(NEW) CAUSE AND EFFECTS

The physician violates regulatory laws

What is the consequence of the practice of medicine being a privilege granted by the government?

Laws are in conflict with the Constitution

What shall be declared by the Supreme Court as unconstitutional?

The government appropriates public or private property for public purposes

What must happen next due to the Power of Eminent Domain?

The legislative power is vested in Congress

What is the result regarding making, altering, or repealing laws?

A medical malpractice bill is introduced by any member of Congress

What happens during the first reading?

A bill is sent to the other house

What happens once the bill passes three readings in one house?

The President does not act on a bill within 30 days from submission

What happens to the bill, leading to its ratification as a law by default?

The President approves and signs the bill

What happens next, leading to its ratification into a law?

The President vetoes the bill

What is one potential consequence upon transmittal of the bill to the President?

The bill is ratified into law

What happens to copies of the bill next, before implementation?

A medical practitioner is convicted of criminal negligence and is about to be incarcerated

What can s/he ask the President for?

The President grants a pardon

What does this act of grace exempt the individual from?

The Legislative Department approves the budgets of the Executive and Judicial Departments

What is this action an example of, showing how the Legislative branch checks the others?

The Judicial Department makes legal decisions or judgments

What power does this demonstrate?

A law is passed banning Ampalaya Supplements

What can Clerk Matthew ask the Executive Department to do with the law?

There is a legal controversy regarding a law

What can Clerk Matthew do, involving the Judicial Department?

The President approves and signs the bill

What happens next regarding its ratification into law?

The bill is ratified into law

What responsibility falls onto the Judicial Branch of Government?

The judiciary can exercise the power of judicial review (law, treaty, executive order, ordinance)

What is one way the judiciary can influence policy-making?

The judiciary applies the rule of precedent (Stare Decisis)

What is one way the judiciary can influence policy-making?

The judiciary interprets laws

What is one way the judiciary can influence policy-making?

The judiciary exercises its rule-making power

What is one way the judiciary can influence policy-making?

A case is first brought to the MTC

Where can it be appealed in the civil system?

A case first brought to the MTC is appealed to the RTC

How can the case be further elevated to the CA in a civil case?

A criminal case is first brought to the MTC

Where can it be appealed?

Newly discovered evidence arises in a case at the CA level

What may the CA grant to the parties?

A motion for reconsideration is filed regarding an SC decision

How does the SC meet to review the case?

A second motion for reconsideration is filed for an SC decision

What condition must be met for it to be entertained?

An SC decision is made

What is the timeframe within which it is deemed final?

The Supreme Court makes a decision

What is the obligation of Lower Courts (MTC/Metro TC, RTC, and CA) regarding this decision?

The Supreme Court makes a decision

What is the status of this decision regarding lower courts?

A precedent was set by a court of equal or higher status

What should the judge do if a similar situation comes before the court previously?

The Supreme Court thinks it is the best way to go about a case

What right does the Supreme Court have regarding a precedent?

The Supreme Court overturns a precedent

What must the Supreme Court sufficiently do?

Welch's stethoscope was broken by Allyn

What was the court's decision in this example?

A right or fact has been judicially tried and determined by a court of competent jurisdiction

What should parties not be permitted to do again, according to Res Judicata?

A plaintiff successfully sues a defendant on a particular Cause of Action

What may the plaintiff not do again, regarding the same Cause of Action?

A party attempts to litigate a position that is inconsistent with their earlier conduct, which Party B detrimentally relied upon

What technique can be used against Party A?

A party unfairly attempts to take factual positions in litigation that are inconsistent with previous positions taken in prior judicial proceedings

What technique can be used against Party A?

There is a failure of the Appellant to submit a memorandum or brief

What may be a consequence regarding the appeal process?

A law is published in the Official Gazette or a newspaper of general circulation

What happens 15 days after this event, making the law effective?

The Law states that it will be applied retroactively

What is the exception to the general rule of law prospectivity?

A physician violates regulatory laws

What may the government do regarding the physician's privilege to practice medicine?

The President approves and signs the bill

What happens next regarding its ratification into law?

There is a failure of the President to act on a bill within 30 days from submission

What is the consequence regarding the bill becoming law?

The President vetoes the bill

What is one consequence upon transmittal of the bill to the President?

The bill is approved

What happens to copies of the bill next, before publication?

Laws are prospective in application

What is the consequence if the Law does not state otherwise?

A motion for reconsideration is filed

What happens when the SC meets en banc (as a whole)?

A foreign citizen provides documentary evidence confirmed by the DFA that their home country permits Filipinos to practice medicine

What may the foreign citizen be allowed to take?

The foreign national passes the PLE

What is the consequence regarding practicing medicine in the Philippines, provided they satisfied the requirements?

A medical college admits a student who has not been convicted of any offense involving moral turpitude

What is required for the student to be admitted to the first-year class?

A person physically examines and diagnoses a person for compensation, or even without it

What is he considered as engaged in?

A person uses signs, cards, or advertisements to offer or undertake to diagnose, treat, operate, or prescribe any remedy

What is he considered as engaged in?

A person falsely uses the title MD after his name

What is he considered as engaged in, and what may he be subject to?

A medical student renders service under the direct supervision and control of a registered physician without professional fee

What is the status of this service regarding the practice of medicine?

