DENTAL JURISPRUDENCE MIDTERM REVIEWER

CHAPTER 6: POWERS, DUTIES AND FUNCTIONS

POWERS AND FUNCTIONS OF BOARD OF DENTISTRY:1. Promulgate, administer and enforce rules and

regulations2. Administer oaths3. Study the conditions affecting the practice of dentistry4. Adopt or recommend such measures or discharge such

duties for the advancement of the profession5. Ensure that all educational institutions offering

dentistry comply with the policies, standards and requirements of the course

6. Supervise and regulate the registration, licensure and practice of dentistry.

7. Adopt an official seal of the board of dentistry8. Issue, reinstate, suspend or revoke certificate of

registration and PIC9. Prescribe and/or adopt a code of ethics10. Prescribe guidelines and criteria in CPE11. Investigate any violation of RA948412. Accredit various specialties, dental

societies/organizations13. Perform such other powers and functions necessary

for carrying out the objectives of RA9484

POWERS, FUNCTIONS AND RESPONSIBILITIES OF THE VARIOUS PROFESSIONAL REGULATORY BOARDS:

1. Regulate the practice of the profession in accordance with the provisions

2. Monitor the conditions affecting the practice of profession or occupation under their respective jurisdiction

3. Hear and investigate cases arising from violations of their respective laws. The decision of PRC shall become final and executor after 15 days

4. Delegate the hearing or investigation of administrative cases filed before them by at least 1 member of the board concerned assisted by a legal or hearing officer of the PRC

5. Conduct summary proceedings in minor violations of their respective regulator laws through the legal officers of the PRC. And become final and executor after 15 days

6. Subject to final approval by the PRC, to recommend registration without examination and issuance of the corresponding certificate of registration and PIC

7. After due process, to suspend, revoke or reissue, reinstate certificate of registration or license for causes provided by the law

8. To prepare, adopt and issue the syllabi or tables of specifications of the subjects for examinations in consultation with the academe. Submit the results in all subjects duly signed by the members of the board of PRC within 10 days from the last day of examination

9. Prepare an annual report of accomplishments of the board for submission to the PRC after the close of each calendar year

SUPERVISION OF THE BOARD Secretary o the board of dentistry shall be appointed

by the PRC subject to the provisions of existing laws Other confidential documents shall be kept under the

direct custody of the PRC

ANNUAL REPORT Within 60 days after the close of each fiscal year,

prepare and submit an annual report to the PRC Detailed account of the proceedings of the board of

dentistry during the year

CHAPTER 7: LICENSURE EXAMINATION AND REGISTRATION

QUALIFICATIONS OF ADMISSION TO THE LICENSURE EXAMINATION FOR DENTISTRY:

1. Citizen of the Philippines2. Has not been convicted of an offense involving moral

turpitude3. Graduate of a recognized and legally constituted

university with a degree of doctor of dental medicine4. Has completed the refresher course after failing 3

consecutive licensure examinations

*same for dental hygienist *same for dental technologist except that they need to have a 6months OJT

STATUTORY REQUIREMENT Must be a citizen of the Philippines

MORAL TURPITUDE Act of baseness, vileness, or depravity in the private

and social duties which a man owes his fellowmen contrary to the accepted and customary rule of right and duty between man and man

Encompassing everything which is done contrary to justice, honesty, and good morals

Mala prohibita – violating only the law

*board of dentistry may change the test as the need arises.

RATINGS IN EXAMINATIONS Written and practical tests Obtain a GWA of at least 75% No rating below 50% in any subject

REPORT OF RESULTS OF EXAMINATION 20 days after the last day of examination

OATH All successful examinees and registrants shall be

required to take a professional oath before any member of the board of dentistry or son authorized by the PRC

ISSUANCE OF CERTIFICATE OF REGISTRATION AND PROFESSIONAL IDENTIFICATION CARD

Certificate Of Registrationo Issued to examinees who pass the licensure

examination for dentistry o Should pay fees prescribed by the PRCo Bear the signature of the chairperson of

PRC and chairman and members of board of dentistry &tamped with official seal of BOD and PRC

Professional Identification Cardo Bearing the registration number, date

issued, expiry dateo Signed by chairperson of PRC & pay fees

prescribed by PRCo Renewed every 3 years

REFUSAL TO ISSUE CERTIFICATES1. Convicted by a court of any criminal offense involving

moral turpitude2. Found guilty of immoral or dishonorable conduct3. Declared to be of unsound mind

