[MJ.01] Introduction to the Philippine Political and Legal System V2.2.pdf

The legal aspect of medical practice

What is Medical Jurisprudence?

Laws and legal doctrines affecting the practice of medicine

What do Medical Jurisprudence concerns primarily involve?

Licensure and regulatory laws

Give an example of a law that falls under Medical Jurisprudence.

Medical negligence doctrines

Give an example of a legal doctrine that falls under Medical Jurisprudence.

To ensure “public good” by regulating those who can practice medicine

What is the aim of the Physician’s Licensure Exam (PLE)?

The practice of medicine is a privilege, not a right

How is the practice of medicine characterized regarding governmental grants?

A privilege granted by the government

Who grants the privilege to practice medicine?

Should the physician violate regulatory laws

Under what condition does the government reserve the right to revoke the privilege to practice medicine?

To understand that the practice of medicine should be within the framework of the law

What is one core reason for studying Medical Jurisprudence?

A written instrument by which the fundamental powers of the government are established, limited, and defined, and these powers are distributed among several departments

What is the definition of the Constitution?

The Supreme Law of the Land

What is the Constitution often referred to as in the Philippines?

Basic and paramount law

What kind of law must all other laws conform to?

The Supreme Court

Which body has the power to declare laws that conflict with the Constitution as unconstitutional?

A sovereign, self-governing political entity

What is the definition of a State (or country)?

A group of people who feel bound by a common language, culture, religion, history, or ethnicity

What is the definition of a Nation?

People, Territory, Sovereignty, and Government

What are the four essential elements of a State?

A community of people more or less numerous

What constitutes the element of 'People' in a State?

Permanently occupying a definite territory

What constitutes the element of 'Territory' in a State?

Independent of external control

What characterizes the element of 'Sovereignty' in a State?

Possessing an organized government which the people render habitual obedience

What constitutes the element of 'Government' in a State?

Republican

What type of state is characterized by all government authority emanating from the people and being exercised by representatives chosen by them?

Representative Democracy

What type of political system is governed by representatives elected by the people?

Direct Democracy

What type of political system allows citizens to vote directly for laws and policies, such as through initiative and referendum?

A democratic and republican state

What is the nature of the state in the Philippines?

The people

Where does sovereignty reside, and from where does all government authority emanate in the Philippines?

Police Power, Eminent Domain, and Taxation

What are the three inherent and fundamental powers of the State?

Police Power

Which inherent power of the state is considered the most essential and least limitable, used to protect the public?

To make reasonable laws, either with or without penalties, for the good and welfare of the public

What is the purpose of the Police Power vested in the national and local legislature?

To regulate liberty and property for the promotion of the general welfare of the people

What general welfare objective is served by the Police Power?

Regulatory Laws on the Practice of Medicine (Medical Act of 1959)

How does Police Power apply to Medical Practitioners?

Eminent Domain

What is the ultimate right of the government to appropriate public or private property for public purposes after paying just compensation?

Payment of just compensation

What is required when the government exercises the power of Eminent Domain?

Taxation

What is the power of the government to impose and collect reasonable taxes to raise revenue?

Legislative Department

Which branch of government is vested with Legislative Power to make, alter, or repeal laws?

Congress (The Senate and The House of Representatives)

What political bodies comprise the Legislative Department?

Power of appropriation, to canvass presidential elections, to declare the existence of war, to give concurrence to treaties and amnesties, to propose constitutional amendment, and to impeach

List three powers of the legislature besides making laws.

Bill is introduced by any member of Congress

How does the process of turning a bill into a law begin in the Legislative Department?

First reading

What is the stage where the bill's number and title are read, followed by referral to the proper committee?

Second reading

During which reading is the bill read in its entirety, scrutinized, debated upon, and amended?

Third reading

During which reading do members merely register their votes (nominal voting) without further changes to the bill?

It is sent to the other house, where it undergoes three similar readings

What happens once a bill passes three readings in the house where it originated?

Submission to the President of the Philippines for consideration

What is the final step in the legislative process after both houses approve the bill?

Upon approval by the President

When does a bill officially become a law?

Takes effect after 15 days following the completion of their publication in the Official Gazette, unless it is otherwise provided

When does a law take effect after presidential approval?

The President

To whom can a medical practitioner appeal for pardon if convicted of criminal negligence and facing incarceration?

Executive Department

Which branch of government is vested with the power to Control, Appoint, Remove, and Pardon?

Head of State and Chief Executive

What two primary titles does the President hold?

The act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed

Define Pardon.

Acts of his "Alter Egos" (e.g., Secretary of the Department of Health)

Whose acts can be considered Acts of the President?

Judicial Department

Which branch of government is vested with the judicial power to determine actual controversies?

Supreme Court and the Courts

What comprises the Judicial Department?

To determine controversies whether there has been any abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch of government

What is the duty of the Judicial Department regarding the actions of other branches?

