medical profession as property right-leme

MEDICAL PROFESSION AS PROPERTY RIGHTGroup No. 7: Maria Kristina Isabelle Arias Aminah Balt John Bernardo Danielle Grace Dacuan Marlon De Alban Voltaire Verbo Genevieve Villanueva

Medical Education in the Philippines Medical education in the Philippines is principally offered and developed by accredited and government recognized medical schools in the country. Philippine Medical Schools - graduate schools offering the Doctor of Medicine (M.D.) degree M.D. - a four-year professional degree program which qualifies the degree holder to take the licensure exam for medical doctors in the Philippines

Arias.Balt.Bernardo.Dacuan.De Alban.Verbo.Villanueva

Admission to The Study of Medicine1. Before applying to a medical school, a candidate must earn a bachelors degree with credits in certain required subjects. The most common pre-medical degrees include biology, physical therapy and nursing.

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Also, a candidate must take and pass the National Medical Admission Test (NMAT). NMAT- the national entrance exam for all medical schools in the Philippines

Professional Medical Degree Doctor of Medicine- a four-year professional degree program dealing with medical theories, practices, technologies, and problem solving. The completion of the degree program with one-year postgraduate internship qualifies a candidate to take the licensure exam for medical doctors in the Philippines.

Philippine Medical Schools Medical schools in the country are regulated by the Commission on Higher Education (CHED) and accredited by the Association of Philippine Medical Colleges.

Graduate Medical Programs Graduate Medical Programs are offered in some medical schools in the country and abroad. The candidates usually attend lectures and practical exercises in both academic environment and laboratory settings. The program may require either one of the three as final graduation requirement: a presentation and defense of a graduatelevel thesis, an independent research project, or supervised professional practice. The entire academic program may last from one to five years depending on the requirements of the curriculum, the demands of the institution, academic load, and dedication of the student.

Medical Specialization Medical specialization usually takes three to six years of residency training in accredited hospitals and clinics, and the taking of diplomate board examinations conducted by a board of medical specialists in a particular field such as the Philippine board of Psychiatry, Philippine Board of Pediatrics, Philippine Board of Cardiology, Philippine Board of Pulmonology, etc.

Medical Practice Medical Practice in the Philippines is developed, monitored, and regulated by the Philippine Medical Association (PMA) which is the largest organization of medical doctors in the country. Other medical and health societies co-exist to pursue more specific interests in the medical field (e.g. Philippine College of Family Physicians, Philippine Dermatological Society, Philippine Cancer Society, Philippine Pediatric Society, Philippine Association for the Study of Obesity, etc.) DOH- a cabinet-level department under the Office of the President of the Philippines which exercises general monitoring supervisory powers over medical practitioners and allied health personnel in the Philippines

Medical ProfessionThe body of individuals who are qualified to practice medicine.

Property Right1) A right to specific property, whether tangible or intangible. 2) Law created by governments in regards to how individuals can control, benefit from and transfer property.


Medical Profession as Property Right The right of a person to his labor is deemed to be his property within the meaning of constitutional guarantees. As it involves his means of livelihood, a person cannot be deprived, therefore, of his labor or work without due process of law. (Mizona v. Great Pacific Life Assurance Corp., CV-05512, July 21, 1986)


Medical Profession as Property Right Ones employment, profession , trade or calling is a property right, and the wrongful interference therewith is an actionable wrong. The right is considered to be property within the protection of the Constitutional guarantee of due process of law. (Crespo v. Provincial Board, 160 SCRA 66, citing Callanta v. Carnation Phil. 145 268, citing Fernando , Constitution of the Philippines, 2nd ed., 512-513.)


Medical Profession as Property Right A profession, trade or calling is property right within the meaning of our constitutional guarantees. One cannot be deprived of the right to work and the right to make a living because these rights are property rights, the arbitrary and unwarranted deprivation of which normally constitutes an actionable wrong.

So long as professionals and other workers meet reasonable regulatory standards no such deprivation exists. (JMM Promotion and Management, Inc. v. Court of Appeals, 260 SCRA 319)


R.A. No. 2382The Medical Act of 1959

R.A. No. 2382: The Medical Act of 1959Art. 1 (Objectives and Implementation) Sec. 1. Objectives. This Act provides for and shall govern (a) the standardization and regulation of medical education; (b) the examination for registration of physicians; and (c) the supervision, control and regulation of the practice of medicine in the Philippines. Sec. 2. Enforcement. The creation of the following agencies: (1) the Board of Medical Education under the Department of Education, and (2) the Board of Medical Examiners under the Commissioner of Civil Service


R.A. No. 2382: The Medical Act of 1959 Art. 2 (The Board of Medical Education and Its Functions) Sec. 3. Composition of Board of Medical Education. The Board of Medical Education shall be composed of: chairman: Secretary of Education or his duly authorized representative, members: (1) the Secretary of Health or his duly authorized representative; (2) the Director of the Bureau of Private Schools or his duly authorized representative; (3) the chairman of the Board of Medical Examiners or his duly authorized representative; (4) a representative of private practitioners upon recommendation of an acknowledged medical association; and (5) a representative chosen by the Philippine Association of Colleges and Universities.


