newborn in the Philippines shall,6prior to deli"ery6inform the parents or legal guardian of the newborn of a"ailability,nature and benefits of newborn screeningOperformed 34hours 9 D hours after complete deli"ery*+ PA#&% */ *# tested by 0y.o.

L' new born screening? religious beliefs

B. RA /2+* P%ilippine Aids Prevention and (ontrol Act of)00/ Feep identit& confidential

C. RA , Mana (arta for "isa'led Persons Ri%ts andPrivilees of "isa'led Persons 5ual 7pportunit& to6ork!5duc!4ealt%>

". RA /0/+ 5arl& (%ild%ood (are and "evelopment Act-daycare-health, nutrition, yearly education and social ser"ices program-basic holistic needs of young children from birth to Iy5. RA /2 8ational 4ealt% Insurance Act of )002-financial access to health ser"ices

-pro"ide health insurance co"erage and ensure affordable, acceptableand healthcare ser"ices for all citizens-pay for utilization of health ser"ices by co"ered beneficiaries,purchasing health ser"ices

D. Medical PracticeA. "efinition persons enaed in t%e practice of medicine8a: who shall,6 for compensation, fee, salary or reward in any form, paid to him directlyor through another, or even without the same,>9P5"TR7P:physically e5amine any person, anddiagnose

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsRevieweroperateprescribe any remedy for any human disease, injury, deformity, physical,mental or physical condition or ailment, real or imaginary, regardless of thenature of the remedy or treatment administered, prescribed orrecommended;8b: who shall, by means of signs, cards, ad"ertisements, written or

printed matter, or through the radio, tele"ision or any other means ofcommunication, 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;8c: who shall use the title M.D. after his name.

P57P#5 D. @5BRA#

$ uebral was alleged to ha"e diagnosed, treated and prescribed forcertain diseases suffered by certain patients but was not registered as aphysician. !his was pro"en by &5hibit +-3 showing a document signed bythe #hairman of the $oard of Medical &5aminers wherein he certified thatuebral was not a registered physician.

4 Practice of medicine without license2 certificate of registration is anessential element of the offense charged

P57P#5 D3. 4ATA8I

$ Q%octorR injected "alium 8and others: to the "ictim, while treating herwith her $M, then raped her. 'aid in Q%r.R 1atanis house resulted indisco"ery of "arious drugs, prescription pads and other medicalinstruments. P'# certified that %r. 1atani is not a registered physician. %r.1atani argued, among other things, that there was no proof of payment sohe was not in the practice of medicine.4 aw e5pressly pro"ides that e"en if no payment made, the practice ofmedicine without license is prohibited by law

P57P#5 D3. D58T@RA$ )entura, pre"iously con"icted of illegal practice of medicine, was caughtagain Qpracticing medicineR by subjecting his patients to hot water, andbig bulbs. 1e was not a registered masseur nor a registered physician. 1ealleges that his practice was allowed by L officials through ordinancesand resolutions, and he was allowed by the #hairman of the $oard ofMedical &5aminers to ser"e free in the #entral uzon Sanitarium. 1e alsoargued that he practices physiotherapy by massage through physicalde"ices and upon the recommendation of duly registered physicians4 !here is no such thing as an implied license to practice druglesshealing. State has power to regulate the practice of medicine !he subjectswhere an e5amination is re>uired relate to matters of which a thoroughFnowledge seems necessary for the proper diagnosis of diseases of thehuman body and it is within the police power of the State to re>uire that

persons who de"ote themsel"es to the curing of human ills should possesssuch Fnowledge.

P57P#5 D3. B@58DIAJ5

$ Q%ra.R $uen"iaje, a chiropractic, practiced medicine and hold herself outas a doctor 8through letterheads, signs, ad"ertisement:. She argues that

chiropractic practice is not a practice of medicine; practice of medicine isdifferent from holding herself out as a doctor.4 aw prohibits $(!1 illegal practice of law and illegally ad"ertisingoneself as a doctor 9 merely different ways or means of committing thesame offense of "iolating Medical aw. #hiropractic is a form of practice ofmedicine which re>uired Fnowledge to proper diagnose of diseases of thehuman body A/% *! *S E*!1*/ the police power of the State to re>uire thatpersons who de"ote themsel"es to the curing of human ills should possessuch Fnowledge.Ehere chiropractic is by statute made a form of practice of medicine, aperson holding himself out as a doctor of chiropractic in legal effectrepresents himself to be a doctor

B. A p%&sician s%ould 'elicensed andregistered with P'#L' (nly practice medicine in Philippines *+ a 1(%&' (+ A )A*%#&'!*+*#A!& (+ '&L*S!'A!*(/ duly issued by P'#? Ehere #ertificate not re>uired8a: Physicians and surgeons from other countries 6called in consultation only and e5clusi"ely in specific and definitecases,6or those attached to international bodies or organization assigned toperform certain definite worF in the Philippines6pro"ided they shall limit their practice to the specific worF assigned tothem6and pro"ided further they shall secure a pre"ious authorization from the$oard of Medical &5aminers8b: #ommissioned medical officers of the nited States armed forcesstationed in the Philippines while rendering ser"ice as such only for themembers of the said armed forces and within the limit of their ownrespective territorial 0urisdiction.8c: 1oreign physicians employed as echange professors in specialbranches of medicine or surgery whose ser"ice may in the discretion of the$oard of Medical &ducation, be necessary.8d: Medical students who ha"e completed the first four years ofmedical course, graduates of medicine and registered nurses whomay be gi"en limited and special authorization by the Secretary of 1ealthto render medical ser"ices during epidemics or national emergencieswhene"er the ser"ices of duly registered physicians are not a"ailable. Such

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewerauthorization shall automatically cease when the epidemic or nationalemergency is declared terminated by the Secretary of 1ealth.O4th year medical students still cant use M% after their name, A/% theyha"e to be under the super"ision of a registered physician

DI. Illeal Practice of Medicine 6458 9Res:

a. performs acts under Section <C of the Medical Act of <NHN 8actsconsidered as practice of medicine:b. w2o falling in any of the e5empted acts under Section << 8their acts

would not constitute practice of medicine:c. 7 %(&S /(! 1A)& A P'(P&' *#&/S& 7 #&'!*+*#A!& (+

'&L*S!'A!*(/ !( P'A#!*#& M&%*#*/& in the Philippines from theMedical $oard and P'#

d. /(! a +ilipino 8#onsti:e. /ot below 3< y.o.

A. "ruless 4ealinB. P57P#5 D. D58T@RA 9"R. 6IT4 B@#B3 - P4;3I7T45RAP; : /o such thing asimplied license to practice drugless healing

(. (RI373T7M7

D

. 35( 9768I8G

3T7(F3

:+ apanese stocFholders wanted to in"est on a hospital1 /o law limits sale of hospital shares of stocF to doctors only. (wnershipof such shares doesnt amount to engaging illegally in practice or medicineor nursing.". P57P#5 D. @5BRA# 8Pangasinan faith healer alleges lacF of proof ofnonregistration but prosecution was able to show such: Practice ofmedicine without license2 certificate of registration is an essential elementof the offense charged5. P57P#5 D3. 4ATA8I 9RAPI3T "7(T7R < I8J5(TI78 7$ 3@B3TA8(53- A##5G5" 878PA;M58T: aw e5pressly pro"ides that e"en if no payment made, thepractice of medicine without license is prohibited by law

DII. P%&sician-Patient Relations%ipA. (ontract&lements

8<: consent83: causa8D: subject matter

B. 8aturefiduciaryconsensual(. 8((Art. )+2. A contract is a meeting of minds between two persons

whereby one binds himself, with respect to the other, to gi"esomething or to render some ser"ice.

Art. )+. !he contracting parties may establish such stipulations,clauses, terms and conditions as they may deem con"enient,pro"ided they are not contrary to law, morals, good customs,

public order, or public policy.Art. ))/. 8'&s: !here is no contract unless the following re>uisites

concur

8<: #onsent of the contracting parties;83: (bject certain which is the subject matter of the contract;8D: #ause of the obligation which is established.Art. ))0. #onsent is manifested by the meeting of the offer and the

acceptance upon the thing and the cause which are to constitutethe contract. !he offer must be certain and the acceptanceabsolute. A >ualified acceptance constitutes a counter-offer.

Acceptance made by letter or telegram does not bind the offerere5cept from the time it came to his Fnowledge. !he contract, insuch a case, is presumed to ha"e been entered into in the placewhere the offer was made.

Art. ),,. An offer made through an agent is accepted from thetime acceptance is communicated to him.

D. (%anes patient is treated as a commercial commodit& wit%DAT #aw

5. 6%en does it start "octrine of (onition of (ivil (ontracts

GAR(IA-R@5"A D3. PA3(A3I7

$ 1usband of Petitioner went for an operation to remo"e a stoneblocFing his ureter. 1e died. /$*s autopsy found the lacF of care by theattending physician in administering anaesthesia. Prosecutors Qping-pongedR the case so widow filed case "s. prosecutors with(mbudsman64 Ehen startwhen employedwhen %r. accepted the case, the %r in effect represented that, ha"ing

the needed training and sFill possessed by physicians and surgeonspracticing in the same field, they will employ such training, care andsFill in the treatment of their patients

"5# R73ARI7 D. B58GN78

+ unconstitutionality of Lenerics Act of <NBB une>ual treatment ofgo"t physician; act of prescribing the correct medicine for the patientbecomes the act of the salesgirl at drugstore; generic act impairsobligation of contracts between physician and his patiend1 /o une>ual treatment because all could include brand name;salesgirl merely informs the customer, but does not determine all otherdrug products to ha"e same generic name6no contract results from a consultation between patient andphysician A doctor may taFe in or refuse a patient, just as the patient

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may taFe or refuse the doctors ad"ices or prescription. /( P'*)A!&#(/!'A#! $&!E&&/ %(#!('S A/% PA!*&/! MA@ ()&''*%& !1&P(E&' (+ !1& S!A!& !( &/A#! AES !1A! A'& '&AS(/A$@/&#&SSA'@ !( S&#'& !1& 1&A!1, SA+&!@, L((% ('%&'S,#(M+('!, (' L&/&'A E&+A'& (+ !1& #(MM/*!@

DIII. (ases w%ere t%ere are 87 P4;3I(IA8-PATI58T R5#ATI7834IP9PPR:a. pre-employment physical e5amination to determine whether the

applicant is suitable for worF or not

b. physical e5aminations for the purpose of determining eligibility forinsurance

c. physician appointed by courtd. autopsy 8undead cannot gi"e consent:e. casual >uestionsf. emergency cases 8particularly when the patient is unconscious:g. physical e5amination re>uired by schoolSimilarity not all the re>uisites of a patient-physician contract e5istmostly, not consensual, not fiduciary, not necessarily for a

consideration6

IO. Ri%ts and duties of P%&sician 9as contained in>:A. $ill of 'ights in consti$. !he 1ippocratic (ath#. #ode of Medical &thics of the $oard of Medicine%. #ode of &thics of the Medical Profession, Philippine Medical

AssociationRi%ts R#66P

1. 'ight to refuse treatment? 'A BD44 inade>uacy of medical capability of hospital2clinic6in cases of emergencies, can only refuse treatment if it is also athreat to the life of physician

2. 'ight to limit medical practice specialization, dont need topractice general medicine

3. 'ight to withhold information? criminal cases 7 upon lawful order of the court

4. 'ight of way while responding to an emergency call 8ambulance:

5. 'ight to be paid for ser"ices rendered

O. "uties of P%&sicians to t%eir patientsA. (ode of 5t%ics can 'e summari1ed into *<. %r. possesses Fnowledge and sFill of a"erage physician3. se sFill 7 6 with ordinary diligenceD. &5ercise best judgment

4. (bser"e good faithe.g. self-ad"ertisement, fee to procure referral

(ARI##7 D3. P57P#5

+ 'ude doctor operated on girl suspected to be suffering from appendicitis,Lirl later died. !here were findings that there was an o"erdose of /ubain.

