med jurisprudence report

8/3/2019 Med Jurisprudence Report

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ADMINISTRATIVE LIABILITY

Reprimand, Suspension, or

Revocation of Registration


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Characteristics of Proceedings in

PRC There must be presumption of the innocence of

the respondent.

The quantum of evidence to prove that thephysician is liable on the ground charged is

merely preponderance of evidence.


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The respondent physician shall be entitled

to be represented by counsel or be heard inperson;

to have a speedy and public hearing;

to confront and to cross-examine witnessesagainst him; and

to all other rights guaranteed by the

Constitution and provided for in Rules ofCourt.


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The decision of the Board of Medicine shallautomatically become final thirty days after

the date of its promulgation unless therespondent, during the same period, hasappealed to the PRC and later to the office of

the President of the Philippines.


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After two years, the Board may order thereinstatement of any physician whose

registration has been revoked if the respondent

has respondent in an exemplary manner in thecommunity wherein he resides and has not

committed any illegal, immoral, or

dishonorable act.


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COMPLAINTS

WHO CAN FILE?

1. any person

2. firm or corporation through its dulyauthorized representative

3. the Board of Medicine itself


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The complaint itself must be in writing andunder oath.

Within five days after the filing of the

written charges, the respondent physicianshall be furnished a copy.

The Board shall conduct an investigation

within five days after the respondent hasreceived a copy.


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SERVICE OF SUMMONS

Summons shall consist of

1. letter-subpoena requiringappearance of the respondent at adesignated time or place

2. a copy of the complaint and itsenclosures.


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RIGHTS OF RESPONDENTS INTHE ADMINISTRATIVE

INVESTIGATION OF THE BOARDOF MEDICINE


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Rights provided for by the Medical Act

Rights provided for by the Rules andRegulations

Rights under the Rules of Court


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Rights of the Defendant at Trial

To be presumed innocent until the contraryis proved

To be present and defend in person and byattorney at every stage of the proceedings

To be informed of the nature and cause ofthe accusation

To testify as witness in his own behalf


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To be exempted from being a witness

against itself To be confronted at the trial by, and to

cross-examine the witness against him.

To have compulsory process issued to securethe attendance of witnesses in his behalf

To have a speedy and public trial

To have the right of appeal in all casesauthorized by law


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GROUNDS FOR REPRIMAND,SUSPENSION, OR

REVOCATION OFREGISTRATION OF

CERTIFICATE


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Personal Disqualifications

Criminal Acts

Unprofessional Conduct

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