Philippine Medical Jurisprudence

Jurisprudence

laws, rules and regulations, supreme court decisions, circulars, administrative order.

Medical Jurisprudence

This is just laws, rules and regulation, supreme court decisions, and etc. which applies to the medical practice.

Philippine Medical Jurisprudence

We are confined to the Philippine Medical laws but there are also international agreement and treaties that are included and these treaties and agreement are only pertaining to the medical practice.

Legal medicine

Applying your knowledge in medicine in the field of law. In the administration of justice which you need to apply your knowledge.

Laws

What Governs the Medical Practice?

Constitution

• The highest law of the land

• Basic Human Rights

Jural

You can go to court and enforced a particular right for someone who violating your rights.

Jural

There must be a law passed by the legislative body of government which you can be used as basis.

Procedural law

Providing you procedures how will you enforce your rights.

1. Lower Court

2. Higher Court

3. Regional Court

4. Court of Appeal

Flow on how to go to court (4)

Procedural Law

Also called as Remedial law or Adjective Law

Remedial Law (remedy)

what are the remedies that I can do so I can enforce my right.

Substantive Law

Just an enumeration what are your rights and obligations are.

Public law

Those that are government actually briefing or the government actually one of the stakeholders

Public prosecutors

Called as fiscals, these are government lawyers which prosecutes in behalf of the government and the victim.

Private Law

Agreement like contract or it’s just confined to parties involved

Municipal Circuit Trial Court and Municipal Trial Court

• Are the lowest level trial courts.

• Seen in the provinces

Metropolitan Trial Court

• Actually, have the same as the Municipal trial court

• Trial court in Manila

Regional Trial Court

• If the Municipal/Metropolitan trial court decided to your case which is not favorable to you, you will make an appeal to this trial court

Court of Appeals

If the decision of the regional trial court still not favor on your case, you will go to this trial court

Supreme Court- res judicata

If the decision of the court of appeals still not favor on your case, you will go to this trial court

Supreme Court

• highest law of the land

• considered as final and executory

Res judicata

decision is already final or once it already reached its finality, you cannot go back any other trial courts.

Court of Tax Appeal

Regional or Municipal trial court they can hear on tax issues, if there are tax evasion cases, they can hear it but if you are going to appeal it instead of going to the Court of Appeals, you will go to this court.

Sharia’s Court

• For the Muslims brethren

• They have specific laws that are only applied to them

Sandiganbayan

During the Marcos Regime, there is Martial law, there is also Military court where the court can also hear cases and decide on it but nowadays there is no more Military court.

Sandiganbayan

A court for the public officers but for corruption cases, bribery cases. If you have administrative issues to the public officers, you can go to this court.

Sandiganbayan

Trial court only and the punishment is imprisonment.

Ombudsman

administrative case against public official. If you want them to be removed in public office, if you want their salaries be confiscated by the government. Punishment usually not associated to imprisonment.

Legislative

Create laws

Executive

• Implement laws

• The laws that the government officials and the mayors should pass their respective statement of assets and liabilities

• There is DILG that would require them pass their SALN

Ombudsman

Executive they are holding only administrative cases. They cannot make a pronouncement that a particular public officer will be imprisoned.

Judiciary

Interpretation and application of laws