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Held: Yes
Case Digest and Related Provisions on Legal Medicine based on Atty. Rodel 2
Capule’s Syllabus
Rivad, Sherine L. | 1st Sem AY 2015 – 2016 | Arellano University School of Law
prompt states to exclude people without licenses from
practicing medicine.
Held: No
The Court believes that the government is entitled to Held: Given that the Secretary of Education, Culture and
prescribe an admission test like the NMAT as a means Sports exercises the power to enjoin compliance with the
of achieving its stated objective of "upgrading the requirements laid down for medical schools and to mete out
selection of applicants into our medical schools" and of sanctions where he finds that violations thereof have been
"improving the quality of medical education in the committed, it was a grave abuse of discretion for the
country." respondent judge to issue the questioned injunction and
thereby thwart official action, in the premises correctly taken,
THE BOARD OF MEDICAL EDUCATION and the HON. allowing the College to operate without the requisite
LOURDES R. QUISUMBING, in her capacity as Secretary of government permit. A single ocular inspection, done after the
the Department of Education, Culture and Sports and College had been pre-warned thereof, did not, in the
Chairman, Board of Medical Education, petitioners, vs. HON. circumstances, warrant only the findings of more qualified
DANIEL P. ALFONSO, Presiding Judge of the Regional Trial inspectors about the true state of the College, its faculty,
Court, Branch 74, Fourth Judicial Region, Antipolo, Rizal, and facilities, operations, etc. The, members of the evaluating
the PHILIPPINE MUSLIM-CHRISTIAN COLLEGE OF MEDICINE team came from the different sectors in the fields of
FOUNDATION, INC., respondents. education and medicine, and their judgment in this particular
G.R. No. 88259 | August 10, 1989 (EB) area is certainly better than that of the respondent Judge
whose sole and only visit to the school could hardly have
Facts: Petitioners BME, the government agency which given him much more to go on than a brief look at the
supervises and regulates the country’s medical colleges, Sec. physical plant and facilities and into the conduct of the
Quisimbing, chairman of the Department of Education, Culture classes and other school activities. Respondent Judge gravely
and Sports prayed for a writ of certiorari to nullify the order of abused his discretion in substituting his judgment for theirs. It
herein Respondent Judge Alfonso in Civil case No. 1385 is well-settled doctrine that courts of justice should not
restraining the enforcement of Pet. Order of closure of generally interfere with purely administrative and
Philippine Muslim-Christian College of Medicine Foundation discretionary functions; that courts have no supervisory power
Inc(the college). -The college was founded on 1981 for the over the proceedings and actions of the administrative
purpose of producing physicians who will emancipate Muslim departments of the government; involving the exercise of
citizens from age-old attitudes of health. -However, because judgment and findings of facts, because by reason of their
of the unstable peace and order situation in Mindanao, the special knowledge and expertise over matters falling under
college was established in Antipolo, Rizal, given a temporary their jurisdiction, the latter are in a better position to pass
permit to operate instead of the originally proposed location in judgment on such matters and their findings of facts in that
Zamboanga City. Antipolo was adopted as its permanent site regard are generally accorded respect, if not finality, by the
and the name was changed to Rizal College of Medicine. -In courts. There are, to be sure, exceptions to this general rule
1985, DECS & BME authorized the Commission on Medical but none of them obtains in this case.
Education to conduct a study of all Medical Schools in the
Philippines. -The report showed that the college fell very much
short of the minimum standards set for medical schools.
Further, the team of inspectors cited the ff. Grounds among
others: (a)the College was not fulfilling its purpose due
inappropriate location (b)lack of university affiliation for
balance humanistic and scientific education (c) absence of
philosophy based hospitals for student’s training (d)more than
60% of the college faculty did not teach full time -The school
disputed these findings as biased and discriminatory and
requested BME to send another team of doctors for re-
evaluation. 2nd team confirmed the previous findings and
recommended the phase-out of the school. -There were third
and fourth evaluations but the college failed both and was
rendered inadequate in all aspects. -The DECS recommended
the college for closure but somehow the college succeeded to
have the Board form yet another team of inspectors but
although the findings show that there were major efforts to
improve the college, it is still rendered inadequate and
recommended for closure w/ provisions to disperse its
students to other medical schools. -Mr. Victor
Sumulong(chairman of BOT), upon learning the same
Case Digest and Related Provisions on Legal Medicine based on Atty. Rodel 5
Capule’s Syllabus
Rivad, Sherine L. | 1st Sem AY 2015 – 2016 | Arellano University School of Law
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS
(DECS) and DIRECTOR OF CENTER FOR EDUCATIONAL
MEASUREMENT, petitioners, vs. ROBERTO REY C. SAN
DIEGO and JUDGE TERESITA DIZON-CAPULONG, in her
capacity as Presiding Judge of the Regional Trial Court of
Valenzuela, Metro Manila, Branch 172, respondents.
