JURIS Flashcards
ignorantia juris non excusat
Ignorance of the law excuses no man
branches of government
Legislative (enacts, amends, and repeals law), executive (implements the law), judiciary (interprets the law)
supreme law of the land
1987 Philippine Constitution
“The state shall protect and promote the right to health of the people and instill health consciousness among them.”
1987 Philippine Constitution
Art II (State Policies) Sec. 15
“The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.”
1987 Philippine Constitution
Art XII (State Policies) Sec. 14
powers of the state
Police power (for public welfare)
Power of eminent domain (for public use)
power of taxation (for public purposes)
Salus populi suprema lex est
welfare of the people is the highest law
Sic utere tuo ut alienum non laedas
So use your own so as not to injure that of another
Basis of police power
salus populi suprema lex est
Sic utere tuo ut alienum non laedas
Basis of power of eminent domain
Regalian Doctrine - all lands belong to the government
Basis of power of taxation
LIfeblood Doctrine - state cannot function without money (taxes)
refers to a moral power residing in a person of doing, possessing, or requiring something, which all other person are bound to respect
Right
prescribes means to be employed to enforce a right or redress a wrong inflicted upon a person
Remedial Law
juridical relations from commercial acts
commercial law
“Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.”
1987 Constitution Article XIV Section 5
(considered police power)
Rights in rem vs rights in personam
rights in rem - against a thing (property rights)
rights in personam - against a person (personal rights)
regarded as first Filipino dentist
Jose Arevalo / Capitan Cheng-cheng
old terms for dentistry
sacamuelas or tooth pullers (Spanish regime)
cirujanos ministrantes / cirujano dentistas (UST)
he determined the fitness of those who were already practicing dentistry. Accordingly, examinations were given and licenses were issued
Major General Elwell Otis
first dental law
Act No. 593 (January 10, 1903)
considered to be the second step towards the maturation of dentistry in the Philippines into a profession
Act No. 593 (January 10, 1903)
act that provided for the organization of the Board of Dental Examiners
Act No. 593 (January 10, 1903)
when was the National Dental Association organized?
first president of the National Dental Association
Francisco Tecson
NDA (1924)
established the National Dental Review
Francisco Tecson with Eladio Aldecoa as editor
first act lengthening the dental course from three to four years
Act No. 3538
act in 1930 that enacted a reciprocity provision forbidding foreign dentists from practicing in the PH if they came from countries which did not grant same privilege to Filipino dentists
Act No. 3538
official organ of the Philippine Dental Association
Journal of the Philippine Dental Association
Republic Act which specifically provided for practical tests in the dental board examinations
RA No. 417 (signed by Elpidio Quirino)
H.B. 2783
Republic Act which imposed a two-year pre-dental course as admission requirement for the study of dentistry
RA No. 417 (signed by Elpidio Quirino)
H.B. 2783
Republic Act separating the Dental Corps from the Medical Service and creating it as a separate technical service of the Armed Forces of the Philippines
RA No. 481 (Cong. Ricardo Y. Ladrido)
An act regulating the practice of dentistry in the Philippines
Act No. 593 (january 10, 1903)
Who appointed the 3 members of Board of Dental Examiners (Act No. 593)
Commissioner of Public Health
approved by Board of Health
Administrative Jurisdiction by Department of Interior
Term of Office: 3 years
When can the Commissioner of public health remove any member of the Board of Dental Examiners (Act No. 593)
with advice from Board of Health for the Philippine Islands for continued neglect of duty or incompetency
for unprofessional or dishonorable conduct
Qualifications for Board of Dental Examiners (Act No. 593)
Reputable practitioners
Dental gradutes recognized by National Association of Dental Faculties and Dental Examiners of US
Member of faculty is NOT ELIGIBLE
second Dental law
Act No. 2462 (Feb 5, 1915)
Ant act providing new regulations for the examination of dentists and practice of dentistry in the Philippines
Act No. 2462 (Feb 5, 1915) second dental law
who appoints the board of dental examiners (Act no. 2462)
Director of Health
recognized by Insular government
**Filipinos can be board members
Qualifications of Candidates to be Admitted to Examination (Act. 2462)
Good moral character
Diploma of Dental Medicine or Doctor of Dental Surgery (3 year course)
Passed a satisfactory exam before the board
third dental law
Act. No 2711 (March 10, 1917)
The revised administrative code of the Philippine Islands of 1917
Act No. 2711 (March 10, 1917)
third dental law
first comprehensive compilation of all dental laws
Act No. 2711 (March 10, 1917)
third dental law
1 year term of board of dental examiners
Act No. 2711 (March 10, 1917)
third dental law
reciprocity provision is stated where
Act No. 2711 (March 10, 1917) third dental law
Sec. 796
“no foreign dentist shall be admitted to examination unless the country of which he is a subject or citizen, permits Filipino dentists to practice within its territorial limits.”