R.A. No. 2382: The Medical Act of 1959 Art. 2 (The Board of Medical Education and Its Functions) Sec. 5. Functions. The functions of the Board of Medical Education shall be: (a) To determine and prescribe the minimum requirements for admission into a recognized college of medicine; (b) To determine and prescribe requirements for minimum physical facilities of colleges of medicine, to wit: buildings, including hospitals, equipment and supplies apparatus, instruments, appliances, laboratories, bed capacity for instruction purposes, operating and delivery rooms, facilities for out-patient services, and others, used for didactic and practical instructions in accordance with modern trends; (c) To determine and prescribe the minimum number of and the minimum qualifications of teaching personnel, including student-teacher ratio and curriculum;


R.A. No. 2382: The Medical Act of 1959 (Art II, Sec. 5)

(d) To determine and prescribe the number of students who would be allowed to take up the preparatory course taking into account the capacity of the different recognized colleges of medicine; (e) To select, determine and approve hospitals or some departments of the hospitals for training which comply with the minimum specific physical facilities as provided in subparagraph (b) hereof; and (f) To promulgate and prescribe and enforce the necessary rules and regulations for the proper implementation of the foregoing functions.


R.A. No. 2382: The Medical Act of 1959 (Art II)Sec. 6. Minimum required courses. Students seeking admission to the medical course must have a bachelor of science or bachelor of arts degree or their equivalent and must have taken in 4 years of the following subjects with their corresponding number of units:

SUBJECT English Latin Mathematics, including accounting and Statistics Philosophy, including Psychology and Logic Zoology and Botany Physics Chemistry Library Science Humanities and Social SciencesArias.Balt.Bernardo.Dacuan.De Alban.Verbo.Villanueva

UNIT 12 3 9 12 15 8 21 1 12

R.A. No. 2382: The Medical Act of 1959 (Art II, Sec. 6)

Commencing with academic year 1960-1961: 24 units of Spanish shall be required pursuant to R.A. No. 1881 as cultural, social and nationalistic studies. The ff. students may be permitted to complete the aforesaid preparatory medical course in shorter periods as follows: (a) Students whose general average is below 85% but without any grade of failure or condition may be allowed to pursue and finish the course in 3 academic years and the intervening summer sessions; and (b) Students whose general average is 85% or over may be permitted to finish the course in 3 academic years by allowing them to take each semester the overload permitted to bright students under existing regulations of the Bureau of Private Schools. Upon failure to maintain the general average of 85%, students under (b) shall automatically revert to the category of students under (a) and those under (a), upon having any grade of failure or condition, shall automatically revert to the category of students required to pursue the preparatory course in 4 years mentioned above.


R.A. No. 2382: The Medical Act of 1959

(Art II, Sec. 6-7) The medical course shall be at least 5 years, including not less than eleven rotating internship in an approved hospital, and shall consist of the ff. subjects: Anatomy; Physiology; Biochemistry and Nutrition; Pharmacology; Microbiology; Parasitology; Medicine and Therapeutics; Gynecology; Opthalmology, Otology, Rhinology and Laryngology; Pediatrics; Obstetrics; Surgery; Preventive Medicine and Public Health; Legal Medicine, including Medical Jurisprudence and Ethics. Section 7. Admission requirements. The medical college may admit any student to its first year class who has not been convicted by any court of competent jurisdiction of any offense involving moral turpitude, and who presents (a) a certificate showing completion of a standard high school course, (b) a record showing completion of


Bill No. 1472AN ACT INTEGRATING THE MEDICAL PROFESSION OF THE PHILIPPINES

Bill No. 1472 Introduced by Senator FRANCIS G. ESCUDERO This bill seeks to integrate the Philippine Medical Association, Inc. (PMA), the existing umbrella organization of the medical profession. By way of integration, it makes the PMA as a partner of the government in the improvement of the country's health care service and delivery system. It is basically designed to ensure and preserve the integrity, competence, accountability, and accessibility of the medical profession.