G.R. No. 89572 | December 21, 1989 (EB)
Held: No
Case Digest and Related Provisions on Legal Medicine based on Atty. Rodel 6
Capule’s Syllabus
Rivad, Sherine L. | 1st Sem AY 2015 – 2016 | Arellano University School of Law
The subject of the challenged regulation is certainly within the
ambit of the police power. It is the right and indeed the Held: No
responsibility of the State to insure that the medical
profession is not infiltrated by incompetents to whom patients Respondents counter that having passed the 1993 licensure
may unwarily entrust their lives and health. examinations for physicians, the petitioners have the
obligation to administer to them the oath as physicians and to
The method employed by the challenged regulation is not issue their certificates of registration as physicians pursuant
irrelevant to the purpose of the law nor is it arbitrary or to Section 20 of Rep. Act No. 2382.
oppressive. The three-flunk rule is intended to insulate the
medical schools and ultimately the medical profession from The intent or meaning of the statute should be ascertained
the intrusion of those not qualified to be doctors. from the statute taken as a whole, not from an isolated part of
the provision. Accordingly, Section 20, of Rep. Act No. 2382,
While every person is entitled to aspire to be a doctor, he as amended should be read in conjunction with the other
does not have a constitutional right to be a doctor. This is true provisions of the Act. Thus, to determine whether the
of any other calling in which the public interest is involved; petitioners had the ministerial obligation to administer the
and the closer the link, the longer the bridge to one's Hippocratic Oath to respondents and register them as
ambition. The State has the responsibility to harness its physicians, recourse must be had to the entirety of the
human resources and to see to it that they are not dissipated Medical Act of 1959.
or, no less worse, not used at all. These resources must be
applied in a manner that will best promote the common good A careful reading of Section 20 of the Medical Act of 1959
while also giving the individual a sense of satisfaction. discloses that the law uses the word "shall" with respect to
the issuance of certificates of registration. Thus, the
The right to quality education invoked by the private petitioners "shall sign and issue certificates of registration to
respondent is not absolute. The Constitution also provides those who have satisfactorily complied with the requirements
that "every citizen has the right to choose a profession or of the Board." In statutory construction the term "shall" is a
course of study, subject to fair, reasonable and equitable word of command. It is given imperative meaning. Thus, when
admission and academic requirements. an examinee satisfies the requirements for the grant of his
physician’s license, the Board is obliged to administer to him
The contention that the challenged rule violates the equal his oath and register him as a physician, pursuant to Section
protection clause is not well-taken. A law does not have to 20 and par. (1) of Section 2225 of the Medical Act of 1959.
operate with equal force on all persons or things to be
conformable to Article III, Section 1 of the Constitution. However, the surrounding circumstances in this case call for
serious inquiry concerning the satisfactory compliance with
There can be no question that a substantial distinction exists the Board requirements by the respondents. The unusually
between medical students and other students who are not high scores in the two most difficult subjects was
subjected to the NMAT and the three-flunk rule. The medical phenomenal, according to Fr. Nebres, the consultant of PRC on
profession directly affects the very lives of the people, unlike the matter, and raised grave doubts about the integrity, if not
other careers which, for this reason, do not require more validity, of the tests. These doubts have to be appropriately
vigilant regulation. The accountant, for example, while resolved.
belonging to an equally respectable profession, does not hold
the same delicate responsibility as that of the physician and The function of mandamus is not to establish a right but to
so need not be similarly treated. enforce one that has been established by law. If no legal right
has been violated, there can be no application of a legal
There would be unequal protection if some applicants who remedy, and the writ of mandamus is a legal remedy for a
have passed the tests are admitted and others who have also legal right. There must be a well-defined, clear and certain
qualified are denied entrance. In other words, what the equal legal right to the thing demanded. It is long established rule
protection requires is equality among equals. that a license to practice medicine is a privilege or franchise
granted by the government.
