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