1 8re duties of a physician:should ser"e the interest of patients with greatest solicitude, gi"ing thealways his best talent and sFillattend patients faithfully and conscientiouslysecure all possible benefits that may depend upon his professional sFilland care

OI. Ri%ts of PatientsA. Ri%t to c%oose %is p%&siciane.g. 1ealth Management (rg what about 1M( ordersG Ehen you

chose 1M(, you choose to waive your right to choose a doctorB. Ri%t to treatment? when the physician would be e5posed to harm too

C. Ri%t to informed consent prior to treatment*nformation broadest term enough to freely and "oluntarily gi"e hisconsent 8not necessary to gi"e e5act details that would maFe thepatient hesitate to be operated on:". Ri%t to confidential information'<DC.34 8c:A person authorized to practice medicine, surgery orobstetrics6cannot in a civil case, without the consent of the patient, bee5amined as to anyad"ice or

treatment gi"en by him or any information which he may ha"eac>uired in attending such patient in a professional capacity,6which information was necessary to enable him to act incapacity ,6and which would blacFen the reputation of the patient;? physical injuries 8P% <IN; &( 3<3:, causes of P% ICD

#IM D3. (A+ Psychiatrist from the /ational Mental 1ealth 1ospital whom thepetitioner consulted with for her alleged schizophrenia was presentedby husband who filed for annulment based on mental incapacity as ane5pert witness and /(! as her physician.1 &5pert testimony of a physician based on hypothetical >uestion asto cause of illness of a person whom he has attended is not pri"ileged,

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pro"ided the physician does not gi"e testimony tending to discloseconfidential information related to him in his professional capacitywhile attending to the patient.

!he physician may be considered to be acting in his professionalcapacity when he attends to the patient for curati"e, pre"enti"e, orpalliati"e treatment. !hus, only disclosures which would ha"e been

made to the physician to enable him safely and efficaciously to treathis patient are co"ered by the pri"ilege. <I*t is to be emphasized thatit is the tenor only of the communication that is pri"ileged. !he merefact of maFing a communication, as well as the date of a consultationand the number of consultations, are therefore not pri"ileged fromdisclosure, so long as the subject communicated is not stated.($*!&'!his rule on the physician-patient pri"ilege is intended to facilitateand maFe safe full and confidential disclosure by the patient to thephysician of all facts, circumstances and symptoms, untrammeled byapprehension of their subse>uent and enforced disclosure andpublication on the witness stand, to the end that the physician mayform a correct opinion, and be enabled safely and efficaciously to treat

his patient. *t rests in public policy and is for the general interest of thecommunity.Kelements for privileed communications to appl&8a: the pri"ilege is claimed in a civil cases;8b: the person against whom the pri"ilege is claimed is one dul&aut%ori1ed to practice medicine= surer& or o'stetricsE8c: such person ac#uired the information while he was attendingto the patient in his professional capacity;8d: the information was necessary to enable him to act in thatcapacity; and,8e: the information was confidential and, if disclosed, would blackenthe reputation 8formerly character: of the patient.

F R748 D3. (A

$ husband, who initiated annulment proceedings for psychologicalincapacity against his wife, presented and testified on theconfidential psychiatric evaluation report made by thepsychiatrists consulted by his wife in effort to sa"e the marriage4 the rule on pri"ileged communication between physician andpatient %(&S /(! APP@ if the person testifying is not a personauthorized to practice medicine, surgery, or obstetrics. /or does itapply if the testimony does not ha"e the force and effect of thetestimony of the physician who e5amined the patient and e5ecuted thereport.

&. 'ight to pri"acy and access to communications+. &>ual protection of law

L. 'e"iew medical records and ha"e information e5plained1. #ontinuity of careMaam Pascual pag umalis ung doctor without telling you and youneed treatment, you can sue the doctor

PART III #IABI#ITI53 7$ P4;3I(IA83

I. Administrative #ia'ilitiesA. PRA(TI(5 7$ M5"I(I85 I3 A PRIDI#5G5 A8" 87T A RIG4T. !heState can taFe away the pri"ilege anytime once there are "iolations of thepro"isions of the Medical Act. !he proper "enue is the P'# because it has>uasi-judicial authority.

B. Grounds for reprimand= suspension or revocation of certificateof reistration of t%e p%&sician 9section ,*= Medical Act of )020:<. conviction by a court of competent jurisdiction of any criminal offensein"ol"ing moral turpitude M('A !('P*!%& 8according to jurisprudence: an act of baseness,

"ileness or depra"ity in the pri"ate and social duties which a man owes tofellowmen contrary to accepted and customary rule 6.conduct contrary to justice, honesty6$AS!A MAA */ S& crimes3. immoral or dishonorable conductD. insanity 4. fraud in the ac>uisition of the certificate of registration 8note meronnang certificate:H. gross negligence, ignorance or incompetence in the practice of his orher profession resulting in an injury or death of the patient 8note so asidefrom crim2ci"il case, pede din admin:I. addiction to alcoholic be"erages or to any habit forming drug renderinghim incompetent to practice profession, or to any form of gambling 8+ocuson A%%*#!*(/ di lang madalas uminom, dapat addicted 'atio physicianincompetent to practice medicine if hes in this state:

0. false or extravagant or unethical advertisements wherein other thingsthan his name, profession, limitation of practice. #linic hours, office andhome address, are mentioned 8includes claiming to be >ualified when infact, the person is not 9 person is incompetent:B. performance of or aiding in any criminal abortionN. knowingly issuing any false medical certificate<C. issuing any statement or spreading any news or rumor which isderogatory to the character or reputation of another physician without

justifiable moti"e<<. aiding or acting as a dummy of an un>ualified or unregistered personto practice medicine<3. violation of any provision of the !ode of "thics as appro"ed by PMA

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer(. (%aracteristics of t%e Administrative Proceedins). Presumption of Innocence,. Preponderance of 5vidence. Ri%ts of Respondents 9in eneral= from Medical Act= (onsti andR7(:

8a: presumption of innocence

8b: !o be informed of the nature and cause of the accusation against him.8c: !o be present and defend in person and by counsel at e"ery stage ofthe proceeding8d: !o testify as a witness in his own behalf but subject to cross-e5amination on matters co"ered by direct e5amination. 1is silence shallnot in any manner prejudice him.8e: right against self-incrimination8f: !o confront and cross-e5amine the witnesses against him at the trial8g: secure the attendance of witnesses and production of other e"idencein his behalf 8h: !o ha"e speedy, impartial and public trial.8i: appeal

*. Appeal from Judment3ec. ,= Medical Act of )020. Appeal from Ludment. -deci of $M& final DCd after date of promulgation/&SS appeal w2n DCd period to #ommissioner of #i"il Ser"ice T (ffice ofthe President of Philippines6if final deci not satisfactoryTre"iewTpetition for certiorari8before regular courts:2. Reinstatement3ec. ,= Medical Act of )020. Reinstatement of certificate ofreistration-after 3yrs-if respondent acted in an exemplary manner in the community wherein heresides 7 has not committed any illegal, immoral or dishonorable act

. Penalties3ec. ,/. Penalties.-fine min P<F, ma5 P<CF, subsidiary imprisonment in case of insol"ency-imprisonment min < yr, ma5 H yrs. InLunctions3ec. ,0. InLunctions. -action to enjoin any person illegally practicing medicine from theperformance of any act constituting practice of medicine until thenecessary certificate is secured-if continues to practice illegally, may be punis%ed for contempt-e"en if enjoined, may still be prosecuted criminally2administrati"ely

III. (ivil #ia'ilities of P%&sicians

A. (ivil lia'ilities of p%&sicians under t%e followin cateories). Breac% of (ontractE different from medical nelience,. Diolation of Art. )0= ,+= ,) of 8(( 94uman Relations:Art. )0. &"ery person must, in the exercise of his rights and in the performance of his duties, act with justice, gi"e e"eryone his due, andobser"e honesty and good faith.

Art. ,+. &"ery person who, contrary to law, wilfully or negligently causesdamage to another, shall indemnify the latter for the same.Art. ,). Any person who wilfully causes loss or injury to another in amanner that is contrary to morals, good customs or public policy shallcompensate the latter for the damage.. Tort 9" or 'reac% of leal dut&: < leal wrondoinindependent of t%e contract 9Art. ,) 8((:Art. ,). Ehoe"er by act or omission causes damage to another, therebeing fault or negligence, is obliged to pay for the damage done. Such faultor negligence, if there is no pre-e5isting contractual relation between theparties, is called a >uasi-delict and is go"erned by the pro"isions of this#hapter./ote howe"er that, as we"e learned in !orts and %amages, acts under3<0I still includes acts wherein an e5isting contractual relation may e5ist

III. (riminal #ia'ilities of P%&siciansA. (riminal v. (ivil #ia'ilities

(riminal (ivil6%oseri%ts'reac%ed

Public affect wholecommunity #'*M& orMisdemeanor

*ndi"idual ci"il injuries

#ia'ilit& Penal fine orimprisonment, or both

damages

InLur&reuirment

/one e"en if nobody ishurt, mere e5istence ofnegligence enough

*/'@ is an element

5videncereuired

Luilt beyond reasonabledoubt

Preponderance of e"idence

B. Provisions of t%e RP( w%ic% mention p%&sician as t%ewrondoer). Issuance of false medical certificates 9Art. )*:a. Any physician or surgeon who, in connection with the practice of his profession, shall issue a false certificate; andb. Any public officer who shall issue a false certificate of merit of ser"ice,good conduct or similar circumstances.

!he penalty of arresto mayor shall be imposed upon any pri"ate personwho shall falsify a certificate falling within the classes mentioned in the twopreceding subdi"isions.