Bill No. 1472 Under existing laws, a patient has three (3) options to remedy or punish such negligent acts:1. 2. 3. Filing a criminal action under the Revised Penal Code under Article 365 (reckless imprudence); Filing a civil case for the recovery of damages; and Filing a case before the Professional Regulations Commission (PRC) for the revocation of the license of the doctor.

This bill provides a patient with a fourth and perhaps the most efficient remedy by filing a case with an integrated professional medical organization. The medical profession, just like the legal profession, once integrated shall mean that no doctor can practice his/her profession unless he/she becomes a member of such integrated professional organization. An aggrieved patient may now seek the revocation of membership of a doctor in that integrated professional medical organization court or administrative actions involve too much technicalities .

Bill No. 1472 This bill, in making the PMA as the integrated professional medical organization, mandates all physicians who are engaged or will engage in the practice of medicine to become members of the PMA. It likewise becomes a professional medical organization that can serve as an extension of the government at no cost in regulating the medical profession, maintaining the high standard and ethical conduct of medical practitioners, and help in the continued efficient and quality delivery of health care and service. In view of the foregoing, passage of this bill is earnestly sought.

Pascual vs. Board of Medical ExaminersSCRA 345; G.R. NO. 25018; 26 MAY 1969

PASCUAL VS. BME [28 SCRA 345; G.R. NO. 25018; 26 MAY 1969]Facts: Petitioner Arsenio Pascual, Jr. filed an action for prohibition against the Board of Medical Examiners. It was alleged therein that at the initial hearing of an administrative case for alleged immorality, counsel for complainants announced that he would present as his first witness the petitioner. Thereupon, petitioner, through counsel, made of record his objection, relying on the constitutional right to be exempt from being a witness against himself. Petitioner then alleged that to compel him to take the witness stand, the Board of Examiners was guilty, at the very least, of grave abuse of discretion for failure to respect the constitutional right against self-incrimination. The answer of respondent Board, while admitting the facts stressed that it could call petitioner to the witness stand and interrogate him, the right against self-incrimination being available only when a question calling for an incriminating answer is asked of a witness. They likewise alleged that the right against self-incrimination cannot be availed of in an administrative hearing.


PASCUAL VS. BME [28 SCRA 345; G.R. NO. 25018; 26 MAY 1969]Petitioner was sustained by the lower court in his plea that he could not be compelled to be the first witness of the complainants, he being the party proceeded against in an administrative charge for malpractice. Hence, this appeal by respondent Board. Issue: Whether or not compelling petitioner to be the first witness of the complainants violates the Self-Incrimination Clause.


PASCUAL VS. BME [28 SCRA 345; G.R. NO. 25018; 26 MAY 1969]Held: The Supreme Court held that in an administrative hearing against a medical practitioner for alleged malpractice, respondent Board of Medical Examiners cannot, consistently with the self-incrimination clause, compel the person proceeded against to take the witness stand without his consent. The Court found for the petitioner in accordance with the well-settled principle that "the accused in a criminal case may refuse, not only to answer incriminatory questions, but, also, to take the witness stand." If petitioner would be compelled to testify against himself, he could suffer not the forfeiture of property but the revocation of his license as a medical practitioner. The constitutional guarantee protects as well the right to silence: "The accused has a perfect right to remain silent and his silence cannot be used as a presumption of his guilt." It is the right of a defendant "to forego testimony, to remain silent, unless he chooses to take the witness stand with undiluted, unfettered exercise of his own free genuine will."

PASCUAL VS. BME [28 SCRA 345; G.R. NO. 25018; 26 MAY 1969]The reason for this constitutional guarantee, along with other rights granted an accused, stands for a belief that while crime should not go unpunished and that the truth must be revealed, such desirable objectives should not be accomplished according to means or methods offensive to the high sense of respect accorded the human personality. More and more in line with the democratic creed, the deference accorded an individual even those suspected of the most heinous crimes is given due weight. The constitutional foundation underlying the privilege is the respect a government ... must accord to the dignity and integrity of its citizens.


The Hayden Kho Case

The Hayden Kho Case The PRC medical board revoked the medical license of Hayden Kho after finding him guilty of immorality and dishonorable act for taking videos of his sexual encounters with Katrina Halili. Hayden Kho filed an appeal to regain said medical license very recently, but to no avail. According to the PRC, Board of Medicine:1. The Law allows a respondent (Dr. Kho in this case) whose license has been revoked to apply or appeal for reinstatement after two years, provided he can prove to the Board of Medicine that he is no longer unethical or immoral as charged. Dr. Kho must apply for a reinstatement to the Board of Medicine and not to the Commission.

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