PROFESSIONAL REGULATION COMMISSION (PRC) et al.
vs. ARLENE V. DE GUZMAN et al. It is true that this Court has upheld the constitutional right of
G.R. No. 144681 | June 21, 2004 (2D) every citizen to select a profession or course of study subject
to a fair, reasonable, and equitable admission and academic
Facts: The respondents are all graduates of the Fatima College requirements. But like all rights and freedoms guaranteed by
of Medicine, Valenzuela City, Metro Manila. They passed the the Charter, their exercise may be so regulated pursuant to
Physician Licensure Examination conducted in February 1993 the police power of the State to safeguard health, morals,
by the Board of Medicine (Board). Petitioner Professional peace, education, order, safety, and general welfare of the
Regulation Commission (PRC) then released their names as people. Thus, persons who desire to engage in the
successful examinees in the medical licensure examination. learned professions requiring scientific or technical
Shortly thereafter, the Board observed that the grades of the knowledge may be required to take an examination as
seventy-nine successful examinees from Fatima College in the a prerequisite to engaging in their chosen careers. This
two most difficult subjects in the medical licensure exam, regulation takes particular pertinence in the field of
Biochemistry (Bio-Chem) and Obstetrics and Gynecology (OB- medicine, to protect the public from the potentially
Gyne), were unusually and exceptionally high. Eleven Fatima deadly effects of incompetence and ignorance among
examinees scored 100% in Bio-Chem and ten got 100% in OB- those who would practice medicine. In a previous case, it
Gyne, another eleven got 99% in Bio-Chem, and twenty-one may be recalled, this Court has ordered the Board of Medical
scored 99% in OB-Gyne. Examiners to annul both its resolution and certificate
authorizing a Spanish subject, with the degree of Licentiate in
For its part, the NBI found that “the questionable passing rate Medicine and Surgery from the University of Barcelona, Spain,
of Fatima examinees in the 1993 Physician Examination leads to practice medicine in the Philippines, without first passing
to the conclusion that the Fatima examinees gained early the examination required by the Philippine Medical Act. In
access to the test questions.” another case worth noting, we upheld the power of the State
to upgrade the selection of applicants into medical schools
Issue: Whether or not respondents should be allowed to take through admission tests.
their oaths as physicians and be registered in the rolls of the
PRC, having fulfilled the requirements of Republic Act No. In the present case, the aforementioned guidelines are
2382 provided for in Rep. Act No. 2382, as amended, which
Case Digest and Related Provisions on Legal Medicine based on Atty. Rodel 7
Capule’s Syllabus
Rivad, Sherine L. | 1st Sem AY 2015 – 2016 | Arellano University School of Law
prescribes the requirements for admission to the practice of or activity without prescribing definite rules and conditions for
medicine, the qualifications of candidates for the board the guidance of said officials in the exercise of their power.
examinations, the scope and conduct of the examinations, the
grounds for denying the issuance of a physician’s license, or R.A. No. 2382, which provides who may be candidates for the
revoking a license that has been issued. Verily, to be granted medical board examinations, merely requires a foreign citizen
the privilege to practice medicine, the applicant must show to submit competent and conclusive documentary evidence,
that he possesses all the qualifications and none of the confirmed by the Department of Foreign Affairs (DFA),
disqualifications. Furthermore, it must appear that he has fully showing that his country’s existing laws permit citizens of the
complied with all the conditions and requirements imposed by Philippines to practice medicine under the same rules and
the law and the licensing authority. Should doubt taint or mar regulations governing citizens thereof.
the compliance as being less than satisfactory, then the
privilege will not issue. For said privilege is distinguishable Nowhere in said statutes is it stated that the foreign applicant
from a matter of right, which may be demanded if denied. must show that the conditions for the practice of medicine in
Thus, without a definite showing that the aforesaid said country are practical and attainable by Filipinos. Neither
requirements and conditions have been satisfactorily met, the is it stated that it must first be proven that a Filipino has been
courts may not grant the writ of mandamus to secure said granted license and allowed to practice his profession in said
privilege without thwarting the legislative will. country before a foreign applicant may be given license to
practice in the Philippines.
BOARD OF MEDICINE, DR. RAUL FLORES (now DR. JOSE S.
RAMIREZ), in his capacity as Chairman of the Board, While it is true that respondent failed to give details as to the
PROFESSIONAL REGULATION COMMISSION, through its conditions stated in the Medical Practitioners Law of Japan --
Chairman, HERMOGENES POBRE (now DR. ALCESTIS M. i.e., the provisions of the School Educations Laws, the criteria
GUIANG), Petitioners, vs. YASUYUKI OTA, Respondent. of the Minister of Health and Welfare of Japan in determining
G.R. No. 166097 | July 14, 2008 (3D) whether the academic and technical capability of foreign
medical graduates are the same as or better than that of
Facts: Yasuyuki Ota (respondent) is a Japanese national, graduates of medical schools in Japan, and who can actually
married to a Filipina, who has continuously resided in the qualify to take the preparatory test for the National Medical
Philippines for more than 10 years. He graduated from Bicol Examination – respondent, however, presented proof that
Christian College of Medicine on April 21, 1991 with a degree foreigners are actually practicing in Japan and that Filipinos
of Doctor of Medicine. After successfully completing a one- are not precluded from getting a license to practice there.
