Beruflich Dokumente
Kultur Dokumente
10.
IGNORANTIA LEGIS NEMINEM EXCUSAT
Commission PRC
Court MTC or RTC
PMA Philippine Medical Association
LIABILITIES OF PHYSICIANS
Characteristics:
Transcribed by: KC
*Perjury can be filed against you if you are proven to have lied under oath
I. How commenced
Complaint must be complete and notarized
II. Who can file
Any person
1. Personal service
2. Registered mail
3. Ordinary mail
4. Publication
Rights of the Respondent
*If there has been a subpoena sent but you did not make an appearance on
court, you will be held in contempt.
1.
2.
3.
Personal disqualification
Criminal acts
Unprofessional conduct
Grounds under the Rules and Regulation for Administrative Investigation
1. Personal disqualification
1.1.
Immoral or dishonorable conduct
is disgraceful,
unbecoming, unethical, or repulsive to the moral standards in a
society.
1.2
1.3
1.4
2. Criminal acts
2.1. Conviction by a court of competent jurisdiction of any criminal
Some of the particular crimes which have been held to involve moral
turpitude are:
adultery
concubinage
rape
arson
evasion of income tax
forgery
bigamy
blackmail
criminal conspiracy to smuggle opium
bribery
dueling
extortion
embezzlement
perjury
libel
seduction under promise of
making fraudulent proof of loss on
marriage
insurance contract
estafa
murder
falsification of public
mutilation of public records
document
fabrication of evidence
estafa thru falsification of
offenses against pension laws
public document
3. Unprofessional conduct
3.1. False extravagant or unethical
3.2. Issuing
1. Filing of complaint
2. Board investigates if probable cause exist
3. Summons served to respondent requiring
2002 (R.A.
9165) - (Dangerous Drug Act of 1972 as amended [R.A. 6425])
*Judicial revocation means that the court, instead of the PRC will be the one
to revoke your license.
B. Criminal Liability of Physicians
NULLUM CRIMEN, NULLA POENA SINE LEGE Theres no crime if theres no
law punishing an act
Characteristic of Criminal case:
turpitude
How commenced:
Complaint or information defined:
Complaint is a sworn statement charging a person with an offense,
subscribed by the offended party, any peace officer or other public
officer charged with the enforcement of the law violated.
Information is an accusation in writing charging a person with an
offense subscribed by the fiscal and filed with the court.
1.
2.
1.
2.
1. That
1. Arraignment
2. Arrest
Rights of the Accused:
1. Rules of Court
2. Under the Philippine Constitution
Grounds:
Certificate, defined
Any writing by which testimony is given that a fact has or has
not taken place.
Penalty:
Arresto mayor, maximum to prision correctional, minimum
(4mos and 1 day to 2 years and four mos)
Transcribed by: KC
skill.
Penalty
Penalties provided for intentional abortion shall be imposed
in the maximum period
(Reclusion temporal, prision mayor, prision correccional)
*reclusion temporal
maximum period - 17 years, 4 months and 1 day to 20 years
medium period - 14 years, 8 months and 1 day to 17 years and 4
months
minimum period - 12 years and one day to 14 years and 8 months
*prision mayor
maximum period (10 years and one day to 12 years)
medium period (8 years and one day to 10 years)
minimum period (6 years and one day to 8 years)
*prision correccional
a delivery in order to
conceal that a woman has conceived a child even if she didnt
3. Concealing
Liability of M.D.
Cooperates in the execution of any of the above crime in
violation of the duties of his profession.
Elements:
1. M.D.
Injury
3. The
Penalty:
Imprisonment of not less than 1 year nor more than three
years and/or a fine of not less than 1,000 nor more than 3,000
pesos and cancellation of license after the sentence imposed by
the military tribunal has become final and executory.
*PD 169 was promulgated by Ferdinand Marcos thats why there was the
term Philippine Constabulary and military tribunal in the title.
Serious Physical Injury, How committed:
or
administering
injurious
1. Injured
lack of skill
failure in precaution
avoided by taking the
necessary
precaution
once
foreseen
d. becomes deformed; or
e. loses any other member of his body; or
f. loses the use thereof; or
g. becomes ill or incapacitated for the performance of the work he
was habitually engaged for more than 90 days, in consequence of
the physical injury
3. When the injured person becomes ill or incapacitated for labor for more
than 30 days (but must not be more than 90 days) as a result of the
physical injury inflicted.
That the P.I. must not be those described in the preceding articles.
Elements:
Elements:
3. The
4. In
Penalty:
For # 1-3 Fine of not more than 2,000 pesos.
For #4, fine of not less than 2,000 pesos or by imprisonment of
not more than 1 year or both
Criminal liabilities incidental to the Practice of Profession
Title 14 of Revised
Imprudence
deficiency of action
Transcribed by: KC
lack of foresight
failure in advertence
paying proper attention
and using due diligence in
foreseeing them
Negligence
deficiency in perception
*In prescribing opioids, it is essential that you get an S2 number and a yellow
prescription from the Dangerous Drugs Board.
Acts punishable:
Penalty:
4. R.A.
2. Any person whose duty is to report any fact concerning the civil
Penalty:
Penalty:
if a person acts with abuse, his right to act ceases, and his act
becomes illicit, giving rise to liability
Act punishable:
Transcribed by: KC
How commenced.
Complaint
Who can file.
Summons
Evidence needed.
Preponderance of evidence
Elements:
By Arias Ramos.
1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts
1. Breach of Contract
Contract defined.
A contract is a meeting
Freedom to Contract.
EQUITY
2.2
2.3
Art. II
Sec. 1. Attend to his patients faithfully and
conscientiously. Secure for them all possible benefits that may
depend upon his professional skill and care.
1. Duty;
2. Breach;
3. Injury; and
4. Proximate causation.
Duties of M.D. to his patient
and
dignity. The health of my patient will be my first consideration. I
will hold in confidence all that my patients confide me.
Transcribed by: KC
3. Ignorance
Absence of knowledge
4. Departure from accepted practice
KCs Notes
http://www.batasnatin.com
END OF TRANS
Guys, sinama ko na yung definition ng penalties as reference na din for
succeeding lectures. Thank you.
Transcribed by: KC