Separation of Powers

What doctrine requires the three branches of government (executive, legislative, and judicial) to be kept separate and co-equals?

The system of checks and balances

What is the doctrine of Separation of Powers also known as?

To prevent the concentration of power

What is the primary intent of the Separation of Powers doctrine?

The Legislative Department

Which department approves the budgets of the Executive and Judicial Departments, serving as a check?

The President approves and signs the bill, the President vetoes the bill, or the bill is ratified into a law by default if the President fails to act within 30 days from submission

What are the three possible outcomes when a bill is transmitted to the President?

The Official Gazette Office

Where are copies of an approved bill sent for publication and distribution to implementing agencies?

The Judicial branch of government

Which branch has the responsibility of implementing a bill once it is ratified into law?

The power of judicial review, the rule of the precedent (Stare Decisis), interpreting laws, and rule-making power

What are the four ways the judiciary can influence policy-making?

A system of Interpreting and Enforcing laws

What defines a Legal System?

Civil Law

What type of legal system has codified laws based on Roman Law?

Common Law

What type of legal system has laws derived from customs and judicial precedents, based on the English Legal System?

A combination of both Civil and Common Law

What type of legal system characterizes the Philippine Legal System?

To uphold justice and to apply the law fairly to everyone

What is the dual purpose of the Legal System?

An organ of government whose function is the application of laws to actual controversies and the public administrator of Justice

Define a Court.

Hierarchy

How do courts in the Philippines operate to facilitate structure of administration, hearing of appeals, and vertical application of stare decisis?

Supreme Court (SC)

What is the highest court level (1st level) in the Philippines?

Municipal Trial Courts (MTC), Municipal Trial Courts in Cities, Municipal Circuit Trial Courts, and Metropolitan Trial Courts

What courts are found at the lowest level (4th level)?

Regional Trial Courts (RTC) and Shari’a District Courts

What courts are found at the 3rd level?

Court of Appeals (CA), Court of Tax Appeals, and Sandiganbayan

What courts are found at the 2nd level (of equal rank)?

Appellate Courts

What courts are tasked with reviewing how laws are applied?

Appellant

In an appeal process, what term is used for the appealing party?

Appellee

In an appeal process, what term is used for the adverse party?

MTC to RTC

Where are civil and criminal cases first brought to MTCs appealed to?

Serve as triers of facts

What role do the MTC and RTC serve in the first stage of elevation (MTC to RTC)?

A civil case

What type of case involves two private parties?

A criminal case

What type of case involves a private party and the State?

Through a petition for review

How can a case be elevated from the RTC to the CA?

Cases whose accused are detained

What cases does the Court of Appeals prioritize appeals for?

If newly discovered evidence arises

Under what condition may the Court of Appeals grant new trials?

A unanimous vote of 3 Justices

What is required for a decision in the Court of Appeals?

One

How many motions for reconsideration are allowed in the Court of Appeals?

En banc (as a whole)

How does the Supreme Court meet when a motion for reconsideration is filed?

15 days

How many days does it take for a decision made by the Supreme Court to be deemed final?

If at least 2/3 or 10 Justices find the initial decision to be erroneous, unjust, or unwarrantedly injurious to the parties before finality sets

Under what specific circumstance is a second motion for reconsideration entertained by the Supreme Court?

Only by itself or the Philippine Legislature

What are the only two entities that can overturn decisions of the Supreme Court?

Combination of Civil Law and Common Law System, Stare Decisis, Res Judicata, and No Trial by Jury

What are the characteristics of the Philippine Legal System?

Stare Decisis

What characteristic is also known as the Doctrine of Binding Precedent and lies at the heart of the Philippine legal system?

Lower Courts (Municipal/Metropolitan Trial Courts, Regional Trial Courts and the Court of Appeals)

Which courts are compelled to follow decisions rendered by the Supreme Court?

Conclusive

What status do Supreme Court decisions hold, meaning judges must follow the rule of law established in earlier cases if set by a court of equal or higher status?

Persuasive

What status do decisions of the Lower Courts hold regarding their influence on judges in new cases?

"To stand by things decided"

What is the Latin translation for Stare Decisis?

"Ang paggamit ng nakaraan para sa kasalukuyan"

What Filipino phrase describes Legal Precedent, according to the video source?

Legal Precedent

What is a principle formed from a court decision in the past that guides the next judge deciding on a present case?

Because of reasons of authority

Why should lower courts follow the decisions made by the Supreme Court?

It has a right to overturn or ignore a precedent

What power does the Supreme Court hold regarding established precedents?

If they think that it is the best way to go about a case

What justification must the Supreme Court provide to overturn or ignore a precedent?

To maintain the integrity of the court regarding its past rulings and decisions

Why should the Supreme Court sufficiently justify a new decision when overturning a precedent?

Res Judicata

What doctrine mandates that parties should not be permitted to litigate the same issue more than once?