year post graduate internship training at the Jose Reyes
Memorial Medical Center, he filed an application to take the
medical board examinations in order to obtain a medical
license. He was required by the Professional Regulation
Commission (PRC) to submit an affidavit of undertaking,
stating among others that should he successfully pass the
same, he would not practice medicine until he submits proof
that reciprocity exists between Japan and the Philippines in
admitting foreigners into the practice of medicine.
Held: No. A Person’s First Name Cannot Be Changed On the The changes sought by petitioner will have serious and wide-
Ground of Sex Reassignment. ranging legal and public policy consequences. First, even the
trial court itself found that the petition was but petitioner’s
The State has an interest in the names borne by first step towards his eventual marriage to his male fiancé.
individuals and entities for purposes of identification. However, marriage, one of the most sacred social institutions,
A change of name is a privilege, not a right. Petitions for is a special contract of permanent union between a man and a
change of name are controlled by statutes. In this connection, woman. One of its essential requisites is the legal capacity of
Article 376 of the Civil Code provides: the contracting parties who must be a male and a female. To
grant the changes sought by petitioner will substantially
ART. 376. No person can change his name or reconfigure and greatly alter the laws on marriage and family
surname without judicial authority. relations. It will allow the union of a man with another man
who has undergone sex reassignment (a male-to-female post-
This Civil Code provision was amended by RA 9048 (Clerical operative transsexual). Second, there are various laws which
Error Law). In particular, Section 1 of RA 9048 provides: apply particularly to women such as the provisions of the
Labor Code on employment of women, certain felonies under
SECTION 1. Authority to Correct Clerical or the Revised Penal Code and the presumption of survivorship in
Typographical Error and Change of First Name or case of calamities under Rule 131 of the Rules of Court,
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among others. These laws underscore the public policy in which should not be subject to outright denial. "It has been
relation to women which could be substantially affected if suggested that there is some middle ground between the
petitioner’s petition were to be granted. sexes, a ‘no-man’s land’ for those individuals who are neither
truly ‘male’ nor truly ‘female’." The current state of Philippine
Petitioner REPUBLIC vs. JENNIFER B. CAGANDAHAN statutes apparently compels that a person be classified either
G.R. No. 166676 | September 12, 2008 (2D) as a male or as a female, but this Court is not controlled by
mere appearances when nature itself fundamentally negates
Facts: Respondent Jennifer Cagandahan filed a Petition for such rigid classification.
Correction of Entries in Birth Certificate. In her petition, she
alleged that she was born on January 13, 1981 and was In the instant case, if we determine respondent to be a
registered as a female in the Certificate of Live Birth but while female, then there is no basis for a change in the birth
growing up, she developed secondary male characteristics certificate entry for gender. But if we determine, based on
and was diagnosed to have Congenital Adrenal Hyperplasia medical testimony and scientific development showing the
(CAH) which is a condition where persons thus afflicted respondent to be other than female, then a change in the
possess both male and female characteristics. She further subject’s birth certificate entry is in order.
alleged that she was diagnosed to have clitoral hyperthropy in
her early years and at age six, underwent an ultrasound Biologically, nature endowed respondent with a mixed
where it was discovered that she has small ovaries. At age (neither consistently and categorically female nor consistently
thirteen, tests revealed that her ovarian structures had and categorically male) composition. Respondent has female
minimized, she has stopped growing and she has no breast or (XX) chromosomes. However, respondent’s body system
menstrual development. She then alleged that for all interests naturally produces high levels of male hormones (androgen).
and appearances as well as in mind and emotion, she has As a result, respondent has ambiguous genitalia and the
become a male person. Thus, she prayed that her birth phenotypic features of a male.
certificate be corrected such that her gender be changed from
female to male and her first name be changed from Jennifer to Ultimately, we are of the view that where the person is
Jeff. biologically or naturally intersex the determining
factor in his gender classification would be what the
Issue: Whether or not respondent’s petition of correction of individual, like respondent, having reached the age of
entries in the birth certificate of respondent to change her sex majority, with good reason thinks of his/her sex.