A duly registered masseur or physiotherapist applies massage or other physical means upon the written order of a physician

What is the status of this action regarding the practice of medicine?

A person renders any service gratuitously in cases of emergency where professionals are unavailable

What is the status of this action regarding the practice of medicine (Good Samaritan) ?

A medical student acts without direct supervision

What is the student guilty of, as they are acting outside the exemption clause?

The President of the Philippines, upon the recommendation of the Commissioner of Civil Service and after due investigation, removes a member of the Board of Medical Examiners

What were the grounds for this action?

A person is found guilty of "illegal practice of medicine"

What are the three possible punishments, at the court's discretion?

A person is found guilty of "illegal practice of medicine" but is insolvent

What is imposed for failure to pay the fine?

The Board of Medical Examiners files an action to enjoin illegal practice, and the person continues the illegal practice after being enjoined

What is the consequence?

The Board of Medical Examiners issues an injunction

What legal consequence is not relieved by the injunction?

A bill is approved during the time when examinations for physicians are held

When shall the Act take effect, as an exception?

A physician is convicted of a criminal offense involving moral turpitude, found guilty of immoral conduct, or declared to be of unsound mind

What happens regarding the issuance of a certificate of registration?

The Board of Medicine issues a decision to reprimand, suspend, or revoke a physician's certificate

What happens to the decision regarding its finality, unless an appeal is made?

A successful PLE examinee is below 21 years old

What happens regarding the Certifcte of Registration?

The Board observes unusually high and clustered grades among examinees from one school

What action did this prompt regarding investigation?

The Board of Medicine withholds the registration of PLE passers due to suspicion of dishonesty

What may the examinees file to compel the Board to administer the oath and register them?

The Board of Medicine files an administrative case against respondents due to suspicion of dishonesty

What is the purpose of this action, according to Sec 9 of RA 2382?

A candidate passes the PLE

Is the PRC compelled to issue a Certificate of Registration?

The Board of Medicine denies a Japanese national a license to practice medicine

What was the RTC's ruling on appeal, citing the principle of reciprocity?

The Board of Medicine argues that the conditions for practice in Japan are practically impossible for a Filipino to comply with

What was the Supreme Court's ruling on this argument?

A physician refuses to attend a patient in danger of death, but there is a risk to the physician's life

What is the status of this refusal regarding revocation or suspension of the certificate of registration?

The patient pays the consultant's fee for services rendered

What does this suggest regarding the hospital's financial relationship with the consultant?

A hospital accredits a consultant and grants him/her the privilege of maintaining a clinic

What is the consequence regarding the selection and engagement element of the Employer-Employee Test?

A consultant is remiss in his duties or regularly falls short of the minimum standards acceptable to the hospital

What happens regarding his accreditation or privileges?

A physician refers a patient for admission in a hospital

What must the hospital through its staff perform, besides providing accommodation and prescribed items?

A physician refers a patient for admission

Who prescribes the treatment to be given to the patient?

The hospital provides the patient with the preferred room accommodation, nutritional diet, medications, equipment, and facilities

What is the limit of the hospital’s obligation when a physician refers a patient?

A single act of illegal practice of medicine is committed

What three causes of action can it give rise to?

A violation of the Medical Act of 1959 occurs

What is it automatically considered due to the penal provisions that impose a fine or imprisonment?

A non-licensed person's action causes damages

What type of case can be filed besides a criminal case?

A patient is injured or dies due to gross negligence, ignorance, or incompetence in the practice of a physician's profession

What is a consequence regarding the physician's certificate of registration?

The respondent physician has made an appeal to the Commissioner of Civil Service

What is the consequence regarding the decision of the Board of Medical Examiners automatically becoming final within thirty days?

The final decision of the Board is unsatisfactory

What may the respondent do (two options)?

The Board orders the reinstatement of a physician whose certificate was revoked

What two things must the respondent have done after two years?

A person is found guilty of immoral or dishonorable conduct

What is one consequence regarding the Certificate of Registration?

The Boar of Medical Examiners finds an applicant guilty of fraud in obtaining the certificate of registration

What is one consequence regarding the Certificate of Registration?

A foreign physician is attached to an international body and assigned to perform definite work in the Philippines

What must they secure before commencing practice, even with limited exemption?

The Secretary of Health gives limited and special authorization to practice during an epidemic or national emergency

When shall this authorization automatically cease?

A physician or surgeon from another country is called in consultation only for specific and definite cases

What must they secure to be exempted from registration?

The Board of Medical Education determines and prescribes minimum requirements for admission into a recognized college of medicine

What is one of its core functions?

The Board of Medical Education determines and prescribes minimum physical facilities of colleges of medicine

What is one of its core functions, including buildings, equipment, and bed capacity?

The Board of Medical Education determines and prescribes the minimum number and qualifications of teaching personnel

What is one of its core functions, including student-teacher ratio and curriculum?

The Board of Medical Education determines and prescribes the number of students who should be allowed to take up the preparatory course

What must it take into account when doing this?

A student has a general average of below 85% in the preparatory medical course, but with no failure or condition

What may they be allowed to do?

A student allowed to finish the preparatory course in three academic years gets any grade of failure or condition

What is the consequence regarding their course completion timeframe?

A student has a general average of 85% or over

What may they be permitted to do regarding the preparatory medical course?