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer,. A'ortion 9Art. ,20:- physician or midwife6taFing ad"antage of their scientific Fnowledge or sFill6shall cause an abortion or assist in causing the same.Any pharmacist who,6without the proper prescription from a physician,

6shall dispense any abortive shall suffer arresto mayor and a fine note5ceeding <,CCC pesos.. 3imulation of 'irt%s= su'stitution and concealment ora'andonment of a leitimate c%ild 9Art. *:-!he simulation of births- substitution of one child for another-conceal or abandon any legitimate child with intent to cause such child tolose its civil status Any physician or surgeon or public officer6who, in "iolation of the duties of his profession or office,6shall cooperate in the execution of any of the crimes mentioned in thetwo ne5t preceding paragraphs,6shall suffer the penalties therein prescribed and also the penalty oftemporary special dis#ualification.*. $ailure to report treatment of p%&sical inLuries 9P" )0E 57 ,),:P" )0.). !he attending physician of any 81MS(:61ospital6medical clinic6sanitarium6or other medical establishments,or any medical practitioner ,6who has treated any person for serious or less serious physicalin0uries as those injuries are defined in Articles ,,= ,= ,* and ,2of t%e RP(shall report the fact of such treatment Tpersonally

Tor by fastest means of communication6to the nearest Philippine #onstabulary unit without delay 8P/P:8Pro"ided, !hat no fee shall be charged for the transmission of suchreport through go"ernment communication facilities;3. #ontents of report to P/P 8indicate when practicable:

a. name of patient, age of patient

b. address of patientc. nearest of Fin of the patientd. the nature and probable cause of the injury;

e. the appro5imate time and date when, and the place where, theinjury was sustained;

f. the time, date, and nature of treatment;

g. the physical diagnosis and2or disposition of the patient;P&/A!@ +(' )*(A!*(/if done with malicious intent2gross negligenceT <-Dyrs imprisonmentTP<-DF fineTgo"ernment license or permit to practice #A/#&&% after sentence final

and e5ecutory

57 ,), 3ec. ). 8same with Section < of P% <IN 7 records of the reports Fept bysaid health authorities shall, upon written re>uest, be made a"ailable tolaw enforcement agencies 8so no confidentiality hereG:3ec. ,. 9similar wit% 3ec, of P" )0 Q:b: the name and address of the nearest of Fin of the patient;c: the name and address of the person who brought the patient formedical treatment;P&/A!@ also same, but jurisdiction transferred to $M&

2. Refusal to render treatment in emerenc& cases 9RA )2= 3ec.:3ec. . Anyhospital directoradministratorofficer-in-chargephysician in the hospital, medical center or clinic6who shall refuse or fail 6without good cause6to render the appropriate assistance pursuant to the re>uirementsof section one after said case had been brought to his attention,or any nursemidwifemedical attendant

6who shall refuse to extend the appropriate assistance, subject to e5istingrules,6or neglect to notify or call a physician P&/A!@Timprisonment <m,<d to <y,<dTfine PDCC-<U Tif Lo"t hospital may also be subject to administrati"e actionTif Pri"ate hospital license of hospital to operate suspended2re"oFed

. Diolation of RA 0** 93ec. )= *: < Juvenile Justice and 6elfareAct of ,++ 9t%ou% no mention of p%&sician as wrondoer>:S&#!*(/ <. Short !itle and Scope. - !his act shalll be Fnown as the

u"enile ustice and welfare Act of 3CCI. *t shall co"er the different

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stages in"ol"ing children at risF and children in conflict with law frompre"ention to rehabilitation and reintegration.

S&#!*(/ 4. %efinition of !erms. - !he following terms as used in this Actshall be defined as follows

8a: CBailC refers to the security gi"en for the release of the person incustody of the law, furnished by him2her or a bondsman, to guarantee

his2her appearance before any court. $ail may be gi"en in the form ofcorporate security, property bond, cash deposit, or recognizance.8b: CBest Interest of t%e (%ildC refers to the totality of the

circumstances and conditions which are most congenial to the sur"i"al,protection and feelings of security of the child and most encouraging tothe childKs physical, psychological and emotional de"elopment. *t alsomeans the least detrimental a"ailable alternati"e for safeguarding thegrowth and de"elopment of the child.

8c: C(%ildC refers to a person under the age of eighteen 8<B: years.8d: C(%ild at RiskC refers to a child who is "ulnerable to and at the risF of

committing criminal offenses because of personal, family and socialcircumstances, such as, but not limited to, the following

8<: being abuse by any person through se5ual, physical, psychological,mental, economic or any other means and the parents or guardianrefuse, are unwillling, or unable to pro"ide protection for the child;

83: being e5ploited including se5ually or economically;8D: being abandoned or neglected, and after diligent search and in>uiry,

the parent or guardian cannot be found;84: coming from the dysfunctional or broFen family or without a parent or

guardian;8H: being out of school;8I: being a street child;80: being a member of a gang;8B: li"ing in a community with a high le"el of criminality ot drug abuse; and8N: li"ing in situations of armed conflict.8e: C(%ild in (onflict wit% t%e #awC refers to a child who is alleged as,

accused of, or adjudged as, ha"ing committed an offense under

Philippine laws.8f: C(ommunit&-'ased ProramsC refers to the programs pro"ided in a

community setting de"eloped for purposes of inter"ention and di"ersion,as well as rehabilitation of the child in conflict with the law, forreintegration into his2her family and2or community.

8g: C(ourtC refers to a family court or, in places where there are no familycourts, any regional trial court.

8h: C"eprivation of #i'ert&C refers to any form of detention orimprisonment, or to the placement of a child in conflict with the law in apublic or pri"ate custodial setting, from which the child in conflict withthe law is not permitted to lea"e at will by order of any judicial oradministrati"e authority.

8i: C"iversionC refers to an alternati"e, child-appropriate process ofdetermining the responsibility and treatment of a child in conflict with thelaw onthe basis of his2her social, cultural, economic, psychological oreducational bacFground without resorting to formal court proceedings.

8j: C"iversion ProramC refers to the program that the child in conflictwith the law is re>uired to undergo after he2she is found responsible for

an offense without resorting to formal court proceeding.8F: CInitial (ontact 6it% t%e (%ild C refers to the apprehension or taFinginto custody of a child in conflict with the law by law enforcement officersor pri"ate citizens. *t includes the time when the child alleged to be inconflict with the law recei"es a subpoena under Section D8b: of 'ule <<3of the 'e"ised 'ules of #riminal Procedure or summons under SectionI8a: or Section N8b: of the same 'ule in cases that do not re>uirepreliminary in"estigation or where there is no necessity to placed thechild alleged to be in conflict with the law under immediate custody.

8l: CInterventionC refers to a series of acti"ities which are designed toaddress issues that caused the child to committ an offense. *t may taFethe form of an indi"idualized treatment program, which may includecounseling, sFills training, education, and other acti"ities tha twillenhance his2her psychological, emotional and psycho-social well-being.

8m: CJuvenile Justice and 6elfare 3&stemC refers to a system dealingwith children at risF or children in conflict with the law, which pro"idechild-appropriate proceedings, including programs and ser"ices forpre"ention, di"ersion, rehabilitation, re-integration and aftercare toensure their normal growth and de"elopment.

8n: C#aw 5nforcement 7fficerC refers to the person in authority orhis2her agent as defined in Aritcle <H3 of the 'e"ised Penal #ode,including a barangay tanod.

8o: C7ffenseC refers to any act or omission whether punishable underspecial laws or the 'e"ised Penal code, as amended.

8p: Creconi1anceC refers to an undertaFing in lieu of a bond assumed bya parent or custodian who shall be responsible for the appearance incourt of the child in conflict with the law, when re>uired.

8>: CRestorative JusticeC refers to a principle which re>uires a process ofresol"ing conflicts with the ma5imum in"ol"ement of the "ictim, theoffender and the community. *t seeFs to obtain reparation of the "ictim;and reassurance to the offender that he2she can be reintegrated intosociety. *t also enhances public safety by acti"ating the offender, the"ictim and the community in pre"ention strategies.

8r: C3tatus 7ffensesC refers to the offenses which discriminate onlyagainst a child, while an adult does not suffer any penalty for committingsimilar acts. !hese shall include curfew "iolations, truancy, parentaldisobedience and the liFe.

8s: C;out% "etention 4omeC refers to a 34-hour child caring institutionmanaged by accredited local go"erment units 8Ls: and licensed and2oraccredited nongo"erment organizations 8/L(s: pro"iding short term

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residential care for children in conflict with the law who are awaitingcourt disposition of their cases or transfer to other agencies or

jurisdiction.8t: C;out% Re%a'ilitation centerC refers to a 34-hour residential care

facility managed by the department of Social Eelfare and %e"elopment8%SE%s:, Ls, licensed and2or accredited /L(s monitored by the

%SE%, which pro"ides care, treatment and rehabilitation ser"ices forchildren in conflict with the law. 'ehabilitation ser"ices are pro"idedunder the guidance of a trained staff where residents are cared for undera structured therapeutic en"ironment with the end "iew of reintegratingthem into their families and communities as socially functioningindi"iduals. Physical mobilities of residents of said centers may berestricted pending court disposition of the charges against them.

8u: CDictimless (rimesC refers to offenses where there is no pri"ateoffended party.

. $ailure to report maltreated or a'used c%ild 9P" += Art ):Art. ). Report of Maltreated or A'used (%ild. 9 Allhospitalsclinicsand other institutionsas well as pri"ate physicians pro"iding treatment6.shall, within #$hrs from knowledge of the case,6report6in writing6to theKcit& or provincial fiscal orto the ocal #ouncil for the Protection of #hildren orto the nearest unit of the %epartment of Social Eelfare,6any case of a maltreated or abused child, or eploitation of anemployed child contrary to the pro"isions of labor laws.*t shall be the duty of the &ouncil for the Protection of &hildren orthe unit of the Department of 2ocial Eelfare to whom such a report is

made to forward t%e same to t%e provincial or cit& fiscal. Penalty ma5 P3F fineif se5ual abuse the records pertaining to the case shall be kept strictlyconfidential and no information relating thereto shall be disclosede?cept in connection with any court or official proceeding based on suchreport.Penalty if %*S#(S&T fine P<CC-HFT imprisonment DCd-<yr

/. Diolation of Generics Act of )0// 93ec. and ),:35(TI78 . Eho Shall se Leneric !erminology 9

8a: All government health agencies and their personnel as well asother government agencies shall use generic terminology or genericnames in all transactions related to purchasing, prescribing, dispensingand administering of drugs and medicines.8b: All medical, dental and veterinary practitioners, including pri"atepractitioners, shall write prescriptions using the generic name. !he brand

name may be included if so desired.8c: Any organi/ation or company in"ol"ed in the manufacture,importation, repacFing, marFeting and2or distribution of drugs andmedicines shall indicate prominently the generic name of the product. *nthe case of brand name products, the generic name shall appearprominently and immediately abo"e the brand name in all product labelsas well as in ad"ertising and other promotional materials.8d: Drug outlets, including drugstores, hospital and non-hospitalpharmacies and nontraditional outlets such as supermarFets andstores, shall inform any buyer about any and all other drug products ha"ingthe same generic name, together with their corresponding prices so thatthe buyer may ade>uately e5ercise, his option.Eithin one 8<: year after appro"al of this Act, the drug outlets referred toherein, shall post in conspicuous places in their establishments, a list ofdrug products with the same generic name and their corresponding prices.

