JURIS Flashcards

1
Q

ignorantia juris non excusat

A

Ignorance of the law excuses no man

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2
Q

branches of government

A

Legislative (enacts, amends, and repeals law), executive (implements the law), judiciary (interprets the law)

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3
Q

supreme law of the land

A

1987 Philippine Constitution

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4
Q

“The state shall protect and promote the right to health of the people and instill health consciousness among them.”

A

1987 Philippine Constitution
Art II (State Policies) Sec. 15

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5
Q

“The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.”

A

1987 Philippine Constitution
Art XII (State Policies) Sec. 14

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6
Q

powers of the state

A

Police power (for public welfare)
Power of eminent domain (for public use)
power of taxation (for public purposes)

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7
Q

Salus populi suprema lex est

A

welfare of the people is the highest law

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8
Q

Sic utere tuo ut alienum non laedas

A

So use your own so as not to injure that of another

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9
Q

Basis of police power

A

salus populi suprema lex est
Sic utere tuo ut alienum non laedas

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10
Q

Basis of power of eminent domain

A

Regalian Doctrine - all lands belong to the government

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11
Q

Basis of power of taxation

A

LIfeblood Doctrine - state cannot function without money (taxes)

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12
Q

refers to a moral power residing in a person of doing, possessing, or requiring something, which all other person are bound to respect

A

Right

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13
Q

prescribes means to be employed to enforce a right or redress a wrong inflicted upon a person

A

Remedial Law

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14
Q

juridical relations from commercial acts

A

commercial law

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15
Q

“Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements.”

A

1987 Constitution Article XIV Section 5

(considered police power)

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16
Q

Rights in rem vs rights in personam

A

rights in rem - against a thing (property rights)
rights in personam - against a person (personal rights)

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17
Q

regarded as first Filipino dentist

A

Jose Arevalo / Capitan Cheng-cheng

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18
Q

old terms for dentistry

A

sacamuelas or tooth pullers (Spanish regime)
cirujanos ministrantes / cirujano dentistas (UST)

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19
Q

he determined the fitness of those who were already practicing dentistry. Accordingly, examinations were given and licenses were issued

A

Major General Elwell Otis

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20
Q

first dental law

A

Act No. 593 (January 10, 1903)

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21
Q

considered to be the second step towards the maturation of dentistry in the Philippines into a profession

A

Act No. 593 (January 10, 1903)

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22
Q

act that provided for the organization of the Board of Dental Examiners

A

Act No. 593 (January 10, 1903)

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23
Q

when was the National Dental Association organized?
first president of the National Dental Association

A

Francisco Tecson

NDA (1924)

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24
Q

established the National Dental Review

A

Francisco Tecson with Eladio Aldecoa as editor

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25
Q

first act lengthening the dental course from three to four years

A

Act No. 3538

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26
Q

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

A

Act No. 3538

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27
Q

official organ of the Philippine Dental Association

A

Journal of the Philippine Dental Association

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28
Q

Republic Act which specifically provided for practical tests in the dental board examinations

A

RA No. 417 (signed by Elpidio Quirino)

H.B. 2783

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29
Q

Republic Act which imposed a two-year pre-dental course as admission requirement for the study of dentistry

A

RA No. 417 (signed by Elpidio Quirino)

H.B. 2783

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30
Q

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

A

RA No. 481 (Cong. Ricardo Y. Ladrido)

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31
Q

An act regulating the practice of dentistry in the Philippines

A

Act No. 593 (january 10, 1903)

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32
Q

Who appointed the 3 members of Board of Dental Examiners (Act No. 593)

A

Commissioner of Public Health
approved by Board of Health
Administrative Jurisdiction by Department of Interior

Term of Office: 3 years

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33
Q

When can the Commissioner of public health remove any member of the Board of Dental Examiners (Act No. 593)

A

with advice from Board of Health for the Philippine Islands for continued neglect of duty or incompetency
for unprofessional or dishonorable conduct

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34
Q

Qualifications for Board of Dental Examiners (Act No. 593)

A

Reputable practitioners
Dental gradutes recognized by National Association of Dental Faculties and Dental Examiners of US
Member of faculty is NOT ELIGIBLE

