Juris Flashcards
The means, sanctioned by the rules of court, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
EVIDENCE
Signifies those rules of law whereby it is determined what evidence should be admitted and what should be excluded in each case and what is the weight to be given to the evidence admitted.
EVIDENCE
Not excluded by law as tending to prove a fact in issue.
Competent evidence
The law does not permit to be contradicted.
Conclusive evidence
Additional evidence of a different character to the same point.
Corroborative evidence
Additional evidence of the same character to the same point.
Cumulative evidence
Proves a fact without an inference or presumption and which in itself, if true, establishes that fact.
Direct evidence
The testimony given by a witness on a matter requiring special skill, knowledge, training or experience which he is shown to possess.
Expert evidence
Not directed to prove a fact in issue as determining by the rules of substantive law and of pleadings.
Immaterial evidence
Irrelevant to the issue or which is excluded by the rules of evidence.
Inadmissible evidence
Excluded by law either on ground of its immateriality, irrelevancy, want of credibility or for any other reason.
Incompetent evidence
No tendency in reason to establish the probability or improbability of a fact in question.
Irrelevant evidence
Directed to prove a fact in issue.
Material evidence
Proves a particular fact until contradicted and overcome by other evidence.
Prima evidence
Directly addressed to the court’s senses as would materially aid the judge to arrive at a proper conclusion as to the truth respecting a matter of fact.
Real evidence
Having any value in reason as may tend to establish the probability or improbability of a fact in question.
Relevant evidence
Is any written or oral statement or declaration of a person respecting a matter of fact sought to be prove.
Testimonial evidence
2 KINDS OF PRESUMPTIONS
Presumption of law, Presumption of fact
A deduction which the law expressly directs to be made from particular facts.
Presumption of law
presumption of law that is legally satisfactory and may not be contradicted and overcome by proof to the contrary.
Conclusive presumption
presumption of law that is satisfactory if uncontradicted but may be overcome by other evidence.
Disputable presumption
A deduction in which reason draws from the facts proven without an expressed direction of law to that effect.
Presumption of fact
Consists of writing or any material containing letters, words, numbers, figures, symbols, or other modes of written expression offered as proof of their contents.
DOCUMENTARY EVIDENCE
2 types of presumption of law
Conclusive presumption
Disputable presumption
Means that the original of a document or writing is the best evidence of such document or writing and must be produced unless the original is lost, destroyed, unavailable or otherwise unobtainable.
BEST EVIDENCE RULE
Substitutionary evidence which becomes admissible, when the best evidence or original document is lost, or destroyed, or cannot be produced in court, or is in the custody of the adverse party.
SECONDARY EVIDENCE
Means that parol or oral evidence of prior or contemporaneous agreements is not admissible to modify or contradict the written agreement.
PAROL EVIDENCE RULE
A witness can testify only to those fact which he knows of his personal knowledge—which are derived from his own perception, except as otherwise provided in the rules of court.
HEARSAY RULE
This is the first exception to the hearsay rule.
DYING DECLARATION
The declaration of a dying person, made under the consciousness of an impending death.
His death is the subject of inquiry.
DYING DECLARATION
The source of all information regarding confinement and treatment in a hospital or management in a dental clinic.
Documentation of informed consent when applicable.
Any other pertinent data.
PATIENT’S CLINICAL RECORD
- Except as otherwise provided by law, all persons who can perceive, and perceiving, can make their known perception to others, may be _________.
- Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground of disqualification.
WITNESSES
Testifies on matters that came to his knowledge through his own senses and testifies on facts.
ORDINARY WITNESS
- Gives testimony on matters he knows a lot.
- Has plenty of experience about.
- Opinion evidence.
EXPERT WITNESS
A person authorized to practice medicine (including dentistry), surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advise or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in that capacity, and which would blacken the reputation of the patient.
PRIVILEGED COMMUNICATION
Another exception to the physician-patient privilege.
LEGAL DISCLOSURE
The dentist, dental hygienist, or dental technologist shall report all violations of the “Philippine Dental Act of 2007”, rules and regulations governing the practice of dentistry, and this code, as may be committed by a duly licensed dentist, dental hygienist, or dental technologist, or non-dentist, which comes to their knowledge, to the appropriate chapter of affiliate society, the board, or the professional regulation commission.
LEGAL DISCLOSURE
Alleged dental practitioners must be treated with due respect in accordance to their primary human rights and must be presumed innocent until proven guilty.
LEGAL DISCLOSURE
Is the power to hear, determine, ascertain facts, and decide by the application of rules of law to the ascertained facts in the enforcement and administration of law.
