[JURIS] LE 3

Which of the following is/are a valid ground/s for the quashal of a subpoena ad testificandum? A. The subpoena is unreasonable and oppressive B. The books, documents or things do not appear to be relevant C. The witness fee was not tendered when served

C only

A medical witness may be presented as:

Both ordinary and expert witness

Which of the following is/are true? A. An Ordinary witness can perceive and make his perceptions known to others. B. An Expert witness can perceive and can make his perceptions known to others.

Both A and B

Which of the following is/are true? A. Cross examination is conducted by the lawyer of the adverse party. B. Direct examination is the examination-in-chief of a witness by the party presenting him on the facts related to the issue.

Both A and B

Sometime in 1990, H and W got married in Manila. Their union produced X, Y and Z. Sometime in 2015, H underwent psychological tests purportedly to ease the marital strain. The effort however proved futile. In 2017, W was able to secure a copy of the confidential psychiatric report of H that is signed by Dr. A. W attached the confidential psychiatric report on the Petition for Annulment of Marriage. At the hearing, Dr. A took the witness stand and tried to testify on the contents of the confidential psychiatric report. This was objected to on the ground that it violated the rule on privileged communication between physician and patient. Should the objection be sustained? Why?

YES. Dr. A cannot testify over the objection of H.

The Physician-Patient privilege survives death of the patient.

True

Sometime in 1990, H and W got married in Manila. Their union produced X, Y and Z. Sometime in 2015, H underwent psychological tests purportedly to ease the marital strain. The effort however proved futile. In 2017, W was able to secure a copy of the confidential psychiatric report of H that is signed by Dr. A. W attached the confidential psychiatric report on the Petition for Annulment of Marriage. At the hearing, W took the witness stand and tried to testify on the contents of the confidential psychiatric report. This was objected to on the ground that it violated the rule on privileged communication between physician and patient. Should the objection be sustained? Why?

NO. The person against whom the privilege is claimed is not one duly authorized to practice medicine, surgery or obstetrics.

Which of the following information is/are covered by the physician-patient privilege? A. Any advice given to the patient B. Any treatment given to the patient

Both A and B

Dr. Strange received a subpoena ad testificandum directing him to attend a hearing in RTC Br 51, Manila on 08 June 2021, 8:30 a.m. On 08 June 2021, Dr. Strange attended a wedding ceremony in Quezon City and failed to attend the scheduled hearing. What are the possible consequence/s of Dr. Strange’s action and inaction? A. Direct Contempt B. Indirect Contempt C. Issuance of warrant of arrest

B and C

The viatory right is applicable only in civil cases.

TRUE

Which of the following is/are true? A. Oath is a solemn appeal to the Supreme Being in attestation of the truth of some statement. B. Affirmation is a formal declaration that the witness will tell the truth.

Both A and B

Which of the following is/are right/s of a witness? A. One day witness rule B. Viatory right C. Right against self-incrimination

All of the choices

Role of a medical witness A. Provide an objective and professional opinion regarding the case B. To assist judge and lawyers to have access to important medical information C. To help the court understand complex issues

All of the above

As an exemption, an opinion of an ordinary witness is admissible only as to: A. Identity of a person about whom he has adequate knowledge B. Handwriting with which he has sufficient familiarity C. Mental sanity of the person with whom he is sufficiently acquainted.

All of the above

Physicians may be presented as: A. Ordinary witness B. Expert witness C. None of the above

All of the above

Dr. Anton was issued a subpoena by the Regional Trial Court in Manila on suspicion of murder on March 2, 2024. He refused to attend the trial as a medical witness, arguing that he lives in Cebu City and that his witness fee or kilometrage fee, which is his viatory right, was not provided. Is his refusal justified?

No, this viatory right is only available for civil cases only.

These are requisites for dying declaration EXCEPT: A. Declarant is competent witness B. Offered in criminal cases C. Declarant must know that he is dying D. None of the above E. All of the above

NOTA

On April 26, 2024, Dr. Carl was issued a subpoena by the Municipal Trial Court for a civil case against a hospital filed by his patient. On the day of the trial, Dr. Carl refused to attend as a medical witness, citing an emergency splenectomy he had to perform at the hospital. Does this constitute indirect contempt?

No, this does not constitute as Indirect Contempt because the physician needs to prioritize that emergency and there is no substitute available.

