LEGAL RESPONSIBILITES OF DENTIST Flashcards
(28 cards)
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
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
Nature of Administrative Proceedings
ESSENTIAL REQUIREMENTS OF ADMINISTRATIVE DUE
PROCESS
- An opportunity to present his case and to adduce evidence
- Tribunal must consider the evidence presented
- The decision must be supported by itself
- The evidence must be substantial
- The decision must be rendered on the evidence presented
- The board or its judges must act impartially
- 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
Administrative charges against a public health worker shall be heard by a ____
committee
The committee shall submit its findings and recommendations
to the Secretary of Health within
thirty (30) days from the
termination of the hearings
Administrative Charges Vs. Public Health Worker:
Composition:
Provincial/city public health officer
representative of provincial public health workers
Supervisor of the district of the dentist
PDA representative
SAFEGUARDS IN DISCIPLINARY PROCEDURES
- The right to be informed, in writing, of the charges
- The right to full access to the evidence in the case
- 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
- The right to confront witnesses presented against him/her and summon witnesses in his/her behalf
- The right to appeal
- The right to reimbursement of reasonable expenses incurred in his/her defense in case of exoneration or dismissal of the charges
- Such other rights as will ensure fairness and impartiality during proceedings
GROUNDS FOR ADMINISTRATIVE PROCEEDINGS
- Conviction by a court of competent jurisdiction of any criminal
offense involving moral turpitude - Immoral or dishonorable conduct
- Insanity
- Fraud in the acquisition of the certificate of registration
- Gross negligence or incompetence in the practice of his
profession - Addiction to alcoholic beverages or to any habit-forming drugs
rendering him incompetent to practice his profession - False or extravagant or unethical advertisement wherein
other things than his name, profession, limitation of practice, office,
and home address are mentioned - Aiding or acting as a dummy of an unqualified or unregistered
person to practice dentistry - Violation of any provisions of the Philippine Dental Act of 2007,
the PRC Modernization Act of 2000, and their respective rules
and regulations - Conduct discreditable to the dental profession
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
then execution of decision unless
appealed; decision must support itself and must be rendered on the
evidence presented
Decision by the BOD
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, LID responsible for safekeeping of the surrendered
COR and PIC
Surrender of PRC/COR and PIC
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
DOCTRINE OF CONCLUSIVE FINALITY OF ADMINISTRATIVE
DECISIONS
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
ADMINISTRATIVE APPEAL AND REVIEW
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.
rules of procedures
5 judicial remedies
- certiorari
- prohibition
- mandamus
- preliminary injunction
- preliminary mandatory injunction
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
certiorari