S&#!*(/ <3. Penalty 9 A: Any person who shall "iolate Section I8a: or I8b:of this Act shall suffer the penalty graduated hereunder, "iz8a: for the first con"iction, he shall suffer the penalty of reprimand whichshall be officially recorded in the appropriate booFs of the Professional'egulation #ommission.8b: for the second con"iction, the penalty of fine in the amount of not lessthan two thousand pesos 8P3,CCC.CC: but not e5ceeding fi"e thousandpesos 8H,CCC.CC: at the discretion of the court.8c: for the third con"iction, the penalty of fine in the amount of not lessthan fi"e thousand pesos 8PH,CCC.CC: but not e5ceeding then thousand

pesos 8P<C,CCC.CC: and suspension of his license to practice his professionfor thirty 8DC: days at the discretion of the court.8d: for the fourth and subse>uent con"ictions, the penalty of fine of notless than ten thousand pesos 8P<C,CCC.CC: and suspension of his license topractice his profession for one year or longer at the discretion of the court.$: Any juridical person who "iolates Section I8c:, I8d:, 0 or B shall sufferthe penalty of a fine of not less than fi"e thousand pesos 8PH,CCC.CC: normore than ten thousand pesos 8P<C,CCC.CC: and suspension or re"ocationof license to operate such drug establishment or drug outlet at thediscretion of the #ourt Pro"ided,!hat its officers directly responsible forthe "iolation shall suffer the penalty of fine and suspension or re"ocation oflicense to practice profession, if applicable, and by imprisonment of notless than si5 8I: months nor more than one 8<: year or both fine andimprisonment at the discretion of the #ourt and Pro"ided, further, !hat if

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewerthe guilty party is an alien, he shall be ipso facto deported after ser"ice ofsentence without need of further proceedings. #: !he Secretary of 1ealthshall ha"e the authority to impose administrati"e sanctions such assuspension or cancellation of license to operate or recommend suspensionof license to practice profession to the Professional 'egulation #ommissionas the case may be for the "iolation of this Act.

0. Diolation of P%ilippine AI"3 Prevention and (ontrol Act of )00/93ec. +:35(TI78 +. Medical (onfidentialit&. - Allhealth professionalsmedical instructorsworFersemployersrecruitment agenciesinsurance companiesdata encodersand other custodiansof any medical record2file2data2test results6are directed to strictly observe confidentiality in the handling of allmedical information,particularly the identity and status of persons with 1*).

(. #ia'ilities incurred incidental to t%e practice of t%e profession). (riminal nelience and imprudence 9Art. 2:Art. DIH. %mprudence and negligence& JAny person who,6by reckless imprudence,6shall commit any act which, had it been intentional, would constitute agrave felony 8capital punishment or afflicti"e penalties attaches:shall suffer the penalty of arresto mayor in its ma5imum period to prisioncorreccional in its medium period;if it would ha"e constituted a less grave felony 8 in ma5 period are

correctional:, the penalty of arresto mayor in its minimum and mediumperiods shall be imposed; if it would ha"e constituted a light felony, thepenalty of arresto menor in its ma5imum period shall be imposed.Any person who,6by simple imprudence or negligence,6shall commit an act which would otherwise constitute a gra"e felony,shall suffer the penalty of arresto mayor in its medium and ma5imumperiods; if it would ha"e constituted a less serious felony, the penalty ofarresto mayor in its minimum period shall be imposed.Ehen the e5ecution of the act co"ered by this article shall ha"e onlyresulted in damage to the property of another , the offender shall bepunished by a fine ranging from an amount e>ual to the "alue of said

damages to three times such "alue, but which shall in no case be less thantwenty-fi"e pesos.A fine not e5ceeding two hundred pesos and censure shall be imposedupon any person who, by simple imprudence or negligence, shall causesome wrong which, if done maliciously, would ha"e constituted a lightfelony.

*n the imposition of these penalties, the court shall e5ercise their sounddiscretion, without regard to the rules prescribed in Article si5ty-four. !he pro"isions contained in this article shall not be applicable<. Ehen the penalty pro"ided for the offense is e>ual to or lower thanthose pro"ided in the first two paragraphs of this article, in which case thecourt shall impose the penalty ne5t lower in degree than that which shouldbe imposed in the period which they may deem proper to apply.3. Ehen, by imprudence or negligence and with "iolation of the Automobileaw, to death of a person shall be caused, in which case the defendantshall be punished by prision correccional in its medium and ma5imumperiods.

*eckless imprudence consists in6"oluntary,6but without malice,6doing or falling to do an act from which material damage results6by reason of ine5cusable lacF of precaution on the part of the personperforming of failing to perform such act,6taFing into consideration his employment or occupation, degree ofintelligence, physical condition and other circumstances regarding persons,time and place.2imple imprudence consists in the6lack of precaution displayed6in those cases in which the damage impending to be caused is notimmediate nor the danger clearly manifest&

!he penalty ne5t higher in degree to those pro"ided for in this article shallbe imposed upon the offender who fails to lend on the spot to the injured

parties such help as may be in this hand to gi"e. 8As amended by '.A.<0NC, appro"ed une 3<, <NH0:.

,. Diolation of t%e (ompre%ensive "anerous "rus Act of ,++,93ec. )/= )0 RA 0)2:3ection )/. @nnecessar& Prescription of "anerous "rus. 9 !hepenalty of imprisonment ranging from twel"e 8<3: years and one 8<: day totwenty 83C: years and a fine ranging from (ne hundred thousand pesos8P<CC,CCC.CC: to +i"e hundred thousand pesos 8PHCC,CCC.CC: and theadditional penalty of the re"ocation of his2her license to practice shall beimposed upon the practitioner,6who shall prescribe any dangerous drug

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer6to any person whose physical or physiological condition does notre#uire the use or in the dosage prescribed therein,6as determined by the $oard in consultation with recognized competente5perts who are authorized representati"es of professional organizations ofpractitioners,6particularly those who are in"ol"ed in the care of persons with se"ere

pain.

3ection )0. @nlawful Prescription of "anerous "rus. 9 !he penaltyof life imprisonment to death and a fine ranging from +i"e hundredthousand pesos 8PHCC,CCC.CC: to !en million pesos 8P<C,CCC,CCC.CC: shallbe imposed upon an& person,6who, unless authorized by law,6shall make or issue a prescription or any other writing purporting to bea prescription for any dangerous drug.

. #ia'ilit& in t%e issuance of 'irt% and deat% certificates 9P" 2)=as amended '& P" = 3ec. )= ,= *= 2= 0:3ec. ). Reistration of 'irt%s. -All 'a'ies born in hospitals, maternity clinics, pri"ate homes, orelsewhere within the period starting from anuary <, <N04 up to the datewhen this decree becomes effecti"e,6irrespecti"e of the nationality, race, culture, religion or belief of theirparents,6whether the mother is a permanent resident or transient in thePhilippines,6and whose births ha"e not yet been registered 6must be reported for registration in the office of the local civil registrar ofthe place of birth by thephysiciannursemidwife

hilothospital or clinic administrator6who attended the birthor in default thereof6by either parent or6a responsible member of the family6or a relati"e6or any person who has Fnowledge of the birth of the indi"idual child

!he report referred to abo"e shall be accompanied wit% an affidavitdescribing the circumstances surrounding the delayed registration

3ec. ,. Period of Reistration of 'irt%s. within thirty $34) daysfrom birth without fine or fee of any Find

*A$**!@ joint ung parents and medical attendant 8if no medicalattendant, parent lang liable:

3ec. *. Reistration of deat%s. 6All persons, irrespecti"e of nationality, race, culture, religion and belief,6whether a permanent resident or a transient in the Philippines

6who died in hospitals, clinic, pri"ate homes, or elsewhere, within theperiod from anuary <, <N04 to the date of effecti"ity of this decree,6whose deaths ha"e not yet been registered ,6must be reported for registration through the local health officer to thelocal ci"il registrar of the place of death,6bythe physician who attended the deceasedin default thereof by the nearest responsible relati"e or by any personwho has Fnowledge of such death

!he report referred to abo"e shall be accompanied by an affidavitdescribing the circumstances surrounding the delayed registration

3ec. 2. Period of reportin and reistration of deat%s. -within 4B hours after death to the ocal 1ealth (fficer of the place ofdeath-ocal 1ealth (fficer then issue the corresponding certificate of deat%and order its registration in the (ffice of the ocal #i"il 'egistrar withinthirty $34) days after death, without fee or fine of any Find.*n case the deceased was attended to by a physician, the latter mustissue t%e necessar& certificate of deat% wit%in */ %ours after deathand submit the same to the ocal 1ealth (fficer of the place of death, whoshall order its registration in the (ffice of the ocal #i"il 'egistrar withinthe said period of thirty 8DC: days after death, without fee or fine of anyFind.

!he attending physician and responsible member of the family or personwho has Fnowledge of the death are jointly liable to report the death to theocal 1ealth (fficer, for registration by the ocal #i"il 'egistrar of the place

of the death. *f the deceased was not attended by a physician or did notdie in the hospital, the responsible member of the family alone shall beresponsible for failure to submit the report of death to the ocal 1ealth(fficer.

Sec. N. Penalty. Any person re>uired under this decree to report forregistration any fact concerning the ci"il status of persons and who fails todo so, or who deliberately maFes false statements in the birth or deathform and presents the same for registration, or who "iolates any rule orregulation which may be issued pursuant to this decree, and any localpublic health officer who fails to perform his duties as pro"ided for in thisdecree, or "iolates any rule or regulation which may be issued pursuant tothis decree, shall upon con"iction, be punished by a fine of not less than

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewerPHCC.CC nor more than P<,CCC.CC or imprisonment of not less than three8D: months nor more than si5 8I: months, or both, in the discretion of thecourt.

*. 3e?ual %arassmentSec. D. EorF &ducation or !raining-related Se5ual 1arassment %efined.

EorF, education of training-related se5ual harassment is committed by anemployer, employee, manager, super"isor, agent of the employer, teacher,instructor, professor, coach, trainor, or any other person who, ha"ingauthority, influence or moral ascendancy o"er another in a worF or trainingor education en"ironment, demands, re>uests or otherwise re>uires anyse5ual fa"or from the other, regardless of whether the demand, re>uest orre>uirement for submission is accepted by the object of said Act.8a: *n a worF-related or employment en"ironment, se5ual harassment iscommitted when8<: !he se5ual fa"or is made as a condition in the hiring or in theemployment, re-employment or continued employment of said indi"idual,or in granting said indi"idual fa"orable compensation, terms, conditions,promotions, or pri"ileges; or the refusal to grant the se5ual fa"or results inlimiting, segregating or classifying the employee which in any way woulddiscriminate, depri"e or diminish employment opportunities or otherwisead"ersely affect said employee;83: !he abo"e acts would impair the employeeKs rights or pri"ileges undere5isting labor laws; or8D: !he abo"e acts would result in an intimidating, hostile, or offensi"een"ironment for the employee.8b: *n an education or training en"ironment, se5ual harassment iscommitted8<: Against one who is under the care, custody or super"ision of theoffender;83: Against one whose education, training, apprenticeship or tutorship isentrusted to the offender;8D: Ehen the se5ual fa"or is made a condition to the gi"ing of a passing

grade, or the granting of honors and scholarships, or the payment of astipend, allowance or other benefits, pri"ileges or considerations; or'#( )hen the sexual advances result in an intimidating, hostile oroffensive environment for the student, training or apprentice&Any person who directs or induces another to commit any act of se5ualharassment as herein defined, or who cooperates in the commissionthereof by another without which it would not ha"e been committed, shallalso be held liable under this Act.