REVOCATION OR SUSPENSION OF CERTIFICATES OF REGISTRATION AND PIC

1. Unprofessional and unethical conduct2. Malpractice3. Incompetence4. Willful destruction or mutilation of natural tooth5. Making use of fraud6. Alcoholism or drug addiction leading to incompetence7. Employment of persons who are not duly authorized to

do the work8. Employment of deceit with the public9. Making false advertisements10. Utter disregard and y provisions of RA9484

REINSTATEMENT, REISSUANCE OR REPLACEMENT OF CERTIFICATE OF REGISTRATION AND PIC

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2 years after date or revocation Board of dentistry may exempt the applicant from

taking examination RA 9484 – 2 years RA 4419 – 5 years

ISSUANCE OF SPECIAL/TEMPORARY PERMIT TO FOREIGNERS1. Certificate of Registration shall not be required of:

1. Commissioned officers of the army, navy or air force of any foreign country

2. Dentist and oral surgeons from other countries who are invited for consultation, demonstration, and medical missions

Provided their work shall be limited to the tasks assigned to them

CHAPTER 8: DENTIST AND NARCOTICS

NARCOTICS Any drug which produces insensibility, stupor,

melancholy, or dullness of mind which may be habit forming

DANGEROUS DRUGS Require a special prescription form Use is monitored by Dangerous Drugs Board1. PROHIBITED DRUG

Opium and its active components and derivatives like heroine and morphine

Hallucinogens, LSD Whether natural or synthetic

2. REGULATED DRUG Self-inducing sedatives Secobarbital, Phenobarbital Contains salt or a derivative Produces physiological action similar to

amphetamine Hypnotic drugs like methaqualone

RECORDS REQUIRED FOR TRANSACTION OF DANGEROUS DRUGS One original copy and 2 photocopies Original shall be retained by the pharmacist for a

period of 1 year after the date of sale One copy for the buyer One copy for the person who issued the prescription Within 3 days, the person who issued it must inform

the DOH of the same writing

UNLAWFUL ACTS AND PENALTIES (RA 9165 or Comprehensive Dangerous Drug Act of 2002)

1. Maintenance and keeping of original records of transaction o dangerous drugs

1 year and 1 day to 6 years imprisonment Php 10k – 50k In accordance to section 40 of RA 9165 Revocation of license for the manufacturer,

seller, trader, etc2. Unnecessary prescription of dangerous drugs

12 years and 1 day to twenty years imprisonment

Php 100k – 500k Revocation of license

3. Unlawful prescription of drug Lifetime imprisonment to death Php 500k – 10M Revocation of license

USE OF GENERIC TERMINOLOGYGENERIC TERMINOLOGY

Identification of drugs and medicines by their scientifically and internationally recognized active ingredients

Under Generics Act of 1988 (RA 6675)

PENALTY FOR FAILURE TO USE GENERIC TERMINOLOGY1. FIRST CONVICTION

Penalty of reprimand Officially recorded in appropriate books of

the PRC2. SECOND CONVICTION

Penalty of fine of Php 2k – 5k3. THIRD CONVICTION

Penaly of fine of Php5k – 10k Suspension of license for 30 days

4. FOURTH AND SUBSEQUENT CONVICTIONS Penalty of fine of Php 10k Suspension of license for one year or longer

CHAPTER 9: DENTIST AND CONSTITUTION

CONSTITUTION Written instrument enacted by direct action of the

people by which the fundamental powers of the government are established, limited and define and are distributed among the several departments for their safe and useful exercise for the benefit of the body politic

PHILIPPINE STATE Democratic and republican state Community of numerous persons permanently residing

a fixed territory

4 ELEMENTS OF A STATE:1. People2. Territory 3. Government4. Sovereignty

PEOPLE Inhabitants of a state

TERRITORY Fixed portion of the surface of the earth inhabited by

the people of the state PHILIPPINE NATIONAL TERRITORY

o With all the islands and waters embraced therein consisting of its terrestrial, fluvial, and aerial domains

ARCHIPELAGIC DOCTRINEo We connect the outerpost points of our

archipelago with straight baselines and consider all the waters enclosed thereby as internal waters

GOVERNMENT Will of the state is formulated, expressed and realized BRANCHES OF THE GOVERNMENT

1. Executive Branch – exercises the executive power

Appointing power Removal power Control power Military power Pardoning power Borrowing power Diplomatic power Budgetary power Informing power