or gender, from female to male, on the ground of her medical Respondent here thinks of himself as a male and considering
condition known as CAH, and her name from "Jennifer" to that his body produces high levels of male hormones
"Jeff," under Rules 103 and 108 of the Rules of Court can be (androgen) there is preponderant biological support for
properly granted considering him as being male. Sexual development in
cases of intersex persons makes the gender
Held: Yes classification at birth inconclusive. It is at maturity
that the gender of such persons, like respondent, is
Respondent undisputedly has CAH. This condition fixed.
causes the early or "inappropriate" appearance of male
characteristics. A person, like respondent, with this Respondent here has simply let nature take its course and has
condition produces too much androgen, a male not taken unnatural steps to arrest or interfere with what he
hormone. A newborn who has XX chromosomes coupled with was born with. And accordingly, he has already ordered his life
CAH usually has a (1) swollen clitoris with the urethral opening to that of a male. Respondent could have undergone
at the base, an ambiguous genitalia often appearing more treatment and taken steps, like taking lifelong medication, to
male than female; (2) normal internal structures of the female force his body into the categorical mold of a female but he did
reproductive tract such as the ovaries, uterus and fallopian not. He chose not to do so. Nature has instead taken its due
tubes; as the child grows older, some features start to appear course in respondent’s development to reveal more fully his
male, such as deepening of the voice, facial hair, and failure male characteristics.
to menstruate at puberty. About 1 in 10,000 to 18,000
children are born with CAH. In the absence of a law on the matter, the Court will not
dictate on respondent concerning a matter so innately private
CAH is one of many conditions that involve intersex as one’s sexuality and lifestyle preferences, much less on
anatomy. During the twentieth century, medicine adopted whether or not to undergo medical treatment to reverse the
the term "intersexuality" to apply to human beings who male tendency due to CAH. The Court will not consider
cannot be classified as either male or female. The term is now respondent as having erred in not choosing to undergo
of widespread use. According to Wikipedia, intersexuality "is treatment in order to become or remain as a female. Neither
the state of a living thing of a gonochoristic species whose sex will the Court force respondent to undergo treatment and to
chromosomes, genitalia, and/or secondary sex characteristics take medication in order to fit the mold of a female, as society
are determined to be neither exclusively male nor female. An commonly currently knows this gender of the human species.
organism with intersex may have biological characteristics of Respondent is the one who has to live with his intersex
both male and female sexes." anatomy. To him belongs the human right to the
pursuit of happiness and of health. Thus, to him should
Intersex individuals are treated in different ways by different belong the primordial choice of what courses of action
cultures. In most societies, intersex individuals have been to take along the path of his sexual development and
expected to conform to either a male or female gender role. maturation. In the absence of evidence that
Since the rise of modern medical science in Western societies, respondent is an "incompetent" and in the absence of
some intersex people with ambiguous external genitalia have evidence to show that classifying respondent as a male
had their genitalia surgically modified to resemble either male will harm other members of society who are equally
or female genitals. More commonly, an intersex individual is entitled to protection under the law, the Court affirms
considered as suffering from a "disorder" which is almost as valid and justified the respondent’s position and his
always recommended to be treated, whether by surgery personal judgment of being a male.
and/or by taking lifetime medication in order to mold the
individual as neatly as possible into the category of either In so ruling we do no more than give respect to (1) the
male or female. diversity of nature; and (2) how an individual deals
with what nature has handed out. In other words, we
In deciding this case, we consider the compassionate calls for respect respondent’s congenital condition and his
recognition of the various degrees of intersex as variations mature decision to be a male. Life is already difficult
Case Digest and Related Provisions on Legal Medicine based on Atty. Rodel 12
Capule’s Syllabus
Rivad, Sherine L. | 1st Sem AY 2015 – 2016 | Arellano University School of Law
for the ordinary person. We cannot but respect how masculine name. Considering the consequence that
respondent deals with his unordinary state and thus respondent’s change of name merely recognizes his preferred
help make his life easier, considering the unique gender, we find merit in respondent’s change of name. Such a
circumstances in this case. change will conform with the change of the entry in his birth
certificate from female to male.
As for respondent’s change of name under Rule 103, this
Court has held that a change of name is not a matter of right
but of judicial discretion, to be exercised in the light of the
reasons adduced and the consequences that will follow.[28]
The trial court’s grant of respondent’s change of name from
Jennifer to Jeff implies a change of a feminine name to a
Case Digest and Related Provisions on Legal Medicine based on Atty. Rodel 13
Capule’s Syllabus
Rivad, Sherine L. | 1st Sem AY 2015 – 2016 | Arellano University School of Law