2. 3ale of p%armaceutical samples 9RA 20,)= 3ec. ,= *+:3ec. ,. Markins and in%i'ition to t%e sale of dru samples. -cant sell drugs which are gi"en by manufacturer as samples 8which areintended to be gi"en free:

-pacFaging should be marFed QSample, not for saleR3ec. *+. Penal provisions. Any person who shall "iolate any of thepro"isions of Sections twel"e, twenty-four, twenty-fi"e, twenty-si5, twenty-se"en and twenty-nine of this Act or any person who shall maFe falserepresentation to procure a registration certificate as pharmacist forhimself or for another; or any person who shall allow anyone in his employ

who is not a registered pharmacist to engage in the practice of pharmacy;or any person who shall falsely display within the establishment thecertificate of registration of a pharmacist who is not actually and regularlyemployed therein as such or to act as a dummy for any alien or anun>ualified person for the purpose of opening and operating a retaildrugstore; shall, upon con"iction thereof, be sentenced to a fine of not lessthan one thousand pesos but not e5ceeding four thousand pesos or to animprisonment of not less than si5 months and one day but not more thanfour years, in the discretion of the court.

. Givin assistance to suicide 9Art. ,2:Art. ,2. 5iving assistance to suicide. J Any person who shall assist another to commit suicide shall suffer thepenalty of prision mayor;-if such person lends his assistance to another to the etent of doingthe killing himself , he shall suffer the penalty of reclusion temporal.61owe"er, if the suicide is not consummated , the penalty of arrestomayor in its medium and ma5imum periods, shall be imposed.

M5"I(A# 85G#IG58(5

I. "efinition of Medical 8elienceGAR(IA-R@5"A v. PA3(A3I7 9removal of stone 'lockin all'ladder'ut died:-t&pe of claim 6which a "ictim has a"ailable to him or her

6to redress a wrong6committed by a medical professional6which has caused bodily harm- Pro"e that health care pro"ider 8physician: failed to do something which a reasonably prudent health care pro"iderwould ha"e done did something that a reasonably prudent pro"ider would not ha"e done7 and that that failure or action caused injury to the patient.

II. 5lements of medical nelience<. !he physician has a duty to his patient;8%uty:3. !he physician failed to perform such duty to his patient; 8$reach:

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewerD. As a conse>uence of the failure of the physiciann to perform his duty,injury was sustained by the patient; and 8*njury:4. !he failure of the physician to perform his duty is the pro5imate cause ofthe injury sustained by the patient.8#ausation:

III. P%&sicians ma& 'ecome professionall& lia'le for malpractice in

t%e followin wa&s<. !hrough the physician*s own negligence 8failing to conform to generallyaccepted medical practice:3. !hrough the negligence of the physician*s employees 'espondeatsuperiore.g. Secretary of Physician, if physician talFs to her on the phone to asFregarding medical records of patient6D. !hrough the physicians failure to obtain the informed consent of thepatient prior to treatment? emergencies4. !hrough breach of physician-patient contractual relationship e.g. abandoning patientdisclosing confidential informationguaranteeing a cure or some other specific resultH. !hrough the negligence of the physician*s partners '+(

ID. 3tandard of (are !he standard of care for physicians and health carepro"iders re>uires that6they e5ercise that deree of skill= knowlede= and care 6ordinarily possessed and e5ercised by other members of the profession6acting under similar conditions and circumstances.Maam/ational standard of care followed, e5cept in remote areas, in 'Pocal standard of care followed in remote areas 8G:

GAR(IA-R@5"A D. PA3(A3I7 9"5A"#; GA##B#A""5R 3T785 R5M7DA#:use same level of care

6that any other reasonably competent doctor would use to treat acondition6under the same circumstances

B. 3ome doctrines on standard of careAs long as standard of care conformed with, practitioner would not befound negligent. &"en if<. treatment pro"ed unsuccessful3. poor treatment or surgery resultD. error in judgment by the healthcare pro"ider4. not highest sFill Fnown to medical science appliedH. there are alternati"e recognized methods of treatment a"ailable, andthe practitioner selected the wrong 9 but recognized 9 treatment

no presumption of "iolation of standard of care, of negligence 8unless resipsa: plaintiff must pro"e standard of care "iolation by showing e5pertwitnessmedical specialists re>uires the e5ercise of professional conductnormally ehibited by specialists in the same or similar locality undersimilar circumstances.

(. 5?pert testimon& to esta'lis% standard of care<. to establish that the defendant physician has deviated from theapplicable standard of care that injury has thereby resulted;3. opinion of e?pert witness 8'<DC.4N:J !he opinion of a witness6on a matter reuiring special knowledge, skill, experience or training8SUS&!:6which he shown to posses, may be recei"ed in e"idence.D. &5ception res ipsa louitur

RAM73 v. (A 9)000:$ A5n for damages based on the erroneous intubation of anesthesiaduring operation for remo"al of Fidney stones. Plaintiff comatosed.4 for Ramos-(/ &?P&'! !&S!*M(/@ when the doctrine of res ipsa lo>uitur is a"ailedby the plaintiff, the need for expert medical testimony is dispensed withbecause the in0ury itself provides the proof of negligence. !hereason is that the general rule on the necessity of expert testimony appliesonly to such matters clearly within the domain of medical science, and notto matters that are within the common knowledge of mankind which maybe testified to by anyone familiar with the facts.- )here common knowledge and experience teach that a resulting injurywould not have occurred to the patient if due care had been exercised, aninference of negligence may be drawn giving rise to an application of thedoctrine of res ipsa louitur without medical evidence, which is ordinarilyreuired to show not only what occurred but how and why it occurred&Ehen the doctrine is appropriate, all that the patient must do is prove a

ne?us 'etween t%e particular act or omission complained of andt%e inLur& sustained while under the custody and management of thedefendant without need to produce e5pert medical testimony to establishthe standard of care. 'esort to res ipsa lo>uitur is allowed because there isno other way, under usual and ordinary conditions, by which the patientcan obtain redress for injury suffered by him.- 'es ipsa lo>uitur is not a rigid or ordinary doctrine to be perfunctorilyused but a rule to be cautiously applied, depending upon thecircumstances of each case. %t is generally restricted to situations inmalpractice cases where a layman is able to say, as a matter of commonknowledge and observation, that the conseuences of professional carewere not as such as would ordinarily have followed if due care had beenexercised&

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer-6%en not applied in"ol"es the merits of a diagnosis or of a scientifictreatment .

(R@N v. (A 9)00:+ Patient undergone hysterectomy operation for the remo"al of themyoma VMaam myo- muscle, so myonma = mass within a muscleW in her

uterus but due to the lacF of facilities in the hospital, patient wastransferred to another hospital but still died. #(% shocF, antecedentcause %isseminated *ntra"ascular #oagulation 8%*#: VMaam din a nagc-clot ung dugoW. #riminal #ase filed. &5pert witnesses presented were notable to connect death of patient with recFlessness of the physicians.1 Physicians ac>uitted78 5OP5RT T53TIM78; !here is an absence of any e5pert testimony onthe matter of the standard of care employed by other physicians of goodstanding in the conduct of similar operations only testified as to possible#(% but not standard of care!he deference of courts to the e5pert opinion of >ualified physiciansstems from its realization that the latter possess unusual technical skillswhich laymen in most instances are incapable of intelligently evaluating .&5pert testimony should ha"e been offered to pro"e that thecircumstances cited by the courts below are constituti"e of conduct fallingbelow the standard of care employed by other physicians in good standingwhen performing the same operation.- Ehen the >ualifications of a physician are admitted, there is an ine"itablepresumption that in proper cases he taFes the necessary precaution andemploys the best of his Fnowledge and sFill in attending to his clients,unless the contrary is sufficiently established. !his presumption isrebuttable by e5pert opinion which is so sadly lacFing in the case at bench.VMaam Qhemorrhage due to %*# cannot be pre"ented, it will happen toanyone, anytimeR 9 false Se"ere blood lost should first occur before %*#would happen6so the e5pert witnesses presented should ha"e pro"en whythere was se"ere blood lost firstW&5pert opinion should be used to show standard of care and causation

R5;53 v. 3I3T5R3 7$ M5R(; 473PITA# 9,+++:+ Patient, already suffering recurring fe"er with chills, went to hospital andwas suspected to ha"e !yphoid fe"er. 1e was gi"en chloromycetin afterse"eral tests conducted showed him to be positi"e for the illness and thathe was compatible with said drug. Patient later died so #i"il case filed bywidow. Eidow presented as e5pert witness the doctor who performed theautopsy. 'espondents presented 3 e5pert witnesses on infectious diseaseswho ha"e handled se"eral !yphoid fe"er cases before.1 +or doctors5?pert testimon& reuired for t%e determination of t%ereasonable le"el of carebreach of such le"el of care

conclusion as to causation-should present witnesses who are &?P&'!S on the subject matter'es *psa o>uitur %(&S /(! APP@ as there was nothing unusual ore5traordinary about the death of the patient patient was already sufferingfrom recurrent fe"er 7 there was a !yphoid fe"er pre"alence at that area 7patient indeed diagnosed to ha"e typhoid = he might die of typhoid

D. #aws overnin medical nelienceA. (ivil Action 9Art. )0= ,+= ,)= ,) of 8((:1uman relations articlesArt. ,). Ehoe"er by act or omission causes damage to another, therebeing fault or negligence, is obliged to pay for the damage done. Such faultor negligence, if there is no pre-e5isting contractual relation between theparties, is called a >uasi-delict and is go"erned by the pro"isions of this#hapter.

B. (riminal Action 9Art. 2= RP(:

(ARI##7 v. P57P#5 ' 'ude doctor operated on girl suspected to besuffering from appendicitis, Lirl later died. !here were findings that therewas an o"erdose of /ubain. %octors did not taFe body mass of the patientbefore administering the said drug, which was not yet tested on patientsbelow <B years old. /o pre-operation6:($*!&' Simple negligence defined in ADIH, 'P#; gra"amen of the offenseis..failure to e5ercise the diligence necessitated or called for the situationwhich was not immediately life-destructi"e 8here, patient died Dd afteroperation:

(R@N v. (A 94&sterectom& in %ospital wit% lackin facilities=caused deat% '& "I(:elements of reckless imprudence 8<: that the offender does or fails to do an act

83: that the doing or the failure to do that act is voluntary8D: that it be without malice;84: that material damage results from the recFless imprudence; and8H: that there is inexcusable lack of precaution on the part of the offender,taFing into consideration his employment or occupation, degree ofintelligence, physical condition, and other circumstances regardingpersons, time and place.)*. (ther applicable doctrines

DI. 7t%er Applica'le "octrinesA. (ontri'utor& nelience-conduct on the part of the plaintiff which falls below the standard ofconduct to which he should conform for his own protection and cooperateswith negligence of defendant in bringing about plaintiffs harm

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer-negligence of claiming party /(! *MM&%*A!& A/% P'(?*MA!& #AS& (+

!1& */'@, it being the defendants lacF of due care#A3AM v. RAM7#5T5$ Patient went to physicians clinic, complaining of the meaty massdischarged with her urine and bowel. Patient was Dm pregnant. Q'aspaRwas conducted by the physician. Se"eral months after, patient complained

of pain in her abdominal area and it was found that her fetus was dead.+iled admin case "s. physician4 patients negligence, in not consulting the physician after her operatione"en if she was told to do so, was the immediate and pro5imate cause ofthe injury she sustained, thus, reco"ery barred.