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35
Q

second Dental law

A

Act No. 2462 (Feb 5, 1915)

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36
Q

Ant act providing new regulations for the examination of dentists and practice of dentistry in the Philippines

A

Act No. 2462 (Feb 5, 1915) second dental law

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37
Q

who appoints the board of dental examiners (Act no. 2462)

A

Director of Health
recognized by Insular government

**Filipinos can be board members

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38
Q

Qualifications of Candidates to be Admitted to Examination (Act. 2462)

A

Good moral character
Diploma of Dental Medicine or Doctor of Dental Surgery (3 year course)
Passed a satisfactory exam before the board

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39
Q

third dental law

A

Act. No 2711 (March 10, 1917)

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40
Q

The revised administrative code of the Philippine Islands of 1917

A

Act No. 2711 (March 10, 1917)
third dental law

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41
Q

first comprehensive compilation of all dental laws

A

Act No. 2711 (March 10, 1917)
third dental law

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42
Q

1 year term of board of dental examiners

A

Act No. 2711 (March 10, 1917)
third dental law

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43
Q

reciprocity provision is stated where

A

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

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44
Q

amended Act No. 2711 (March 10, 1917)

A

Act No. 3538 (also lengthened the study of DDM from 3 to 4 years)

45
Q

Act for the creation of Department of Health and Public welfare

A

Commonwealth Act No. 430

46
Q

fourth dental law

A

RA No 417 (June 18, 1949)
fourth dental law

47
Q

An act to regulate the practice of Dentistry in the Philippines and for other purposes

A

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

48
Q

Which act stated that Board of Examiners shall be appointed by the President of the Philippines upon recommendation of Commissioner of Civil Service

A

RA No. 417 (June 18, 1949)
fourth dental law

49
Q

fifth dental law

A

RA No. 4419 (June 19, 1965)
fifth dental law

50
Q

The Philippine Dental act of 1965: An act to regulate the practice of Dentistry in the Philippines

A

RA No. 4419 (June 19, 1965)
fifth dental law

51
Q

act for the promotion and development of dental research

A

RA No. 4419 (June 19, 1965)
fifth dental law

52
Q

Board of Dental Examiners became the Board of Dentistry

A

RA No. 4419 (June 19, 1965)
fifth dental law

53
Q

increasing the members of Board of Dentistry from 3 to 5 and increasing the term from 3 years to 5 years

A

RA No. 4419 (June 19, 1965)
fifth dental law

54
Q

Appoints the Board of Dentistry (RA No. 4419)

A

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

55
Q

Qualification for Board of Dentistry (RA 4419 same with RA 9484)

A

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

56
Q

Amended RA 4419 of 1965

A

Presidential Decree No. 223 (June 22, 1973)
PRC shall submit and recommend to the President nominees
three-man commission
term: 9 years

57
Q

sixth dental law

A

RA 9484 (June 2, 2007)

58
Q

Philippine Dental Act

A

RA 9484 (June 2, 2007)

59
Q

Act to regulate the practice of dentistry, dental hygiene, and dental technology

A

RA 9484 (June 2, 2007)

60
Q

Act to regulate the practice of dental hygienist in the Philippines

A

RA 768

61
Q

Repealed RA 4419 and RA 768

A

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

62
Q

Continuing Professional Development Law of 2016

A

RA 10912
need 60 CPD points prior to renewal –> 45 units

63
Q

new implementing rules and regulations (IRR) from 45 units to 15 unit CPD every 3 years

A

RA 10912 resolution No. 2019-1146 (March 1, 2019)

64
Q

added prerequisite for practice of dentistry
- certificate of registration
- permanent residency in the Phil for at least 3 years

A

RA 4419 (June 19, 1965) -fifth dental law

65
Q

RPD exercise and Class II and FPD resolution

A

RPD exercise - Res. No. 111, 1987
Class II and FPD - Res. No. 34, 1989

66
Q

professional tax receipt is paid every ___ to the municipal hall

A

Jan 31

67
Q

income tax is paid every __ to the BIR

A

April 15

68
Q

Statement of Policy, Objectives and Scope of Practice

A

Article 1

of RA 9484

69
Q

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

A

Article 1 Sec 3
of RA 9484

70
Q

Definition and scope of practice (9484)