nasa 9484 article IV section 31: foreign reciprocity
amended Act No. 2711 (March 10, 1917)
Act No. 3538 (also lengthened the study of DDM from 3 to 4 years)
Act for the creation of Department of Health and Public welfare
Commonwealth Act No. 430
fourth dental law
RA No 417 (June 18, 1949)
fourth dental law
An act to regulate the practice of Dentistry in the Philippines and for other purposes
RA No. 417 (June 18, 1949)
fourth dental law
An act to regulate the practice of dentistry in the Philippines (walang for other purposes) = Act No. 593
Which act stated that Board of Examiners shall be appointed by the President of the Philippines upon recommendation of Commissioner of Civil Service
RA No. 417 (June 18, 1949)
fourth dental law
fifth dental law
RA No. 4419 (June 19, 1965)
fifth dental law
The Philippine Dental act of 1965: An act to regulate the practice of Dentistry in the Philippines
RA No. 4419 (June 19, 1965)
fifth dental law
act for the promotion and development of dental research
RA No. 4419 (June 19, 1965)
fifth dental law
Board of Dental Examiners became the Board of Dentistry
RA No. 4419 (June 19, 1965)
fifth dental law
increasing the members of Board of Dentistry from 3 to 5 and increasing the term from 3 years to 5 years
RA No. 4419 (June 19, 1965)
fifth dental law
Appoints the Board of Dentistry (RA No. 4419)
President of the Philippines
certified by PDA
recommended by chapters
Confirmed by Commission on Appointments
*member serving the last year shall be chairman of the board
Qualification for Board of Dentistry (RA 4419 same with RA 9484)
Natural born citizen
duly registered
at least 10 years practice
member of good standing of the PDA for the last 5 years
not a member of a faculty of any school
not connected in any capacity with any business enterprise
Amended RA 4419 of 1965
Presidential Decree No. 223 (June 22, 1973)
PRC shall submit and recommend to the President nominees
three-man commission
term: 9 years
sixth dental law
RA 9484 (June 2, 2007)
Philippine Dental Act
RA 9484 (June 2, 2007)
Act to regulate the practice of dentistry, dental hygiene, and dental technology
RA 9484 (June 2, 2007)
Act to regulate the practice of dental hygienist in the Philippines
RA 768
Repealed RA 4419 and RA 768
RA 9484
RA 4419 - act to regulate the practice of dentistry in the PH
RA 768 - Act to regulate the practice of dental hygienist in the PH
Continuing Professional Development Law of 2016
RA 10912
need 60 CPD points prior to renewal –> 45 units
new implementing rules and regulations (IRR) from 45 units to 15 unit CPD every 3 years
RA 10912 resolution No. 2019-1146 (March 1, 2019)
added prerequisite for practice of dentistry
- certificate of registration
- permanent residency in the Phil for at least 3 years
RA 4419 (June 19, 1965) -fifth dental law
RPD exercise and Class II and FPD resolution
RPD exercise - Res. No. 111, 1987
Class II and FPD - Res. No. 34, 1989
professional tax receipt is paid every ___ to the municipal hall
Jan 31
income tax is paid every __ to the BIR
April 15
Statement of Policy, Objectives and Scope of Practice
Article 1
of RA 9484
Objectives; enforcement of code of ethics and code of dental practice, regulation, control and supervision of practice, licensure exam for dentist, dental hygiene, dental tech
Article 1 Sec 3
of RA 9484
Definition and scope of practice (9484)
Article 1 Sec 4
of RA 9484
Definition of dentist according to Article 1 Sec 4 of RA 9484
holder of COR, PRC ID
renders dental service
w/ or w/o compensation
prescribes meds,
corrects malposed teeth
implantation of artificial substitutes
teaches subjects in the licensure exam
engages in dental research
definition of dental hygienist according to article 1 sec 4 of RA 9484
COR, PRC ID
2 year course in dental hygiene
tasks under the supervision of a licensed dentist
oral health promotion and preventive measures
scaling and polishing
oral exam, brief history taking, radio
oral health education
definition of dental technologist according to article 1 sec 4 of RA 9484
COR, PRC ID
under supervision of licensed dnetist
2 year certificate course
mechanical reconstruction of artificial denture and other oral devices
Article __: the Professional Regulatory BOard of Dentistry
Article II of RA 9484