B. Assumption of risk! DI7#58TI 878 $IT I8J@RIA plaintiff deemed toha"e consented to the risF

D re>uisites8<: plaintiff had actual Fnowledge of the damage;83: he understood an appreciated the risF from danger;8D: he "oluntarily e5posed himself to such risF.

(. #ast clear c%ance-negligence of the plaintiff does not preclude a reco"ery for the negligenceof the defendant where it appears that the defendant, by e5ercisingreasonable care and prudence, might ha"e a"oided injurious conse>uencesto the plaintiff notwithstanding the plaintiffs negligence-ast clear chance cannot apply when there are <: contractual relations, 3:

joint tortfeasors, D: concurrent negligence

". Independent (ontractor 5R-55 relations%ipPR7$533I78A# 35RDI(53 D3. AGA8A + Patient was operated upon to remo"e cancerous region of her colon 7o"ary as it was also infected. 3 pieces of gauze were left in the "agina ofthe patient which caused infection in the said area. 1ospital argued thatthe physician was not an employee but a mere consultant2independentcontractor of the hospital

1 Apparent aut%orit&2%oldin out t%eor&2doctrine of ostensi'leaenc&2aenc& '& estoppel imposes liability,6not as a result of the reality of a contractual relationship,6but rather because of the actions of a principal or an employer insomehow misleading the public into believing that the relationship orauthority exists.-Q!he principal is bound by the acts of his agent with apparent authoritywhich he Fnowingly permits the agent to assume, or which he holds theagent out to the public as possessing. !he >uestion in e"ery case is6the principal has6by his "oluntary act6placed the agent in such a situation

6that a person of ordinary prudence, con"ersant with business usage andthe nature of the particular business, is justified in presuming that such anagent has authority to perform the particular act in >uestion.R

87GA#53 v. (M(+ +orceps were used to e5tract the baby, and in the process, a piece of

cer"ical tissue was torn. Patient died soon after.1 #M# liable, e"en if an independent contractor was liableL' a hospital is not liable for the negligence of an independent contractor-physician? Qdoctrine of apparent authorityR where the physician is the QostensibleRagent of the hospital-the elements of an action under said doctrine are that8<: the hospital, or its agent, acted in a manner that would lead areasonable person to conclude that the alleged negligent individual was anemployeeagent of the hospital 83: the hospital had knowledge of the acts creating the appearance ofauthority and ac>uiesce them8D: the plaintiff acted in reliance upon the conduct of the hospital or itsagent, consistent with ordinary care and prudence.

5. Res ipsa louitur reuisitesBATI@I8 v. (A+ Piece of rubber glo"e left in the o"ary after a caesarean section wasperformed on the patient, causing an o"arian cyst.1 Ehere the thing which causes injury is shown to be under themanagement of the defendant, and the accident is such as in the ordinarycourse of things does not happen in those who ha"e the management useproper care, it affords reasonable e"idence, in the absence of ane5planation by the defendant, that the accident arose from want of care.-%octrine does not dispense with re>uirement of proof of culpablenegligence of defendant $! a mere procedural con"enience whichrecognizes prima facie negligence e"en E2( %*'&#! P'((+

RAM73 D. (A 9wronful intu'ation of anest%esia made patientcomatosed:1 for 'amos7'iter *es ipsa lo#uitur is a atin phrase which literally means Ct%et%in or t%e transaction speaks for itself.C Ehere the thing whichcaused the injury complained of is shown to be under the management ofthe defendant or his ser"ants and the accident is such as in ordinarycourse of things does not happen if those who ha"e its management orcontrol use proper care, it affords reasonable e"idence, in the absence ofe5planation by the defendant, that the accident arose from or was causedby the defendantKs want of care.

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer- *t is grounded in the superior logic of ordinary human experience and onthe basis of such e5perience or common Fnowledge, negligence may bededuced from the mere occurrence of the accident itself. 1ence, res ipsalo>uitur is applied in con0unction with the doctrine of commonknowledge.- Mere invocation and application of t%e doctrine does not

dispense wit% t%e reuirement of proof of nelience. Should pro"ethe following 9R5@I3IT53:<. !he accident is of a Find which ordinarily does not occur in the absenceof someone.s negligence;3. *t is caused by an instrumentality within the exclusive control of thedefendant or defendants; andD. !he possibility of contributing conduct which would maFe the plaintiffresponsible is eliminated.

R5;53 D. 3isters of Merc& 4ospital 9T&p%oid case:1 'es *psa o>uitur is not a rigid2ordinary doctrine to be perfunctorily used$! a rule to be cautiously applied, depending upon the circumstances ofthe case.-its application is restricted to situations in malpractice cases6where layman is able to say,6as a matter of common Fnowledge and obser"ation,6that the conse>uences of professional care were not as such as wouldordinarily ha"e followed6if due care had been e5ercised.(A8TR5 D. 3P3 G7

+ %roplight used to warm the mom and her baby caused a fresh gapingwound 3.H-D.H inches in the inner portion of the moms left arm, whichnecessitated plastic surgery to be remo"ed.1 *n cases in"ol"ing medical negligence, the doctrine of res ipsa lo>uiturallows the mere e5istence of an injury to justify the presumption ofnegligence on the part of the person who controls the instrument causingthe injury.

&lements refer to 'amos ". #A

$. Dicarious lia'ilit&-a person is not only l iable for the torts committed by himself,6but also for torts committed by others with whom he has a certainrelationship and for whom he is responsible

87GA#53 D. (M( 9piece of cervical tissue torn durin caesarianoperation:1 )icarious liability presupposes an employer-employee relationship forwhich the control test is determining in assessing its e5istence. *f theresno &&', then hospital would not be liable.? apparent authority

8note howe"er that in this case, #M# was held liable based on apparentauthority and not on "icarious liability:

G. (aptain of t%e 3%ipRAM73 v. (A 9wronful intu'ation case= as reard t%e relations%ip

'etween t%e sureon and anest%eoloist:As the so-called captain of the ship, it is the surgeonKs responsibility tosee to it that those under him perform their tasF in the proper manner.

PART ID"8A A3 5DI"58(5

-%/A testing to pro"e guilt2innocence of accused

I. 6%at is "8A test(ther terms%/A typing%/A fingerprinting%/A profilinggenetic testsgenetic fingerprintingS#*&/!*+*# $AS*S differences in genetic maFe-up2composition ofindi"iduals-genes composed of chemical substance = %/A

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewerP57P#5 D. DA##5J7

+ $rother of tutor of "ictim raped the girl. $lood type of suspect was Q(Rbut the blood stains found on his clothes and the clothes of the "ictim weretype QAR. Also, "aginal swabs from the "ictim contained %/A profile of"ictim as well as accused.1 sing totality of e"idence rule, accused guilty beyond reasonable doubt.

As to 'lood t&pe Argument of suspect that there was no directdetermination of "ictims blood type as QAR has no merit since it is "eryprobable that the blood of a "ictim, who died of bloody death, wouldproduce bloodstains on her clothing.As to "8A Suspects contention that prosecution failed to pro"e thatthere was no contamination of the %/A sample 8as the specimens werealready soaFed in smirchy waters: does not lie &ach persons %/A profileis distinct and uni>ue.-&"idence Sample material collected from the scene of the crime2from the"ictims body-'eference Sample taFen from suspect and "ictim6the e"idence sample and reference sample are then matched in %/AtestingK possi'le results from "8A test<. &?#S*(/ samples different must ha"e originated from differentsources3. */#(/#S*)& not possible to be sure whether the samples ha"esimilar %/A typesD. */#S*(/ could ha"e originated from the same source 9 analyst nowproceed to determine the statistical significance of the similarityVMaam A"ena this is the <s time that %/A test is admitted as objecte"idence 9 3CC3W

P57P#5 D. ; ATAR

+ ncle in law raped niece in mother-in-laws house, then Filled her bystabbing her multiple times on the stomach 8causing her intestines toprotrude6eeew:. Semen of the accused disco"ered inside the "aginal

canal of the "ictim, which was subject to %/A testing. %/A from thesemen found to be a match with %/A from blood sample taFen fromaccused. #onstitutionality of %/A e"idence.1 re %/A testing-ad"anced as a uni>uely effecti"e means to linF a suspect to acrime2e5onerate a wrongly accused suspect, where biological e"idence hasbeen left; a fertile source of both inculpatory and e5culpatory e"idence.%/A a molecule that encodes the genetic information in all li"ingorganisms-the same in each cell, does not change in persons lifetime-no two indi"iduals ha"e the same %/A, ? identical twins-%/A e"idence obtained through P#' 8Polymerase #hain 'eaction: testingand utilizing S!' 8Short !andem 'epeat: analysis could be appreciated as

rele"ant and reliable since it is reasonably based on scientifically "alidprinciples of human genetics and molecular biology-taFing of blood samples from the accused is not included in the rightagainst self-incrimination since the right against self-incrimination is simplyagainst the legal process of e5tracting from the lips of the accused anadmission of guilt A/% %(&S /(! APP@ where e"idence sought to be

e5cluded is not an incrimination but PA'! (+ ($&#! &)*%&/#&.

45RR5RA D. A#BA

+ <D y.o. Alba wanted his father to recognize and support him throughpetition for recognition. +ather denied that he was the biological father,denying physical contact from mother. Alba then mo"ed to direct thetaFing of %/A paternity testing, which was opposed by the QfatherR, whichwas granted.1 %/A test is a "alid probati"e tool to determine filiationPaternity !est using %/A<. forensic scientist looFs at number of "ariable regions in an indi"idual toproduce a %/A profile.3. %/A profiles of the mother and the child e5amined to determine whichhalf of the childs %/A was inherited from momD. e5amine alleged fathers %/A profile to ascertain whether his %/Aprofile matches that of the child4. if the comparison reached a NN.NX minimum "alue of probability ofpaternity inclusion 8E:, then there is a refutable presumption of paternity,to be subjected to )allejo standards!he policy of the +amily #ode to liberalize the rule on the in"estigation ofpaternity and filiation of children, especially of illegitimate children, iswithout prejudice to the right of the putati"e parent to claim his or her owndefenses. Ehere the e"idence to aid this in"estigation is obtainablethrough the facilities of modern science and technology, such e"idenceshould be considered subject to the limits established by the law, rules and

jurisprudence.

