LEGAL RESPONSIBILITES OF DENTIST

Question 1

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

Answer 1

Administrative Adjudicatory or Quasi-Judicial Power

Question 2

 Has a quality resembling that of judicial proceeding
 Proceedings before the PRC and the PRBs, like the Board of Dentistry, are all in the nature of quasi-judicial proceedings

Answer 2

Nature of Administrative Proceedings

Question 3

ESSENTIAL REQUIREMENTS OF ADMINISTRATIVE DUE
PROCESS

Answer 3

1. An opportunity to present his case and to adduce evidence
2. Tribunal must consider the evidence presented
3. The decision must be supported by itself
4. The evidence must be substantial
5. The decision must be rendered on the evidence presented
6. The board or its judges must act impartially
7. The decision must be rendered in such a manner that the parties to the proceedings will know the various issues involved, and the reasons for the decision rendered

Question 4

Administrative charges against a public health worker shall be heard by a ____

Answer 4

committee

Question 5

The committee shall submit its findings and recommendations
to the Secretary of Health within

Answer 5

thirty (30) days from the
termination of the hearings

Question 6

Administrative Charges Vs. Public Health Worker:
Composition:

Answer 6

Provincial/city public health officer
 representative of provincial public health workers
 Supervisor of the district of the dentist
 PDA representative

Question 7

SAFEGUARDS IN DISCIPLINARY PROCEDURES

Answer 7

1. The right to be informed, in writing, of the charges
2. The right to full access to the evidence in the case
3. The right to defend himself/herself, to be defended by a representative of his/her choice, adequate time given to the public health worker for the preparation of his/her defense
4. The right to confront witnesses presented against him/her and summon witnesses in his/her behalf
5. The right to appeal
6. The right to reimbursement of reasonable expenses incurred in his/her defense in case of exoneration or dismissal of the charges
7. Such other rights as will ensure fairness and impartiality during proceedings

Question 8

GROUNDS FOR ADMINISTRATIVE PROCEEDINGS

Answer 8

1. Conviction by a court of competent jurisdiction of any criminal
   offense involving moral turpitude
2. Immoral or dishonorable conduct
3. Insanity
4. Fraud in the acquisition of the certificate of registration
5. Gross negligence or incompetence in the practice of his
   profession
6. Addiction to alcoholic beverages or to any habit-forming drugs
   rendering him incompetent to practice his profession
7. False or extravagant or unethical advertisement wherein
   other things than his name, profession, limitation of practice, office,
   and home address are mentioned
8. Aiding or acting as a dummy of an unqualified or unregistered
   person to practice dentistry
9. Violation of any provisions of the Philippine Dental Act of 2007,
   the PRC Modernization Act of 2000, and their respective rules
   and regulations
10. Conduct discreditable to the dental profession

Question 9

verified with certification against forum shopping

Answer 9

Complaint

Question 10

• submitting numerous same complaints
  against the same dentist/practitioner; illegal and may be
  discredited

Answer 10

Forum Shopping

Question 11

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

Answer 11

Summons

Question 12

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

Answer 12

Answers

Question 13

presentation of documents submitted of
both parties in the presence of their lawyers

Answer 13

Pre-Trial Conference

Question 14

depending on the pretrial conference

Answer 14

Summary Judgement or go to Trial

Question 15

then execution of decision unless
appealed; decision must support itself and must be rendered on the
evidence presented

Answer 15

Decision by the BOD

Question 16

done when you
are not satisfied with the decision of the Board of Dentistry

Answer 16

Appeal to the Commission (Sec. 6, Rule XVI)

Question 17

done when you
are not satisfied with the decision of the PRC

Answer 17

Appeal to Court of Appeals (Sec. 8, Rule XVI)

Question 18

• 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

Answer 18

Legal and Investigation Division (LID)

Question 19

for penalty of suspension or
revocation, LID responsible for safekeeping of the surrendered
COR and PIC

Answer 19

Surrender of PRC/COR and PIC

Question 20

 The principle long upheld by it that administrative findings of
fact that are supported by substantial evidence must be treated
by courts as final
 This follows a trend in modern legislation known as the doctrine
of conclusive finality, 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

Answer 20

DOCTRINE OF CONCLUSIVE FINALITY OF ADMINISTRATIVE
DECISIONS

Question 21

Independently of statutory authority, the President, as the
administrative head, and under his constitutional power of control
of executive department, bureaus and offices, on his motion or
on appeal of some individual who might deem himself aggrieved
by the action of an administrative official exercise his power of
revision

Answer 21

ADMINISTRATIVE APPEAL AND REVIEW

Question 22

is a general rule that administrative agencies unrestricted by the technical and formal rules of procedures of court because the atmosphere of the administrative tribunals maybe one of expeditiousness, expertness or liberally conceive remedies.

Answer 22

rules of procedures

Question 23

5 judicial remedies

Answer 23

1. certiorari
2. prohibition
3. mandamus
4. preliminary injunction
5. preliminary mandatory injunction

Question 24

judgement be rendered annulling or modifying the proceedings, of such tribunals, board or officer, and granting such incidental reliefs as law and justice may require

Answer 24

certiorari

Question 25

judgement be rendered commanding the respondent to desist from further proceeding in the action or matter specifies therein, or otherwise granting such incidental reliefs as law and justice may require

Answer 25

prohibition

Question 26

judgement be rendered commanding the respondent, immediately or at some other time to be specified by the court to do the act required to be done to protect the rights of the petitioner by reason of the wrongful acts of the respondent

Answer 26

mandamus

Question 27

it is an order granted at any stage of an action or proceeding prior to the judgement or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts

Answer 27

preliminary injunction

Question 28

it is an order granted at any stage of an action or proceeding prior to the judgement or final order, requiring a party or a court, agency or a person to perform from a particular act or acts

Answer 28

preliminary mandatory injunction