What correctly describes an ordinary witness? A. Testifies on facts which he knows of his personal knowledge which are derived from his own perception B. Can perceive and can make his perceptions known to others

All of the above

Cross examination is conducted by the lawyer of the adverse party. Leading questions is not allowed in cross examination.

First statement is true while the second statement is false.

Dr. Foster was subpoenaed as an expert witness. When Dr. Foster was called to the witness stand, she refuses to make an affirmation before she testifies arguing that she is an atheist. Is Dr. Foster correct?

No. Affirmation is a solemn declaration that witness will tell the truth.

A Resident of Laoag City received subpoena ad testificandum in connection with intentional abortion case filed. Refused to obey since her residence is >400 km away from court. Is the witness correct?

No. Viatory right applicable only in CIVIL cases.

Physician-Patient privileged communication can only be claimed in what kind of cases?

Administrative case

Which of the following is the correct order of examination of a witness?

Direct → Cross → Re-direct → Re-cross

Who may execute organ donation by legacy?

Decedent

Except when the decedent is brought directly to the morgue, the opinion of how many doctors is sufficient to declare a patient dead for purpose of organ donation?

2 for both cardiorespiratory and brain death

Alina, a 30-year old multi-millionaire, while sitting alone in her penthouse, suddenly had a premonition that she will die of a car accident tomorrow. Overwhelmed by the premonition, she took a pen and bond paper and wrote down: "I bequeath all my organs to the School of Medicine of my alma mater the University of Ravka to which I owe my education, career and success in life. Sgd. Alina 19 May 2021". Is this a valid organ donation?

Yes

After being mauled by a vicious gang on drugs, Draken was brought to the hospital comatose on Tuesday. He was declared brain dead on Wednesday. But as his loved ones were in a state of denial, it was not until 2 days later on Friday that his life support was removed and his heart stopped beating. I. When did Draken legally die?

Wednesday

After being mauled by a vicious gang on drugs, Draken was brought to the hospital comatose on Tuesday. He was declared brain dead on Wednesday. But as his loved ones were in a state of denial, it was not until 2 days later on Friday that his life support was removed and his heart stopped beating. II. Suppose Draken carried an organ donor card that specified he wishes to donate his corneas alone after his death. When may his corneas be removed for organ donation?

Friday

X, an American residing in the US, is in need of a kidney transplant. Y, who is a Filipino residing in the Philippines, is a willing kidney donor. Preliminary tests showed that X and Y are compatible. Suppose Y is the half-brother of X, how can X and Y go about the transplantation procedure?

Y could go to the US and have the entire transplantation procedure done there OR X could go to the Philippines and have the entire transplantation procedure done here

X, an American residing in the US, is in need of a kidney transplant. Y, who is a Filipino residing in the Philippines, is a willing kidney donor. Preliminary tests showed that X and Y are compatible. Suppose Y is the brother-in-law of X, how can X and Y go about the transplantation procedure?

Y could go to the US and have the entire transplantation procedure done there only

A brain dead patient carried a valid organ donor card which read that he will donate his corneas and his kidneys for transplantation upon his death. Which of the patient's organs may be harvested and in what order may they be harvested?

Kidneys and then the corneas, in that order

V fell from a footbridge and brought by bystanders to a nearby hospital unconscious and without vital signs. He was admitted under the service of Dr. W. V was initially revived. However, he eventually fell into a deep coma and ultimately all his brain has ceased functioning. As V was a viable kidney donor and his relatives could not be located, authority to remove his organs for donation were sought from Dr. X, the hospital's Medical Director. Dr. Y shall be attending to the receipt of kidneys while Dr. Z shall be effecting the removal of his kidneys. Who among the doctors named may certify V as brain dead for the purpose of organ donation?

Dr. W only

For how long should reasonable efforts at locating the relatives of a potential multiple organ donor be made before organ donation may proceed without their consent?

48 hours from the time of death

The agency which maintains the national registries for all kidney transplants performed in the country, all placed living donors, and all patients seeking kidney transplantation.

