med jurisprudence report
TRANSCRIPT
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ADMINISTRATIVE LIABILITY
Reprimand, Suspension, or
Revocation of Registration
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Characteristics of Proceedings in
PRC There must be presumption of the innocence of
the respondent.
The quantum of evidence to prove that thephysician is liable on the ground charged is
merely preponderance of evidence.
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The respondent physician shall be entitled
to be represented by counsel or be heard inperson;
to have a speedy and public hearing;
to confront and to cross-examine witnessesagainst him; and
to all other rights guaranteed by the
Constitution and provided for in Rules ofCourt.
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The decision of the Board of Medicine shallautomatically become final thirty days after
the date of its promulgation unless therespondent, during the same period, hasappealed to the PRC and later to the office of
the President of the Philippines.
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After two years, the Board may order thereinstatement of any physician whose
registration has been revoked if the respondent
has respondent in an exemplary manner in thecommunity wherein he resides and has not
committed any illegal, immoral, or
dishonorable act.
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COMPLAINTS
WHO CAN FILE?
1. any person
2. firm or corporation through its dulyauthorized representative
3. the Board of Medicine itself
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The complaint itself must be in writing andunder oath.
Within five days after the filing of the
written charges, the respondent physicianshall be furnished a copy.
The Board shall conduct an investigation
within five days after the respondent hasreceived a copy.
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SERVICE OF SUMMONS
Summons shall consist of
1. letter-subpoena requiringappearance of the respondent at adesignated time or place
2. a copy of the complaint and itsenclosures.
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RIGHTS OF RESPONDENTS INTHE ADMINISTRATIVE
INVESTIGATION OF THE BOARDOF MEDICINE
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Rights provided for by the Medical Act
Rights provided for by the Rules andRegulations
Rights under the Rules of Court
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Rights of the Defendant at Trial
To be presumed innocent until the contraryis proved
To be present and defend in person and byattorney at every stage of the proceedings
To be informed of the nature and cause ofthe accusation
To testify as witness in his own behalf
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To be exempted from being a witness
against itself To be confronted at the trial by, and to
cross-examine the witness against him.
To have compulsory process issued to securethe attendance of witnesses in his behalf
To have a speedy and public trial
To have the right of appeal in all casesauthorized by law
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GROUNDS FOR REPRIMAND,SUSPENSION, OR
REVOCATION OFREGISTRATION OF
CERTIFICATE
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Personal Disqualifications
Criminal Acts
Unprofessional Conduct