states the composition of the professional regulatory board of dentistry
Article II section 5 of 9484
composition of board according to article II sec. 5 of 9484
supervised by PRC
chairperson and four members (5)
appointed by the president based on recommendees ranked by the PRC
States the powers and functions of the board
Article II Sec 6 of RA 9484
States the qualifications of the chairman and members of the board
Article II Sec 7 of RA 9484
states the Term of Office of board of dentistry
Article II Sec 8
term of 3 years and may be reappointed
member serving the last year of appointment become the chairperson
State the Supension and Removal of board members
Article II Sec 10
after due process
Article __: Licensure Examination and Registration
Article III of RA 9484
Sec 13 - Examination Required
states the Qualification for Admission for Dentistry, Dental Hygiene, Dental Technology
Article III Section 14
states the Ratings in the Examination
Article III Sec 16
Gwa at least 75% with no rating below 50% in any subject
states that all successful examinees and registrants without examination shall be required to take a professional oath before any member of the Board or any authorized by the Commission or by law before they start their practice
Article III Sec 18
states that the board shall refuse to issue a certificate of registration to any successful examinee etc who has been convicted by a court of a criminal offense involving moral turpitude, found guilty of immoral or dishonorable conduct, unsound mind
Article III Sec 21
states the revocation or suspension of certificate
Article III Sec 22
when can a dentist reapply for reinstatement? according to ___?
done 2 years after the date of revocation
-may or may not be exempted from re-taking the boards
Article III Sec 23
Special/Temporary permit are given to Foreigners who ___? (source?)
dental armed formes but must render service to their members
invited specialists
work limited to specific tasks
activities must be monitored by PDA
Article III Sec 24
Article __: Practice of Dentistry, Dental Hygiene and Dental Technology
Article IV of RA 9484
states the Display of Name and Certificate should be in plain sight of anyone who enter; copy of the cert in other branches of his/her practice
Article IV Sec 28
States the Continuing Professional Education
Article IV Sec 29
who are exempted from CPE
person over the age of 65
states that there is only one and only national organization recognized by the Board and accredited by the PRC
Inegration of Dental Professions
Article IV Sec 30
States the Foreign Reciprocity
Aricle IV Sec 31
regulatory body that accredits dental schools
CHED
Article ___: penal provision and enforcement of the act
Article V
Punishment according to article V
200,000 - 500,000 pesos
2 years and 1 day to 5 years of imprisonment
When was the code of ethics approved? Who? Resolution?
July 17 2008
Chairperson Rosita Nisce
Board resolution no. 14, s. 2008
A system of moral principals or values, the rules or standards governing the conduct of members of a profession
Ethics
Res ipsa loquitor
The thing speaks for itself
Quasi-contracts
Negotiorum gestio -management or inference with the business or affairs of another without authority
Solutio indebti -payment by mistake
A writ which orders a public agency or government body to perform an act required by law when has neglected or refused to do so
Mandamus
Writ by which the government begins its action to recover an office or franchise from a person/corporation in possession of it
Quo warranto
A preventive remedy to refrain the doing of some act about to be done and not intended to provided a remedy for act already accomplised
Prohibition
Petition the court to review the decision, correct errors of jurisdiction
Certiorari
Refers to the start-to-end period of a felony; things done; admissibility of hearsay evidence
Res gestae
Rural health law under Pres. Magsaysay
RA 1082 (June 15, 1954) an act strengthening health and dental services in the rural areas and providing funds
Declaring february of every year as national dental health month
Proclamation 559 under Pres. Arroyo
Signed act authorizing the appropriation of funds as for the fluoridation of water supplies in the country
RA 3626 under Pres. macapagal