Philippine Network for Organ Sharing

Processing of personal information is allowable in investigations related to which type of cases EXCEPT? A. Civil Liabilities B. Criminal Liabilities C. Tax Liabilities D. Administrative Liabilities

Civil Liabilities

When may the mandatory reporting of breach be delayed? A. To restore reasonable integrity to the information and communication system B. To prevent further disclosures C. To determine scope of breach

All of the above

Sensitive personal information refers to personal information based on? A. Individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliation B. Issued by government agencies C. Specifically established by an executive order or an act of Congress

All of the above

Personal information controller shall notify within

72 hours

If a secretary fails to use a paper shredder and improperly disposes of patients' medical records in a hospital, is this act punishable under the Data Privacy Act?

Yes, this case will succeed under the Data Privacy Act.

In the event of a security breach, whom will the personal information controller notify?

NPC and affected data subjects

Which is/are the right/s of the data subject? A. Right to be informed B. Right to damages C. Right to access

All of the above

Malicious Disclosure is when there is malice or bad faith in the disclosure of unwarranted or false information. Accessing sensitive personal information due to negligence is punishable under the Data Privacy Act.

Both statements are true

The hospital is a juridical person responsible for processing and storing or collecting the personal and sensitive information of the patient. If there is a security breach of medical records of patients without their authorization and consent, the hospital may be held liable.

Both statements are true

What are the requisites for personal information that can be processed for the needs of scientific or statistical research? A. No activities are carried out and no decision are taken regarding the data subject B. Maintain strict confidentiality C. Used only for the declared purpose

All of the above

Retention period for Forensic/Medico-legal Autopsy

Permanent

True about medical record EXCEPT: A. A chronological written account of a patient’s examination and treatment. B. Health records are written records of regularly conducted business activity. C. Health records are covered by privileged communication. D. None of the choices.

None of the choices

Registry book of Narcotics

Retention period is permanent

Who is/are legitimate requestors in accessing and borrowing medical records? A. Attending physicians B. Chief resident C. Medical director

All of the above

Retention period of DR and NICU records

Until child reaches 18 years old

Who has authority to release medical records? A. HIMD B. Chief of medical professional staff C. Chief of health facility

All of the above

Student nurses do not have access of patient records when the patient is still admitted. Private duty nurses are not allowed as well to access patients' records under their care.

Both statements are false

The retention period of dental records is:

Permanent

Psychiatric Records retention period

25 years

The patient can demand access to health record immediately.

False

Personal information in an area accessible to the public or has otherwise placed it for trash collection.

Improper disposal

Bad faith in the disclosure of unwarranted or false information.

Malicious Disclosure

Persons who knowingly and unlawfully or violating data confidentiality in security data systems, breaks in any way into the system where personal and sensitive information are being stored.

Unauthorized Disclosure

Which of the following is/are

true?

A. Patient's medical record is

admissible in evidence even if

the person who made the entry is

dead or not available.

B. A hospital is required to keep

records of medicolegal cases for

a maximum period of 25 years.

A only

The authorization/consent of the patient is not needed to disclose which of the following information. A. Name of patient B. Name of physicians associated with the treatment of the patient C. Illness or disease of the patient.

A and B

Rabiya, the Head of Medical Records Section of Hospital Univ, is one of the witnesses presented in a medical malpractice case before RTC Branch 18, Manila, particularly to identify and authenticate the medical records presented as documentary evidence. During her cross examination, she was asked by the adverse counsel if she was the one who personally made the entries in the medical documents, to which she answered in the negative. Which of the following is/are true? A. The medical record is not admissible as evidence since the person who personally made the entries therein is not presented as witness. B. The medical record is admissible as evidence as long as it can be proven that the entries in the medical record are entries in the course of business.

B only

Which of the following is/are true? A. Hospital's ownership of medical records is absolute. B. The content of medical record is owned by the hospital.

Neither A nor B

When may a hospital release the medical record of a patient to another person? A. When the law so requires. B. Upon lawful order of the court. C. Upon showing patient's written consent or authorization.

All of the other choices are correct

All personal information, sensitive personal information and privileged information.

Personal Data

Which is not a phase of battered woman syndrome? A. Tension building phase B. Tranquil period C. Acute battering incident D. None of the choices.

None of the choices

Who may file for protection orders? A. The offended party B. Social workers of the DSWD C. Barangay Kagawad

All of the choices

The marital indiscretions happened abroad. Can we prosecute?

Yes

The husband loves his wife so much that he asked his wife not to work anymore. Is this considered VAWC?

No

Blocking of credit card. Is this considered VAWC?

Yes

VAWC is a continuing crime.

