Legal responsibilities 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 ROCESS

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

Shall be heard by a committee

Answer 4

Administrative Charges Vs. Public Health Worker

Question 5

Administrative Charges Vs. Public Health Worker

Composition

Answer 5

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

Question 6

The committee shall submit its findings and recommendations to the Secretary of Health within ________ days from the
termination of the hearings

Answer 6

thirty (30)

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

RULES OF PROCEDURE AT THE PROFESSIONAL REGULATION
COMMISSION

Answer 9

• PRC Resolution No. 06-342, Series of 2006
• PRC Resolution No. 2013-775, Series of 2013
• Resolution No. 2017-1033(A), Series of 2017

Question 10

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

verified with certification against forum shopping

Answer 10

Complaint

Question 11

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

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

Answer 11

Forum Shopping

Question 12

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

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 12

Summons

Question 13

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

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 13

Answers

Question 14

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

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

Answer 14

Pre-Trial Conference

Question 15

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

depending on the pretrial conference

Answer 15

Summary Judgement or go to Trial

Question 16

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

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

Answer 16

Decision by the BOD

Question 17

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

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

Answer 17

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

Question 18

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

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

Answer 18

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

Question 19

EXECUTION OF DECISION

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 19

Legal and Investigation Division (LID)

Question 20

EXECUTION OF DECISION

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

Answer 20

Surrender of PRC/COR and PIC

Question 21

• 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 21

DOCTRINE OF CONCLUSIVE FINALITY OF ADMINISTRATIVE DECISIONS

Question 22

Independently ofofofof ssssstsstatutorytatutoryatutorytatutorytsstatutorytatutoryatutorytatutorssstsstatutorytatutoryatutorytatutorytsstatutorytatutoryatutorytatutory 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 22

ADMINISTRATIVE APPEAL AND REVIEW