MEDJURIS LE 2

Contractual relationship

What is the fundamental legal nature of the physician-patient relationship under Article 1305 of the New Civil Code?

Consensual

Which characteristic of the physician-patient relationship indicates that it is perfected by mere mutual consent without requiring a written form?

Fiduciary

Which characteristic of the physician-patient relationship signifies that it is built on mutual trust and confidence, imposing a higher standard of care on the physician?

Consent, Object or Subject Matter, and Cause or Consideration

What are the three essential requisites of a valid contract under Article 1318 of the New Civil Code?

Intelligent, free, and spontaneous

What three qualities must consent possess to be legally valid under Philippine Supreme Court jurisprudence?

Eighteen years old

What is the age of majority in the Philippines under Republic Act No. 6809 amending Article 234 of the Family Code?

Unemancipated minors, insane or demented persons, and deaf-mutes who do not know how to read and write

Which three classes of persons are disqualified from giving valid contractual consent under Article 1327 of the New Civil Code?

Deaf-mutes who know how to read and write

Which specific group of deaf-mutes retains full legal capacity to give consent under Article 1327 of the New Civil Code?

Valid

What is the legal status of a contract entered into by an insane or demented person during a lucid interval under Article 1328 of the New Civil Code?

Vitiated, making the contract voidable

What is the legal effect on consent if it is obtained through mistake, violence, intimidation, undue influence, or fraud under Article 1330 of the New Civil Code?

Medical service

What constitutes the proper object or subject matter of a physician-patient contractual relationship?

Determinate, legal, and within the commerce of man

What three criteria must an object satisfy to be valid under Philippine contract law?

Cadaver

Which post-mortem biological entity is outside the commerce of man and cannot serve as the object of a physician-patient contract?

Guarantee of cure or successful outcome

What result regarding medical treatment can a physician never legally guarantee as the object of a contract?

Professional fee or cause

What serves as the consideration in a physician-patient contract, which may be monetary, in kind, or gratuitous?

Gratuitous cause (gratis et amore)

Which form of cause involves rendering free medical services out of liberality, love, affection, professional courtesy, or a calling of service to humanity?

Yes

Are physicians legally liable for medical malpractice or negligence committed during gratuitous medical missions or charity care?

Presumed to exist by law

How does Philippine civil law treat cause or consideration in a perfected contract even if no explicit fee was mentioned?

Express contract

Which form of physician-patient relationship is explicitly agreed upon either orally or in writing?

Implied contract

Which form of physician-patient relationship is inferred from the conduct and actions of the parties, such as an emergency room examination and treatment?

Law, morals, good customs, public order, and public policy

What five statutory boundaries limit the freedom of parties to stipulate terms in a contract under Article 1306 of the New Civil Code?

Mercy killing or euthanasia

Which procedure requested by a patient is void for being contrary to law, morals, and public policy?

Stipulating that polite localized expressions like "po" and "opo" cannot be used in doctor-patient conversations

What clinic contract stipulation serves as an example of an agreement contrary to Philippine good customs?

Stipulation requiring a patient to shout COVID-19 positive status in exchange for free swab testing

Which contract agreement is void for disrupting community peace and violating public order and safety?

Commercial purchase of a kidney from a living donor

Which transaction is void for contravening dynamic state public policy despite the Organ Donation Act?

When the patient requests medical service and the physician agrees, with acceptance coming to the patient's knowledge

When does a physician-patient contractual relationship commence under the Doctrine of Cognition?

Use at least the same level of care that any other reasonably competent physician would use under identical circumstances

Under Garcia-Rueda vs. Pascasio, what degree of standard of care does a physician assume upon contract commencement?

Treatment will be successful, treatment will benefit the patient, treatment will not harm the patient, and physician will not commit honest errors

What four outcome guarantees are excluded from a physician-patient contract unless expressly stipulated?

Recovery of the patient or determination that further care will no longer benefit the patient

Which clinical milestone permits a physician to properly terminate the physician-patient relationship?

Patient consent AND ample advance notice to secure another physician

What two requisites must concur for a physician to lawfully withdraw from a case?

Discharge by the patient, death of the patient, or death/incapacity of the physician

What three events automatically or unilaterally dissolve the physician-patient contract?

It is personal and fiduciary in nature

Why does the death or incapacity of a physician automatically dissolve the physician-patient relationship?

Provide sufficient and adequate medical records and summaries to the successor physician

What mandatory duty rests on a terminating physician to ensure continuity of care?