**. *nitial reaction of the #ourt to %/A &"idenceP5 #IM D. (A 9)00:+ Pe im was being asFed to recognize his lo"echild with her formercommon-law wife whom he met in a night club. Pe im denied paternity,saying that the mother and he were just friends and that the mother leftfor apan and returned pregnant.1 !he totality of e"idence showed by mother pro"es that Pe im wasindeed the father. 1(E&)&', with regards %/A Q%/A, being a relati"elynew science, has not yet been accorded official recognition by our courts.Paternity will still ha"e to be resol"ed by such con"entional e"idence as therele"ant incriminating acts, "erbal and written by the putati"e father.

TIJI8G D. (A 9,++):

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer+ Son of laundry woman Fidnapped by customer. 4 years later, laudrywoman found out that the common-law husband of her customer died.Ehen she went to the waFe, she found her son with her customer.1 !he child with her customer is her son, based on the resemblancebetween the minor son and the mother. Also, Angelita 8the customer: andher common law husband were already pro"en to be unable to bear child 7

records failed to pro"e that the child was theirs.'e %/A QParentage will still be resol"ed using con"entional methodsunless we adopt the modern and scientific ways a"ailable. +ortunately, weha"e now the facility and e5pertise in using %/A test for identification andparentage testing6(f course, being a no"el scientific techni>ue, the use of%/A test as e"idence is still open to challenge. &"entually, as theappropriate case comes, courts should not hesitate to rule on theadmissibility of %/A e"idence6 #ourts should apply the results of sciencewhen competently obtained in aid of situations presented, since to rejectsaid results is to deny progress.

***. Admissibility and Probati"e )alueP57P#5 D. DA##5J7 8%/A from "aginal swabs alleged to be contaminatedbecause of the smirchy waters in the QcompuertaR'e Admissibility and probati"e "alue #ourt should consider, among otherthings

<. how the samples were collected3. how the samples were handledD. the possibility of contamination4. whether the proper standards and procedures were

followed in conducting the testsH. the >ualification of the analyst who conducted the tests

(biter in 45RR5RA D. A#BA *n )allejo, the probati"e "alue A/% /(! !1&A%M*SS*$**!@ was now the issue due to Qofficial recognitionR accorded to%/A analysis.

*). %/A &"idence as Admissible in S#

P57P#5 D. ; ATAR 8semen in "aginal canal and blood sample from accusedha"e matching %/A profiles. ncle raped niece, stabbed in stomach,intestines protruded6eeew6 #onstitutionality of %/A e"idence:RAdmittedly, we are just beginning to integrate these ad"ances in scienceand technology in the Philippine criminal justice system, so we must becautious as we tra"erse these relati"ely uncharted watersR-%/A e"idence obtained through P#' testing and utilizing S!' analysiscould be appreciated as rele"ant and reliable since it is reasonably basedon scientifically "alid principles of human genetics and molecular biology

I8 R5 T45 6RIT 7$ 4AB5A3 (7RP@3 $7R R5;8A#"7 "5 DI##A + ncle 8na namanG:, who was allegedly I0 y.o. then, was said to ha"eraped his <3 y.o. niece by affinity, resulting to the birth of a baby girl. ncle

con"icted in <NN4. /ow 83CC4G:, son of the con"icted uncle, using %/Ae"idence showing that %/A profile of alleged QsisterR did not matched theprofile of dad, filed this petition to free dad1 %ad was pro"en to be a rapist, and the "ictims pregnancy and resultantchildbirth are *''&&)/! in determining E(/ there was rape. Pregnancy ofthe "ictim /&)&' was an element of rape.

-%/A e"idence showing incompatibility between %/A profile of the childand the putati"e father does not discharge the con"icted putati"e father ofthe crime of rape.-%/A e"idence did not fall within the statutory2jurisprudential definition ofQnewly disco"ered e"idenceR as such e"idence was already a"ailableduring the time of trial. acF of Fnowledge of the e5istence of %/A testingspeaFs of negligence either on the accused party or of the counsel.

T5(378 D. (7M5#5(+ +Ps nationality was contestested, it being that he came from a Spanishfather and American mother, so therefore, he is not a natural-born citizen.*f e"er his father became a +ilipino citizen, his fathers marriage to his momwas said to be illegitimate, therefore, +P was an illegitimate son andshould follow the nationality of the mom.1 +P was a +ilipino #itizen, jus sanguinisLrandpa probably benefited from Qen masse +ilipinizationR that <NC3Philippine $ill had effected. !his means grandpa became a +ilipino, and thiscitizenship e5tended to son, Allan Poe. So Allan Poe should be considered a+ilipino citizen.6<NDH #onsti 8applicable when +P was born: confers citizenship to allpersons whose fathers are +ilipino citizens regardless if legitimate2illegit'e %/A binanggit lang, no %/A e"idence presented naman 9 cited !ijing ".#A6*n case proof of filiation or paternity would be /*U&@ to satisfactorilyestablish or would be difficult to obtain, %/A testing, which e5aminesgenetic codes obtained from body cells of the illegitimate child and anyphysical residue of the (/L %&A% PA'&/! could be resorted to. A positi"e

match would clear up filiation or paternity.

P57P#5 D. JA8378

+ I masFed men robbed Alcantara family then tooF turns raping the <Dyear old daughter Maritess. (ne of the suspects made an e5trajudicialconfession allegedly admitting raping Maritess. '!# found them guilty.1 *nconsistencies in testimony of "ictim regarding positi"e identification ofthe suspects 8when the suspects cannot be identified as they wore masFs:and the inadmissible e5trajudicial confession of anson would not beenough to con"ict anson of guilt beyond reasonable doubt. )*#!*MSS1(% 1A)& ($!A*/&% %/A &)*%&/#& from the seminal fluid found inthe "agina of the "ictim, /(! /#&'!A*/ !&S!*M(/*&S

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewerAG@3TI8 D3. (A+ 1errera ". Alba case all o"er again. Ma and Pa had affair which resultedto child. Pa e"en shouldered hospital e5penses for birth. !hen Pa refused togi"e support so Ma and child petitioned for support. Main issue is E(/court could order %/A paternity testing in support proceeding.1 #ourt could order %/A paternity testing. #onstitutionality of compulsory

%/A testing and the admissibility of the results as e"idence already upheldin @atar ". #A. /o "iolation of right "s self-incrimination as %/A e"idence isobject e"idence, not testimonial e"idence which is sought to beincriminated. /or was there "iolation of right to pri"acy. *n (ple ". !orres8/ational *% System:, it was held that the right to pri"acy does not bar allincursions into indi"idual pri"acy. !he right is not intended to stiflescientific and technological ad"ancements that enhance public ser"ice andthe common god. *ntrusions into the right must be accompanied by propersafeguards that enhance public ser"ice and the common good.

45RR5RA D. A#BA

+ Similar to Agustin ". #A. Paternity case1 !he policy of the +amily #ode to liberalize the rule on the in"estigationof paternity and filiation of children, especially of illegitimate children, is

without prejudice to the right of the putati"e parent to claim his or her owndefenses. Ehere the e"idence to aid this in"estigation is obtainablethrough the facilities of modern science and technology, such e"idenceshould be considered subject to the limits established by the law, rules and

jurisprudence.

P57P#5 D @MA8IT7 9,++:+ Accused appealed con"iction of crime of rape, petitioned the court forthe conduct of %/A testing to determine E(/ the child borne by the "ictimwas his.1 Luilt of manito to be determined through the result of the %/A test.Eith the ad"ance in genetics and the a"ailability of new technology, it cannow be determined with reasonable certainty whether appellant is the

father of the child. *f he is not, his ac>uittal may be ordained.-<st Fnown application of the /ew 'ule on %/A &"idence 8tooF effect (ct<H, 3CC0:

D. 6%en "8A evidence is 87T 85(533AR; -where there are other e"idence to pro"e the guilt beyond reasonabledoubt of the accused

A8"A# D3. P57P#5

+ Petition for habeas corpus 8similar to *n re %e )illa: wherein the con"icts,who were found to ha"e raped "ictim and were about to be e5ecuted fordeath, were now re>uesting that %/A test be conducted to compare thesemen samples found in the "ictim with samples from them.

1 &ye-witness identification already so no need for %/A test. %/A testingunnecessary2forgotten e"idence too late to consider now.

DI. Pro'ative value of "8A Anal&sis as 5videnceDA##5J7 3TA8"AR" 9BR7T45R 7$ T@T7R RAP5" T@T55. 3MIR(45" 3AMP#53:#ourt should consider, among other things

<. how the samples were collected3. how the samples were handledD. the possibility of contamination4. whether the proper standards and procedures were

followed in conducting the testsH. the >ualification of the analyst who conducted the tests

7 People ". manito 8<st case where 'ules on %/A &"idence of 3CC0 wasused:

I. proper chain of custody in handling the samples submittedby the parties

7. that the samples be collected by a neutral Drd partyB. the tested parties are appropriately identified at their

sample collection appointments

N. the samples are protected with tamper tape at thecollection site<C. that all persons in possession thereof at each stage of

testing thoroughly inspected the samples for tamperingand e5plained his role in the custody of the samples andacts he performed in relation thereto.

DIII. "8A e?amination and ri%t to self-incriminationP57P#5 D. ; ATAR 8%/A from blood sample from accused and seminal fluidfrom "ictims "agina matched. $lood sample allegedly forced fromaccused. &eew case:1 taFing of blood samples from the accused is not included in the rightagainst self-incrimination since the right against self-incrimination is simplyagainst the legal process of e5tracting from the lips of the accused anadmission of guilt A/% %(&S /(! APP@ where e"idence sought to bee5cluded is not an incrimination but PA'! (+ ($&#! &)*%&/#&.

45RR5RA D3. A#BA 8Paternity case; putati"e father alleges that compulsory%/A testing is against his right "s. self-incrimination:1 'ight to self-incrimination is just a prohibition on the use of physical ormoral compulsion to e5tort communication 8testimonial e"idence: from adefendant, /(! an inclusion of e"idence taFen from the body when it maybe material.