2. Legislative Branch – exercises legislative power

Appropriation power Taxation power Expropriation power

3. Judicial Branch – exercises judicial power

SOVEREIGNTY Supreme and uncontrollable power inherent in a state

by which the state is governed

FUNDAMENTAL POWERS OF THE STATE Powers are inherent and do not need to be expressly

conferred by constitutional provisions on the State 3 INHERENT POWERS OF THE STATE

1. POLICE POWER

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Promoting the public welfare by restraining and regulating the use of liberty and property

2. POWER OF EMINENT DOMAIN Acquire private property for

public use upon payment of just compensation

3. POWER OF TAXATION Demand and enforce

contributions for public purposes

BILL OF RIGHTS1. DUE PROCESS

No person shall be deprived of life, liberty and property

Procedural due process i. Mode of procedure which

government agencies must follow in the enforcement and application of laws

Substantive due processi. Requires that the law itself s fair,

reasonable and just2. EQUAL PROTECTION

No person shall be denied the equal protection of the law

3. SEARCHES AND SEIZURES To be secure in their persons, houses,

papers, and effects against unreasonable searches and seizures of whatever nature

4. PRIVACY OF COMMUNICATION AND CORRESPONDENCE

Inviolable except upon lawful order of the court, or when public safety requires otherwise

5. FREEDOM OF SPEECH AND EXPRESISON Right of the people peaceably assemble and

petition the government for redress of grievances

6. LIBERTY OF ABODE AND TRAVEL Right to travel and to change abode

7. RIGHT TO INFORMATION Information on matters of public concern

8. RIGHT TO FORM ASSOCIATIONS From unions, associations, or societies for

pruproses not contrary to law

9. RIGHT TO COMPENSATION IN EXPROPRIATION CASES

Private property shall not be taken for public use without just compensation

10. THE IMPAIRMENT CLAUSE

No law impairing the obligation of contracts shall be passed

11. FREE ACCESS TO COURTS Quasi-judicial bodies and adequate legal

assistance shall not be denied to any person by reason of poverty

12. MIRANDA RIGHTS Have the right to be informed of his right to

remain silent and to have competent and independent counsel preferably of his own choice.

CITIZENS OF THE PHILIPPINES1. Citizens of the Philippines at the time of adoption of

the 1987 constitution2. Fathers or mothers are citizens of the Philippines3. Born before January 17, 1973 of Filipino mothers4. Naturalized in accordance with law

NATURAL BORN CITIZEN Citizens of the Philippines from birth Those who elect Philippine citizenship in accordance

with Paragraph 3 Section 1 of Article IV of the Constitution

Philippine citizenship may be lost or reacquired in the manner provided by the law

Doctrine of Jus Sanguinis – right of blood Doctrine of Jus Solis – right by soil/place of birth

CHAPTER 10: DENTIST AND DONATIONS

DONATION Act of liberality whereby a person disposes gratuitously

of a thing or right in favor of another who accepts it

ORGAN DONATION ACT OF 1991 (RA 7170) Approved January 7, 1992 Offer is exercised after death Donors should reveal their intentions to as many of

their relatives and friends as possible and to their physicians

No money can be exchanged in making an anatomical donation

LAW STATES THAT…1. Any person of sound mind and 18 years of age or over

may give any part2. If a donor has not acted during his lifetime, his

survivors, in a specified order of priority may do so3. Physicians who accept organs or tissues, relying on

good faith on the documents are protected from lawsuits

4. Physician attending at the time of death, if acquainted with the donor’s wishes, may dispose of the body

5. Time of death must be determined by a physician who is not involved in the transplantation

6. Donor may revoke the gift of the gift may be rejected7. Organ donation may be made by a will or by other

written or witnessed documents

KINDS OF DONATION1. DONATION MORTIS CAUSA

Take effect upon the death of the donor2. DONATIONS INTER VIVOS

Take effect inter vivos shall be governed by the general provisions on contracts and obligations

3. DONATIONS OF PERSONAL PROPERTY Made orally or in writing

4. DONTATIONS OF REAL PROPERTY Made in a public document to be valid,

specifying therein the property donated and the value of the charges which the done must satisfy.