ADMINISTRATIVE ADJUDICATORY OR QUASI-JUDICIAL POWER
Proceedings before the professional regulation professional regulatory boards, like the board of dentistry, are all in the nature of __________ ___________.
quasi-judicial proceedings
composed of the provincial health officer of the province where the public health worker belongs, as chairperson, a representative of any existing national or provincial public health workers’ organization or in its absence its local counterpart and a supervisor of the district, the last two (2) to be designated by the provincial health office mentioned above.
Committee
_____________ shall submit its findings and recommendations to the secretary of health within ___ days from the termination of the hearings. Where the provincial health officer is interested party, all the members of the committee shall be appointed by the secretary of health.
Committee
30
verified with certification against forum shopping
Complaint
submitting numerous same complaints against the same dentist/practitioner; illegal and may be discredited.
Forum Shopping
order of the court or quasi-judicial agency to an individual called to appear in court or hearing to file an answer through personal service or registered mail.
Summons
within 15 days from receipt of summons; attach all records necessary; failure to answer would mean a default, wherein the board decides with the complainant’s documents alone.
Answers
presentation of documents submitted of both parties in the presence of their lawyers.
Pre-Trial Conference
depending on the pretrial conference.
Summary Judgement or go to Trial
done when you are not satisfied with the decision of the Board of Dentistry
Appeal to the Commission (Sec. 6, Rule XVI)
done when you are not satisfied with the decision of the PRC
Appeal to Court of Appeals (Sec. 8, Rule XVI)
division of PRC that executes the final decision, orders, or resolution of the commission or board in coordination with the concerned Association of (Integrated) Professional Organization and concerned government agencies.
Legal and Investigation Division (LID)
for penalty of suspension or revocation
Surrender of PRC/COR and PIC
responsible for safekeeping of the surrendered COR and PIC
Legal and Investigation Division (LID)
a trend in modern legislation known as the ________ __ __________ ________, which is justified by the comity that courts extend to the executive branch and the recognition of the expertise of administrative agencies in dealing with particular questions of fact.
DOCTRINE OF CONCLUSIVE FINALITY
Legal responsibility for the payment to an agreed third-party due to the violation of civil law
CIVIL LIABILITY
Liability imposed by the court against a person who violates the civil law.
CIVIL LIABILITY
law concerning individual relations, properties, business, personal dealings, etc., and their interaction with each other. Deals more on private individuals and has nothing to do with the state or government. Comes with monetary compensation instead of imprisonment like in criminal law.
CIVIL LAW
forgiveness of a criminal offense granted by the head of the state or President; before judgment
Amnesty
forgiveness of a criminal offense granted by the head of the state or President; after judgment
Pardon
A juridical necessity to give, to do, or not to do.
OBLIGATIONS
Obligations arising are not presumed.
Only those expressly determined in the Civil Code or in special laws are demandable and shall be regulated by the precepts of the law which establishes them.
Law
Obligations arising have the force of law between the contracting parties and should be complied with in good faith.
Contracts
stipulations by the parties must not be contrary to law, morality, good customs, public order, and public policy.
Contracts
“no one shall be unjustly enriched or benefited at the expense of another.”
Quasi-contracts
A presumptive consent as basis giving rise to an obligation to deliver a thing or render a service.
Quasi-contracts
also termed as solutio indebita
quasi-contract
Every person criminally liable for a felony is also civilly liable and therefore becomes obligated to the person he has wronged.
Acts or Omissions Punishable by Law (Delicts)
Whoever by act of omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done.
Quasi-Delicts (TORTS)
Such fault or negligence, if there is no pre-existing contractual relation between the parties
Quasi-Delicts (TORTS)
The performance of this obligation does not depend upon a condition.
Is demandable at once.
Pure Obligation
The acquisition/extinguishment of rights shall depend upon the happening of the event which constitutes the condition.
Conditional Obligation
that which gives birth to the obligation.
obligation happens only upon the happening of this event.
Suspensive Condition
that which results to the loss or extinguishment of an obligation.
Resolutory Condition
Obligations for whose fulfillment a certain day that has been fixed, shall be demandable only when that day comes.
Obligation with a Period
A person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking. The right of choice belongs to the debtor unless it has been granted to the creditor.
Alternative Obligations
“to each his own”; kaniya-kaniyang bayad; pro-rata, proportionate
Joint Obligations
“one for all, all for one”; joint and several, in solidum, individually and collectively, each will pay the whole value.