Pre-employment checkups, insurance eligibility examinations, court-ordered medical exams, autopsies, and casual conversations in social gatherings

What five specific scenarios do NOT establish a general physician-patient relationship because services are restricted to a limited purpose?

Cost or consideration

Which essential element of the physician-patient relationship refers to the monetary fee or honorarium for medical services rendered?

Doctrine of Unjust Enrichment

Which legal principle balances medical fee disputes by ensuring one person does not enrich himself at the expense of another without fair compensation?

Commensurate

In fixing medical honoraria, how should the physician's obligation to render care relate to the fee charged to the patient?

Simple contractual fee

Which fee type is an express pre-arranged agreement for a specific medical procedure at a fixed fee, established orally or in writing?

Retainer fee

Which fee type is measured by space and time rather than the quantity or quality of services rendered, akin to an employer-employee relationship?

Contingent fee

Which fee arrangement makes payment dependent entirely upon the success or failure of the medical treatment?

Dichotomous fee (fee-splitting or commission)

What is the unethical practice of giving or receiving a referral fee, commission, or percentage of medical fees for soliciting patients?

Unethical for medical practitioners; not unethical for non-medical practitioners acting without doctor knowledge or funds

How does the Code of Ethics categorize fee-splitting among medical practitioners versus non-medical agents?

Straight fee (pakyaw system)

Which fee arrangement involves a single all-inclusive lump sum covering professional, hospital, laboratory, surgical, and incidental expenses?

Extrajudicial collection

Which collection method recovers medical fees out of court through direct billing or engaging a collection agency?

Judicial collection

Which collection method involves filing a civil action in court for collection of a sum of money to recover unpaid fees?

Article III of the 1987 Philippine Constitution

Where is the Bill of Rights codified in Philippine constitutional law?

Safeguard citizens against arbitrary state power and potential abuse of authority

What is the primary legal significance of the Bill of Rights?

Procedural due process

Which due process branch guarantees notice, an opportunity to be heard, presentation of evidence, and a decision explained based on the record?

Substantive due process

Which due process branch examines the intrinsic validity and reasonableness of a law to ensure it does not infringe fundamental rights?

Opportunity to be heard, opportunity to present evidence, decision based on evidence presented, and basis for decision explained

What are the four core requirements of procedural due process?

Equal Protection Clause

Which constitutional guarantee under Section 1, Article III mandates that no person shall be denied equal protection of the laws?

Equal application of laws

Does the Equal Protection Clause require absolute inherent equality among individuals or equal application of laws to those similarly situated?

Substantial distinctions, germane to purpose of law, not limited to existing conditions, and equal application to all members of the same class

What four requisites make a statutory classification valid under equal protection?

Section 2, Article III

Which constitutional provision protects individuals, medical offices, and private clinics against unreasonable searches and seizures?

Issued upon probable cause, personally determined by a judge under oath, and particularly describing place and things to be seized

What are the three essential requisites of a valid search warrant?

Probable cause

What term describes facts and circumstances that would lead a reasonably prudent man to believe an offense occurred and items are in the specified location?

Fishing expedition

What invalid search procedure occurs when a search warrant fails to describe objects with particularity and permits a blanket search?

In flagrante delicto rule, Hot Pursuit doctrine, and escaped prisoner rule

What three instances under Rule 113 Section 5 permit a valid warrantless arrest?

In flagrante delicto rule

Which rule permits a warrantless arrest when a person has just committed, is actually committing, or attempting to commit an offense in the officer's presence?

Hot Pursuit doctrine

Which doctrine permits a warrantless arrest when an offense has just been committed and the officer has probable cause based on personal knowledge that the person committed it?

Fruit of the Poisonous Tree Doctrine

Which legal doctrine renders any evidence obtained through an unlawful search or invalid arrest completely inadmissible in court?

Republic Act No. 4200 (Anti-Wiretapping Act)

Which law penalizes secretly recording or intercepting private communications without consent of all parties?

Standard telephone extension line

Which communication device is exempt from the Anti-Wiretapping Act as not being a tapping device under Gaanan vs. IAC?

Inadmissible in court

What is the evidentiary status of clinic documents forcibly taken by one spouse from another's private clinic drawers under Zulueta vs. CA?

Competent adult patient of sound mind and legal age

Who holds the absolute right to refuse life-saving medical treatment based on religious beliefs under Section 5, Article III?