A

Article 1 Sec 4
of RA 9484

71
Q

Definition of dentist according to Article 1 Sec 4 of RA 9484

A

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

72
Q

definition of dental hygienist according to article 1 sec 4 of RA 9484

A

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

73
Q

definition of dental technologist according to article 1 sec 4 of RA 9484

A

COR, PRC ID
under supervision of licensed dnetist
2 year certificate course
mechanical reconstruction of artificial denture and other oral devices

74
Q

Article __: the Professional Regulatory BOard of Dentistry

A

Article II of RA 9484

75
Q

states the composition of the professional regulatory board of dentistry

A

Article II section 5 of 9484

76
Q

composition of board according to article II sec. 5 of 9484

A

supervised by PRC
chairperson and four members (5)
appointed by the president based on recommendees ranked by the PRC

77
Q

States the powers and functions of the board

A

Article II Sec 6 of RA 9484

78
Q

States the qualifications of the chairman and members of the board

A

Article II Sec 7 of RA 9484

79
Q

states the Term of Office of board of dentistry

A

Article II Sec 8
term of 3 years and may be reappointed
member serving the last year of appointment become the chairperson

80
Q

State the Supension and Removal of board members

A

Article II Sec 10
after due process

81
Q

Article __: Licensure Examination and Registration

A

Article III of RA 9484

Sec 13 - Examination Required

82
Q

states the Qualification for Admission for Dentistry, Dental Hygiene, Dental Technology

A

Article III Section 14

83
Q

states the Ratings in the Examination

A

Article III Sec 16
Gwa at least 75% with no rating below 50% in any subject

84
Q

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

A

Article III Sec 18

85
Q

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

A

Article III Sec 21

86
Q

states the revocation or suspension of certificate

A

Article III Sec 22

87
Q

when can a dentist reapply for reinstatement? according to ___?

A

done 2 years after the date of revocation
-may or may not be exempted from re-taking the boards
Article III Sec 23

88
Q

Special/Temporary permit are given to Foreigners who ___? (source?)

A

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

89
Q

Article __: Practice of Dentistry, Dental Hygiene and Dental Technology

A

Article IV of RA 9484

90
Q

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

A

Article IV Sec 28

91
Q

States the Continuing Professional Education

A

Article IV Sec 29

92
Q

who are exempted from CPE

A

person over the age of 65

93
Q

states that there is only one and only national organization recognized by the Board and accredited by the PRC

Inegration of Dental Professions

A

Article IV Sec 30

94
Q

States the Foreign Reciprocity

A

Aricle IV Sec 31

95
Q

regulatory body that accredits dental schools

A

CHED

96
Q

Article ___: penal provision and enforcement of the act

A

Article V

97
Q

Punishment according to article V

A

200,000 - 500,000 pesos
2 years and 1 day to 5 years of imprisonment

98
Q

When was the code of ethics approved? Who? Resolution?

A

July 17 2008
Chairperson Rosita Nisce
Board resolution no. 14, s. 2008

99
Q

A system of moral principals or values, the rules or standards governing the conduct of members of a profession

A

Ethics

100
Q

Res ipsa loquitor

A

The thing speaks for itself

101
Q

Quasi-contracts

A

Negotiorum gestio -management or inference with the business or affairs of another without authority
Solutio indebti -payment by mistake

102
Q

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

A

Mandamus

103
Q

Writ by which the government begins its action to recover an office or franchise from a person/corporation in possession of it

A

Quo warranto

104
Q

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

A

Prohibition

105
Q

Petition the court to review the decision, correct errors of jurisdiction

A

Certiorari

106
Q

Refers to the start-to-end period of a felony; things done; admissibility of hearsay evidence

A

Res gestae

107
Q

Rural health law under Pres. Magsaysay

A

RA 1082 (June 15, 1954) an act strengthening health and dental services in the rural areas and providing funds

108
Q

Declaring february of every year as national dental health month

A

Proclamation 559 under Pres. Arroyo

109
Q

Signed act authorizing the appropriation of funds as for the fluoridation of water supplies in the country

A

RA 3626 under Pres. macapagal