Solidary Obligations
Obligations to give definite things and those which are not susceptible of partial performance.
Indivisible Obligation
Delivery or performance is susceptible of division or partial performance.
Divisible Obligation
the penalty shall substitute the indemnity for damages.
Nevertheless, damages shall be paid if the obligor refuses
to pay the penalty or is guilty of fraud in the fulfillment of the obligation.
Obligations with a Penal Clause
an accessory obligation to assume the responsibility if there is non-performance.
Penal Clause
one which gives a right of action to compel their performance; all contracts are ______ _________.
Civil Obligations
not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof.
Natural Obligations
realization of the purpose of the obligation
PERFORMANCE
In the ______________, there is performance upon the delivery of the thing itself, and if the thing to deliver is a specific thing, the obligee has the right to compel the obligor to deliver no other than the specific thing.
obligation “to give”
In the _______________, if a person obliged to do something fails to do it, it shall be executed at his cost.
prestation “to do”
events which could not be foreseen, or which though foreseen, were inevitable.
Fortuitious events
acts of God like natural disasters (flood, typhoon, landslide, etc.)
Force Majeure
Those obliged to deliver or to do something in incur delay from the tie the oblige judicially or extrajudicially demands from them the performance of their obligation.
DELAY IN OBLIGATION
Neither party incur in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligations, delay by the other begins.
RECIPROCAL OBLIGATION
An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay, unless, when by law or stipulation, the obligor is liable even for fortuitous events.
By the Loss of the Thing due
essentially gratuitous and requires the acceptance by the obligor. It may be made expressly or impliedly. Express condonation requires the compliance with forms of donations.
To forgive or to forget debt.
By the Condonation or Remission of the Debt
The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person. The enforcement of the obligation becomes impossible.
By the Confusion or Merger of the Rights of Creditor and Debtor
shall take place when two persons, in their own right, are creditors and debtors to each other.
By Compensation
Obligations may be modified by:
o Changing the object or principal conditions of an obligation
o Changing the parties
▪ Substituting the person of the debtor
▪ Subrogating a third person in the rights of the creditor
By Novation
juridical act of dual function in that at the time it extinguishes an obligation, it creates a new one in lieu of the old.
NOVATION
Is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
CONTRACT
obligation whereby an agreement entered unto upon consideration to do or not to do a certain thing sufficient.
CONTRACT
Terms and Conditions are made known to each party either in writing or verbal.
Expressed contract
The law presumed or ascribed a the manifestation of intention of parties to enter into a contract.
Implied contract
When you accept an offer, it must be an unconditional and unequivocal acceptance to the exact terms of the offer. If no, it becomes a counteroffer.
Acceptance
__________ clauses set up provisions whereby independent and binding ________ settle contractual disputes.
Arbitration
Standard contract clauses use universal language as a type of template.
Usually found at the end of a contract, __________ clauses include arbitration clauses, entire agreement clauses, and force majeure clauses.
Boilerplate
When one party of the contract accuses the other party not following the terms of the contract. The statute of limitations for breach of contract is ten years if written, but only six years if oral.
Breach
Provisions of a contract that specify a particular occurrence. In the event these _________ happen. This is what the contract does in response.
Conditions
Something of value that is bargained for and given in exchange for the promise contained in the offer.
Consideration
Something, such as monetary compensation that is awarded for a breach of contract.
Damages
A clause that protects the contracting parties by declaring that the contract represents the complete and final agreement between the parties.
Entire agreement
A clause in contacts that excuses a party from not performing their contractual obligations due to unforeseen events beyond their control.
Force majeure
_________ of loan is an agreement where one party guarantees a a second party’s loan obligation to a third party.
Guaranty
a promise to carry out the terms of the proposed transaction, in exchange for the consideration.
Offer
Introductory paragraphs of a contract that describe the nature of the contract and why each party has elected to enter into the agreement.
Recitals
The first element of a contract which should be intelligently given with an exact idea of what it refers to be free and spontaneous by the contracting parties.
Consent
indispensable element for the existence of consent
Legal capacity
presupposes legal capacity
Legal consent
transgresses intelligence.
Mistake
transgresses freedom of consent.
Violence/force/Intimidation
transgresses reasonable freedom of choice.
Undue influence
transgresses spontaneousity.
Fraud
must not be outside the commerce of men. It must be contrary to law, morals, and good customs, public order or public policy. Impossible things or services cannot be.