Waiver or Against Medical Advice (AMA) document

What written instrument must be executed when a capacitated adult patient refuses necessary treatment on religious grounds?

Patient was comprehensively informed of risks, understands repercussions, and explicitly states refusal based on religion

What three statements must be contained within a valid Against Medical Advice waiver?

Petition the court to grant consent or task the DSWD to take custody

What legal recourse may a physician take if parents refuse life-saving treatment for a minor child?

Miranda rights

Which constitutional rights under Section 12 guarantee remaining silent, securing independent counsel, and warning that statements will be used in court?

Implied waiver

What occurs when an accused fails to persistently object, insist on chosen counsel, wait, or remain silent during custodial interrogation?

Bill of Rights, Hippocratic Oath, PRC Board Code of Ethics, PMA Code of Ethics, and Contract

What are the five primary sources of rights and duties for physicians?

Reprimand, suspension, or license revocation

What administrative sanctions apply to a physician for violating the PRC Code of Medical Ethics under Section 24 of the Medical Act of 1959?

Refuse treatment

Which inherent right allows a physician to decline treating a patient except in emergency cases or when sole provider?

Republic Act No. 8344 amending Batas Pambansa Blg. 702

Which law forbids hospitals, clinics, and staff from demanding advance deposits or refusing emergency medical stabilization?

Direct risk to the physician's personal safety or life

Under Section 24 of Republic Act No. 2382, what factor excuses a physician from treating a patient in danger of death?

Doctrine of Superior Knowledge

Which doctrine recognizes that a physician possesses superior medical knowledge over the patient regarding diagnosis and treatment procedures?

Right to withhold information

Which inherent right obligates physicians to preserve confidentiality unless waived by consent, common good, or court order?

Provide a photocopy and retain the original document

What is the proper procedure for a physician when a patient requests access to personal medical records?

Right to reputation

Which inherent right is considered the most valuable right of a physician, protected through civil, criminal, or administrative remedies?

Rule 39 Section 13(g) of the Rules of Court

Which procedural rule exempts professional libraries and instruments up to ₱300,000 from court execution?

Exemption from color-coding and minor traffic infractions during genuine emergencies

What traffic privilege is granted to physicians responding to emergency calls?

City or Municipal Health Officer

Which public official position legally requires a licensed physician as a primary qualification?

Autopsy

Which specialized post-mortem service is restricted exclusively to qualified physicians or pathologists?

Knowledge and skill of an average physician

What standard of professional knowledge and skill is legally presumed for general medical practitioners?

Ordinary care and diligence

What degree of diligence, defined as care expected from a reasonably prudent man under identical circumstances, must a physician exercise?

Honest exercise of best judgment using average skills

What is required under a physician's legal obligation to exercise best judgment?

Utmost good faith

Which duty requires a physician to be plain, truthful, and honest without sugarcoating or exaggeration in discussing diagnosis, prognosis, and treatment?

Jurisprudence sets the legal minimum standard; the PMA Code prescribes broader ethical duties

How do legal duties under jurisprudence differ from ethical duties under the PMA Code?

WMA Revised Code of Ethics

Which international ethical framework was adopted into the PMA Code of Ethics for physicians' duties?

Waive professional fees

What practice is encouraged among physicians regarding medical services rendered to colleagues, spouses, and immediate dependents?

Report findings to professional societies first

Where should a physician present new research discoveries before announcing them to public media?

Choose a physician

Which patient right allows selection of preferred attending medical personnel, vestable upon regaining consciousness in emergencies?

Unnecessary treatment

What type of medical intervention is a patient entitled to be protected against?

Republic Act No. 10152

Which law mandates compulsory immunization for infants and children against vaccine-preventable diseases, limiting absolute refusal?

Spousal consent

Which consent is specifically required when a procedure is life-threatening, destroys reproductive capacity, impairs sexual function, or spouse is of unsound mind?

DOH Hospital Medical Records Management Manual

Which manual restricts direct patient access to original medical records to prevent misinterpretation?

Provide an accurate and complete medical history

What primary information duty does a patient owe to the attending physician?

Accept full legal responsibility for adverse outcomes

What consequence must a patient assume when leaving against medical advice or refusing treatment?

Grooming

What term describes a practitioner's step-by-step boundary violation to lower a patient's defenses for self-gratification?

Transference

What psychological mechanism describes a patient's unconscious displacement of feelings about authority figures onto a physician?