PERFECTION OF DONATION(from the moment the donor knows of the acceptance of the donee)

1. All those who are not specially disqualified by law therefore may accept donations

2. Minors and others who cannot enter into a contract may become donees

3. Donations made to conceived and unborn children may be accepted by those persons who would legally represent them

4. Donee must accept the donation personally or through an authorized person

5. Acceptance must be made during the lifetime of the donr and of he donee

6. Persons who accept donations in representation of others who may not do so by themselves, shall be obliged to make the notification

7. Express acceptance is not necessary for the validity of donations by reasons of marriage.

GROUNDS FOR REVOCATION OF DONATIONS:At the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter

1. donee should commit some offense against the person2. donee imputes to the donor any criminal offense3. unduly refises him support when donee is legally or

morally bound to give

CHAPTER 11: DENTIST AND WILLS

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WILL instrument of document where a person is permitted,

with the formalities prescribed by law, to control a certain degree the disposition of his estate, to take effect after his death

CHARACTERISTICS OF WILLS1. purely personal2. free and intelligent3. solemn and formal4. revocable and ambulatory5. mortis causa6. individual 7. executed with Animus Testandi8. executed with testamentary capacity9. unilateral10. dispositive of property11. statutory

ASPECTS OF VALIDITY OF WILLS1. EXTRINSIC – requirements of form (formal validity)

a. Law as to Time i. For Filipinos – when will was

executedii. For Foreigners – same rule

b. as to Placei. filipinos –citizenship, domicide,

residence, place of execution, Philippine law

ii. foreigners – same choices2. INTRINSIC – substance of the provision

a. As to timei. Filipinos – time of death

ii. Foreigners – depends on their personal law

b. as to placei. Filipinos – Philippine law

ii. Foreigners – their national law

TERMS COMMONLY USED IN WILLS1. BEQUEST – gift by will of personal property2. DEVISE – gift of real property by a person’s last will and

testament3. DEVISEE – recipient of devise4. EXECUTOR – one to whom another man commits by

his last will the execution of that will and testament5. LEGACY – gift by last will applied to money or personal

propertya. Absolute – given without conditions, to vest

immediatelyb. Additional – given to a legatee to whom a

legacy has already been given

c. Alternative – testator gives one of two or more things without designating which

d. Conditional – depends upon the happeninge. Legacy for life – legatee is to enjoy the use

of legacy for lifef. Pecuniary – is one of moneyg. Residuary – bequest of all the testator’s

personal estate not otherwise effectually disposed of by his will

6. LEGATEE – recipient of legacy7. RESIDUARY ESTATE – what remains of testator’s estate

after deducting the debts and the bequests and the devises

8. TESTATOR – one who has made a testament or will9. DECEDENT – general term to the person whose

property is transmitted through successionPERSONS WHO MAY MAKE A WILL

1. All persons who are not expressly prohibited by law2. Male or female who are at least 18 years old3. Persons of sound mind at the time of execution of will4. Married woman, even without the husband’s consent

TESTAMENTARY CAPACITY Capacity to comprehend the nature of the transaction To recollect the property to be disposed of and the

persons who would naturally be supposed to have claims upon the testator

1. All persons who are not expressly prohibited by law

2. Male or female who are at least 18 years old

3. Persons of sound mind at the time of execution of will

4. Married woman, even without the husband’s consent

KINDS OF WILL1. NOTARIAL WILL

Subscribed or signed by testator himself Attested and subscribed by 3 or more

credible witnesses2. HOLOGRAPHIC WILL

Entirely written, dated and signed by the testator himself

Need not be witnessed3. NUNCUPATIVE WILL

Oral will

ELEMENTS OF A VALID NOTARIAL WILL Must be in writing Must be executed in a language known to all Must be subscribed by the testator himself Must be attested by at least 3 or more credible

witnesses

Must be signed on the left margin on each and every page thereof except the last

Must be numbered correlatively in letters Must contain an attestation clasue which shall state

the number of pages upon which the will is written Must e acknowledged before a notary public by the

testator and the witnesses

WITNESSES TO WILL Of sound mind 18 years and above Not blind, deaf or dumb Able to read and write

DISQUALIFIED WITNESSES Any person not domiciled in the Philippines Those who have been convicted of falsification of a

documentDEVISEE OR LEGATEE AS WITNESSES

Person, to whose spouse, or parent, or child, a devise or legacy is given by a will, shall be admitted as a witness to the execution of such will

CREDITORS OF TESTATORS AS WITNESSES Competent witnesses to his will even though there are

charges on his estate for the payment of debts due at the time of his death

WAYS AND MEANS TO REVOKE A WILL1. Implication of law2. Some will, codicil, or other writing executed as

provided in case of wills3. Burning, tearing, cancelling or obliterating the will

CAUSES OF DISALLOWANCE OF WILLS1. Formalities required by law have not been complied

with2. Testator was insane or mentally incapable3. It was executed through force of under duress4. It was procured by undue and improper pressure and

influence5. Signature of testator was procured by fraud6. Testator acted by mistake

-Rosette Go 020311

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