Object or subject matter
cause is the prestation or promise of a thing or service by the other
onerous contracts
cause is the service or benefit which is to be compensated
remuneratory contracts
cause is the mere liberality of the benefactor
Contracts of pure beneficence
Contracts are perfected by a mere _________, and from that moment, the parties are bound to all the terms and conditions stipulated and all the consequences which according to their nature, maybe in keeping with good faith, usage, and law.
Consent
HOW CONSENT IS MANIFESTED
Acceptance
I give that you may give. Applied to a giving of money or goods under a promise of repayment in money or goods, and to loans of money, and contracts of sale.
Do ut des
I perform so that you are to perform. Signifies an agreement to do work for another if the other will do work for him; or to do any other positive acts on both sides. Or it maybe to forbear on one side in consideration of something done on the other.
Facio ut facias
I do that you may give. A valid and enforceable contract results from an implied consent where one party renters service to another and the latter accepts such service without proof that the same is given gratiously.
Facio ut des
I pay in order that you may perform. When one agrees with the employee to give such wage based on performance.
Do ut facias
Contracts that were validly or legally entered by two consenting/contracting parties. But one party is prejudiced than the other: impartial or unequal contract. One party would suffer many damages. Court may rescind the contract if one party would suffer damages more than the other from a contract agreement in the interest of equity.
RECISSIBLE CONTRACTS
The following contracts are ________ or annullable, even though there may been no damage to the contracting parties:
➢ Those where one of the parties is incapable of giving consent to a contract.
➢ Those where the consent is vitiated by mistake, violence, intimidation, undue influence, or fraud.
VOIDABLE CONTRACTS
When contract is not in writing. There is no basis to enforce the contract obligations.
UNENFORCEABLE CONTRACTS
“The failure, without legal reason, to comply with the terms of contract.” It is also defined as the “failure without legal reason excuse, to perform any promise which forms the whole or part of the contract.”
BREACH OF CONTRACT
Is an agreement between two or more parties that creates an obligation to do or not do anything.
CONTRACT
Is the existence of an agreement or bargained- for exchange where one of the parties fails, without legally valid excuse, to live up to his or her responsibilities under the contract.
BREACH OF CONTRACT
enacted for the purpose of preventing fraud
statute of frauds
laws that set the deadline or maximum period of time within which a lawsuit or claim may be filed. The deadlines vary depending on the circumstances of the case, and the type of case or claim.
Statutes of limitations
pecuniary compensation, recompense, or satisfaction for an injury sustained or as otherwise expressed, the pecuniary consequences which the law imposes for the breach of some duty or the violation of some right.
DAMAGES
amounts recoverable or that which can be awarded for the damage done or sustained.
DAMAGES
legal invasion of a legal right.
INJURY
hurt, loss or harm, which results from the injury.
DAMAGE
There can be damage without injury in those instances in which loss or harm was not the result of a violation of a legal right. In such cases, the consequences must be borne by the injured person alone; the law affords no remedy for damages resulting from an act that does not amount to a legal injury or wrong.
DAMNUM ABSQUE INJURIA
If a damage result from a person’s exercising his legal rights
DAMNUM ABSQUE INJURIA
pecuniary loss suffered by a part as he has duly proved.
ACTUAL DAMAGES
Includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. There is no hard and fast rule in the determination.
MORAL DAMAGES
When an act or omission causes physical injuries.
Where the defendant is guilty of intentional tort, moral damages may aptly recovered. This rule also applies, as afore stated, to contracts when breached by tort.
culpa aquiliana or quasi-delict
moral damages could be lawfully due when the accused is found guilty of physical injuries, lascivious acts, adultery concubinage, illegal or arbitrary detention, illegal arrest, illegal search or defamation. The term “analogous cases,” referred to in article 2219, following the ejusdem generis rule, must be held in similar to those expressly enumerated by the law.
culpa criminal
adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized and not for the purpose of indemnifying the plaintiff for any loss suffered by him.
NOMINAL DAMAGES
imposed for pecuniary loss but its amount cannot be provided with certainty.
TEMPERATE OR MODERATE DAMAGES
those agreed upon by parties in case of breach of contract.
LIQUIDATED DAMAGES
imposed, by way of example or correction for the public good.
EXEMPLARY OR CORRECTIVE DAMAGES
Means that one who voluntarily exposes himself to an obvious, known and appreciated danger assumes the risk of injury that may result therefrom.
DOCTRINE OF ASSUMPTION OF RISK
Encompasses all possible civil liability that a professional can incur as a result of professional acts.
PROFESSIONAL LIABILITY
simple means “performance” or the doing of an act.