DIII. Rules on "8A 5vidence

53TAT5 7$ R7G5#I7 78G D. "IAN

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewer+ mom and putati"e father li"ed-in and concei"ed minor child nowpetitioning for support. Putati"e father denied being father, thoughadmitted that he had actual se5ual relations with mother. Putati"e fatheroffered to submit self to %/A testing but died1 %eath of the source of the biological sample is not a bar for %/A testing-nder the /ew 'ules on %/A !esting

%/A !esting "erified and credible scientific methods which include thee5traction of %/A from biological samples, the generation of %/A profilesand the comparison of the information obtained from the %/A testing ofbiological samples for the purpose of determining, with reasonablecertainty, whether or not the %/A obtained from 3 or more distinctbiological samples originates from the same person 8direct identificationYor if the biological samples originate from related persons 8Finshipanalysis:6nder Section 4, an appropriate court may order the conduct of %/Atesting motu proprio or on application of any person who has legal interestin the matter in litigation$*((L*#A SAMP& any organic material originating from a personsbody, e"en if found in inanimate objects, that is susceptible to %/A testing.*ncludes

bloodsali"abody fluidstissueshairsbones6so as long as any of these biological samples may be obtained from'ogelio (ng, %/A test may be conducted

"8A @IN TIP2pecial *eview

). case of 45RR5RA D. A#BA rules in provin filiationKfour sinificant procedural aspects of a traditional paternit& action

<. prima facie case that something happened between the two putati"eparents

3. affirmati"e defenses that the putati"e mother had se5ual relationswith other men or incapability of se5ual relations

D. presumed legitimacy 8in case putati"e parents are married andchild born during marriage:

4. physical resemblance

K#aws esta'lis%in $iliation<03 and <04 +#

8<: !he record of birth appearing in the ci"il register or a final judgment; or83: An admission of legitimate filiation in a public document or a pri"atehandwritten instrument and signed by the parent concerned.

*n the a'sence of t%e foreoin evidence, the legitimate filiation shall be pro"edby8<: !he open and continuous possession of the status of a legitimate child; or83: Any other means allowed by the 'ules of #ourt and special laws.

Q Rules on 5vidence P5"IGR55'& <DCS&#. DN. Act or declaration about pedigree.J!he act or declaration of a persondeceased, or unable to testify, in respect to the pedigree of another person relatedto him by birth or marriage, may be recei"ed in e"idence where it occurred beforethe contro"ersy, and the relationship between the two persons is shown by e"idence

other than such act or declaration. !he word QpedigreeR includes relationship,family genealogy, birth, marriage, death, the dates when and the places wherethese facts occurred, and the names of the relati"es. *t embraces also facts offamily history intimately connected with pedigree.

S&#. 4C. +amily reputation or tradition regarding pedigree.J!he reputation ortradition e5isting in a family pre"ious to the contro"ersy, in respect to the pedigreeof any one of its members, may be recei"ed in e"idence if the witness testifyingthereon be also a member of the family, either by consanguinity or affinity. &ntriesin family bibles or other family booFs or charts, engra"ing on rings, family portraitsand the liFe, may be recei"ed as e"idence of pedigree.

Blood testin conclusi"e merely on the /(/ PA!&'/*!@ of the +ather%/A typing simply means determining the Qpol&morp%ic loci.R

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Medical Jurisprudence Prof. Grecia-Pascual _ MidtermsReviewerfive 92: tec%niues to conduct "8A t&pin<. '+P 8restriction fragment length polymorphism:;3. Qre"erse dot blotR or 1A % a2Pm loci used in 3B0 cases that were admitted ase"idence by D0 courts in the .S. as of /o"ember <NN4;D. mt%/A process;4. )/!' 8"ariable number tandem repeats:;H. P#'-8VpolymeraseW chain reaction: based S!' 8short tandem repeats: method

which, as of <NNI, was a"ailed of by most forensic laboratories in the world. P(R isthe process of replicating or copying %/A in an e"idence sample a million timesthrough repeated cycling of a reaction in"ol"ing the so-called %/A polymerizeenzyme. 3TR= on the other hand, taFes measurements in <D separate places andcan match two 83: samples with a reported theoretical error rate of less than one 8<:in a trillion.

Paternit& Test usin "8A<. forensic scientist looFs at number of "ariable regions in an

indi"idual to produce a %/A profile.3. %/A profiles of the mother and the child e5amined to determine

which half of the childs %/A was inherited from momD. e5amine alleged fathers %/A profile to ascertain whether his %/A

profile matches that of the child

4. if the comparison reached a NN.NX minimum "alue of probability ofpaternity inclusion 8E:, then there is a refutable presumption ofpaternity, to be subjected to )allejo standards

-fr&e= sc%wart1= dau'ert$r&e v. @.3.$ the trial court con"icted +rye of murder. +rye appealed his con"iction to theSupreme #ourt of the %istrict of #olumbia. %uring trial, +ryes counsel offered ane5pert witness to testify on the result of a s&stolic 'lood pressure deceptiontest 8!his form of lie detector test asserts that Qblood pressure is influenced bychange in the emotions of the witness, and that the systolic blood pressure rises arebrought about by ner"ous impulses sent to the sympathetic branch of the ner"oussystem.R: made on defendant.4 affirmed +ryes con"iction and ruled that /the systolic blood pressure deceptiontest has not yet gained such standing and scientific recognition among physiologicaland psychological authorities as would justify the courts in admitting expert

testimony deduced from the discovery, development, and experiments thus farmade&0 !he $r&e standard of eneral acceptance states as follows

ust when a scientific principle or disco"ery crosses the line between thee5perimental and demonstrable stages is difficult to define. Somewhere in thistwilight zone the e"idential force of the principle must be recognized, and whilecourts will go a long way in admitting epert testimony deduced from awell recogni/ed scientific principle or discovery, the thing from whichthe deduction is made must be sufficiently established to have gainedgeneral acceptance in the particular field in which it belongs.

3tate v. 3c%wart1$ Schwartz was charged with stabbing and murder. $loodstained articles and bloodsamples of the accused and the "ictim were submitted for %/A testing to ago"ernment facility and a pri"ate facility. !he prosecution introduced the pri"atetesting facilitys results o"er Schwartzs objection. (ne of the issues brought before

the state Supreme #ourt included the admissibility of %/A test results in a criminalproceeding.4 9modification of t%e $r&e standard: Ehile we agree with the trial court thatforensic %/A typing has gained general acceptance in the scientific community, wehold that admissibility of specific test results in a particular case hinges onthe laboratory6s compliance with appropriate standards and controls, andthe availability of their testing data and results.

"au'ert v. Merrell "ow P%armaceuticals= Inc.

$ a product liability case where both the trial and appellate courts denied theadmissibility of an e5perts testimony because it failed to meet the +rye standard ofQgeneral acceptance.R4 9furt%er modified $r&e standard: in federal trials, the +ederal 'ules of&"idence ha"e superseded the +rye standard. %aubert cautions that departure fromthe +rye standard of general acceptance does not mean that the +ederal 'ules donot place limits on the admissibility of scientific e"idence. 'ather, the judge mustensure that the testimonys reasoning or method is scientifically "alid and isrele"ant to the issue. Admissibility would depend on factors such as8<: whether the theory or techni>ue can be or has been tested;83: whether the theory or techni>ue has been subjected to peer re"iew andpublication;8D: the Fnown or potential rate of error;

84: the e5istence and maintenance of standards controlling the techni>uesoperation; and8H: whether the theory or techni>ue is generally accepted in the scientificcommunity.

Fum%o Tires (o. v. (armic%ael

4 *f scientific, technical or other specialized Fnowledge will assist the trier of fact tounderstand the e"idence or to determine a fact in issue, a witness >ualified as ane5pert by Fnowledge, sFill, e5perience, training, or education, may testify thereto inthe form of an opinion or otherwise, if8<: the testimony is based upon sufficient facts or data,83: the testimony is the product of reliable principles and methods, and8D: the witness has applied the principles and methods reliably to the facts of thecase.

,. (ase of DalleLo - pro'ative value of "8A testin#ourt should consider, among other things

<. how the samples were collected3. how the samples were handledD. the possibility of contamination4. whether the proper standards and procedures were followed in

conducting the testsH. the >ualification of the analyst who conducted the tests

-purpose of "8A testin from DalleLo !he purpose of %/A testing is toascertain whether an association e5ists between the e"idence sample and thereference sample. !he samples collected are subjected to "arious chemicalprocesses to establish their profile.

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. 3tud& (ases and ratio for eac% case 9multiple c%oice Sto usuall&:- mam will state a doctrine tapos &ou c%oose amon t%e caseslisted

*. Rules on "8A 5vidence 9t%is is ver& important= mam ot most oft%e e?am uestions %ere= so 'e sure to memori1esection "efinition of terms

a) $iological sample means any organic material originating from a person�s

body, e"en if found in inanimate objects, that is susceptible to %/A testing. !his includes blood, sali"a and other body fluids, tissues, hairs and bones;

b) %/A means deo5yribonucleic acid, which is the chain of molecules found ine"ery nucleated cell of the body. !he totality of an indi"idual�s %/A isuni>ue for the indi"idual, e5cept identical twins;

c) %/A e"idence constitutes the totality of the %/A profiles, results and othergenetic information directly generated from %/A testing of biologicalsamples;

d: %/A profile means genetic information deri"ed from %/A testing of abiological sample obtained from a person, which biological sample is clearlyidentifiable as originating from that person;

e: %/A testing means "erified and credible scientific methods which includethe e5traction of %/A from biological samples, the generation of %/Aprofiles and the comparison of the information obtained from the %/Atesting of biological samples for the purpose of determining, withreasonable certainty, whether or not the %/A obtained from two or moredistinct biological samples originates from the same person 8directidentification: or if the biological samples originate from related persons8Finship analysis:; and

f: Probability of Parentage means the numerical estimate for the liFelihood ofparentage of a putati"e parent compared with the probability of a randommatch of two unrelated indi"iduals in a gi"en population.

section * application of "8A Testin 7rder - list down t%e process9process...:S&#. 4. Application for %/A !esting (rder. !he appropriate court may, at any time,either motu proprio or on application of any person who has a legal interest in thematter in litigation, order a %/A testing. Such order shall issue after due hearing andnotice to the parties upon a showing of the following8a: A biological sample e5ists that is rele"ant to the case;8b: !he biological sample 8i: was not pre"iously subjected to the type of %/A testingnow re>uested; or 8ii: was pre"iously subjected to %/A testing, but the results mayre>uire confirmation for good reasons;8c: !he %/A testing uses a scientifically "alid techni>ue;8d: !he %/A testing has the scientific potential to produce new information that isrele"ant to the proper resolution of the case; and8e: !he e5istence of other factors, if any, which the court may consider as potentiallyaffecting the accuracy or integrity of the %/A testing.

3ec. 2. "8A Testin 7rder.*f the court finds that the re>uirements in Section 4 hereof ha"e been complied with,the court shall

a. (rder, where appropriate, that biological samples be taFen from any person orcrime scene e"idence;b. *mpose reasonable conditions on %/A testing designed to protect the integrity ofthe biological sample, the testing process and the reliability of the test results,including the condition that the %/A test results shall be simultaneously disclosed toparties in"ol"ed in the case; andc. *f the biological sample taFen is of such an amount that pre"ents the conduct of

confirmatory testing by the other or the ad"erse party and where additionalbiological samples of the same Find can no longer be obtained, issue an orderre>uiring all parties to the case or proceedings to witness the %/A testing to beconducted.An order granting the %/A testing shall be immediately e5ecutory and shall not beappealable. Any petition for certiorari initiated therefrom shall not, in any way, staythe implementation thereof, unless a higher court issues an injuncti"e order. !hegrant of %/A testing application shall not be construed as an automatic admissioninto e"idence of any component of the %/A e"idence that may be obtained as aresult thereof.

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