True

Lesbian inflicted violence against a woman. Is this considered VAWC?

Yes

Irreversible cessation of circulatory and respiratory functions.

Cardiorespiratory death

Second evaluation by the same two physicians after an interval of at least two hours in the diagnosis of brain death.

True

Legacy can be in the form of A. Will B. Donor card C. None of the choices.

All of the choices

Who may become legatees or donees? A. Any hospital, physician or surgeon B. Any specified individual C. Any organ storage facility.

All of the choices

Philippine Network for Organ Sharing A. Implement policies on deceased donor allocation. B. The central coordinating body in charge of allocating organs from deceased donors. C. Maintain the 3 national registries.

All of the choices

The donor and the donee are related within 4th degree of consanguinity. Is this permitted?

Yes

Protection orders are to prevent further acts of violence and other necessary reliefs.

True

Scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationship as a result of cumulative abuse.

Battered Woman Syndrome

Dr. Carl and Dr. Kay married after completing their medical residency. During their marriage, Dr. Kay became pregnant and gave birth to a healthy boy. Subsequently, Dr. Carl asked Dr. Kay to give up her medical practice to care for their son, which Dr. Kay willingly accepted. Does this situation fall under the VAWC law?

No. If Dr. Kay’s decision was made freely and without pressure, it would not be classified as economic abuse.

Accessing sensitive personal information due to negligence if the access to personal information is done without being authorized under the Data Privacy Act or other existing laws. Malicious Disclosure is when there is malice or bad faith in the disclosure of unwarranted or false information.

Both statements are true

How many witnesses, if any, are required to sign in a holographic will bequeathing the testator's organs?

0

Recruiting, hiring, adopting, transporting, obtaining, harboring, maintaining, providing, offering, receiving, or abducting a person by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person is:

Human Trafficking

What is this: The processing of information shall be adequate, proportional, relevant, suitable, necessary, and not excessive in relation to a declared and specified purpose.

Proportionality

Which of these can become an organ donor? A. A person with schizophrenia B. Person with dementia C. 21-year-old girl who is feeble-minded D. None of the choices.

None of the choices

Number of physicians to declare death.

2

Dr. Cha was called to court to confirm and verify medical records. She was asked if she authored the records, and she said no. Are the medical records: A. Non-admissible because the one who authored the medical records is not present B. Admissible as long as the records are proven to be entries made in the course of business.

B only

Access to medical records.

Patient, attending physician, insurance and HMO representative

Sensitive personal information EXCEPT: A. HPI B. Age C. Marital status D. NOTA.

HPI

A patient is diagnosed with diabetes and has a visual acuity of 20/200 in the better eye, which is correctable with lenses. Under current medico-legal standards, would this patient be classified as a person with disability (PWD)?

No

This refers to an inquiry to the incidence, prevalence, extent, source, mode of transmission, causation of, and other information pertinent to a disease occurrence.

Epidemiologic Investigation

What are the components/phases of Battered Woman Syndrome?

Tension-building phase, Acute battering incident, Tranquil/Loving contrition phase

John Doe, DOA, after 2 weeks pwede na siya i-harvest for organ donation. True or False?

False

This refers to the reduction of disease incidence, prevalence, morbidity or mortality to a locally acceptable level as a result of deliberate efforts and continued intervention measures.

Disease Control

How many months of premium contributions must have been paid before a member may be entitled to avail of the benefits of the NHIA Program?

All six (6) months prior to the first day of availment.

Covid positive patients under isolation who escaped their isolation or quarantine facilities may be criminally liable for violation of RA 11332 and may suffer the penalty of ________.

Imprisonment of 1 to 6 months.

This fraudulent act refers to any health care provider who prepares or submits a claim, report and/or health and health-related data for benefits which are in excess of the benefits actually provided by adding drugs, medicines, supplies, procedures or services.

Padding of claims, reports or health data.

Deliberate failure to give any financial support to one's children is a form of abuse under the Anti-Violence Against Women and their Children Act.

True

Under this principle, the Program shall provide for uniform basic benefits. Access to care must be a function of a person's health needs rather than his ability to pay.

Equity

Under Republic Act 8344, a physician may transfer a patient in another facility in which of the following cases?

Patient's consent or that of his next of kin was obtained AND the receiving medical facility is equipped and has agreed to the transfer.