Feasance
The performing of an act that is wholly wrongful and unlawful.
Malfeasance
Is the improper performance of some lawful act.
Misfeasance
Is the failure to do something that should have been done.
Nonfeasance
A tort liability. When applied to the dental profession is called malpractice.
Negligence
The doing of some act which a reasonable and prudent dentist would not do, or the failure to do some act which such a person should or would do.
Negligence
type of claim which a victim has available to him or her to redress a wrong committed by a dentist which has caused bodily harm.
DENTAL NEGLIGENCE
exists when the dentist-patient relationship has been established. That is, the patient has sought the assistance of the dentists, and the dentist has knowingly undertaken to provide the needed dental service. Dentists have a duty to use to treat a condition under the same circumstances.
Duty
Proof of dereliction, or proof of negligence of an obligation.
The breach of professional duties of skill and care, or their
improper performance.
Derelict (neglectful of obligation)
Causation which is divided into two inquiries; whether the actions in fact caused the harm and whether these were the proximate cause of the injury.
Direct cause
Injury results from want of due care or skill, dentist may be held answerable in damages for negligence.
Damages
in natural and continuous sequence, unbroken by an efficient intervening cause, produces injury and without
which the result would not have occurred of the injury.
PROXIMATE CAUSE
Are the boundaries by which the knowledge and skill levels of a dentist are determined.
STANDARDS OF PRACTICE
based on the assumption that a dentist is expected to use a reasonable level of skill, knowledge, and care that is possessed by the other dentists if similar education and background.
reasonable person rule
The written or verbal evidence given by a qualified expert in an area.
Expert witness
I.e., textbooks, journal articles, professional treatises, and
standards published by national organizations such as the
Philippine Dental Association, as well as agency policies and regulations, may be used.
Documentary evidence
“the thing or the transaction speaks for itself.”
DOCTRINE OF RES IPSALOQUITOR
Where the thing which cause the injury complained is shown to be under the management of the defendant or his servants and the accident is such as in ordinary course of things does not happen of those who have its management or control use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from or was caused by the defendant’s want or care.
DOCTRINE OF RES IPSALOQUITOR
Is not available in a malpractice suit if the only showing is that the desired result of an operation or treatment was not accomplished.
RES IPSALOQUITOR
If the dentist, after a prolonged treatment of a patient which normally produces alleviation of the condition, fails to investigate non-response may be held liable if in the exercise of the care and diligence he could have discovered the cause of non-response.
DOCTRINE OF CONTINUING NEGLIGENCE
Usually applied to foreign body cases, improper setting of broken bones, in the application of cast, and in wrongful diagnosis.
DOCTRINE OF CONTINUING NEGLIGENCE
Anyone who voluntarily assumes the risk of injury from a known danger, if injured, is barred from recovery.
DOCTRINE OF ASSUMPTION OF RISK
This is based upon a maxim “violent non fit injuria”, which means that a person who assents and injured is not regarded in law to be injured, predicted upon knowledge and consent.
DOCTRINE OF ASSUMPTION OF RISK
A dentist cannot be liable for negligence if the injury sustained by a patient is on account of unforeseen conditions.
DOCTRINE OF FORSEEABILITY
Extraordinary events not foreseeable or avoidable, events that could not be foreseen, or which, though foreseen are inevitable.
FORCE MAJEURE
An extraordinary natural event, without human intervention, that cannot be reasonably foreseen, avoided or prevented.
ACT OF GOD
Is an event which happens without any human agency or if happening through human agency, an event which under the circumstances is unusual to and not expected by the person to whom it happens.
ACCIDENT
an injury which happens by reason of some violence or casualty to be insured without his design, consent, or voluntary cooperation.
ACCIDENT
It provides that if an employee was injured on account of the negligence of his fellow employee, the employer cannot be held liable.
FELLOW SERVANT DOCTRINE
Any person who, in good faith, renders emergency medical care or assistance to an injured person at the scene of the accident or other emergency without the expectation of receiving or intending to receive compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such care or assistance
RESCUE DOCTRINE
does not constitute a duty to rescue, nevertheless, the duty to rescue where it exists may itself imply a shield from liability, for example, one may be held liable, under act 275 of the revised penal code, for abandonment of person in danger or abandonment of one’s own victim
good Samaritan law
Under the rule, the tortfeasors are joint and severally liable, meaning the plaintiff-patient can recover damages in full from either.
DEEP POCKET RULE
does not only include what a dentist did to cause harm but also a dentist’s failure to do something when he ought to.
Malpractice
