PRELIMS Flashcards
Rule of civil conduct prescribed by sovereign power or
enactments promulgated by the legislative authority of the
state
LAW
part of law; that specifies how the ideas of that law is
implemented
REGULATION
part of regulation; guideline or instruction for doing
something
rule
an order that does not have legal implication if not
followed; does not arise from a law
policy
translates to: Ignorance of the Law excuses no one
“ignorantia legis non excusat”
FOUR BASIC FUNCTIONS OF LAW IN A SOCIETY
To define relationships among members of a society and
to state which activities are permissible and which are not
permissible
2. To describe what force may be applied to maintain rules and
by whom it is applied
3. To provide solution to problems
4. To redefine relationships between persons and groups when
conditions of life change
FUNCTIONS OF LAW IN DENTISTRY
1.Establishes what are Legal Dental Actions- Provides a
framework for establishing what dental actions in the care of
patients are legal;
2. Prescribes Dentist’s responsibilities - It delineates the
dentist’s responsibilities from those of other health
practitioners;
3. Sets the boundaries of Dental Actions/Practices - It helps
to establish the boundaries of independent dental action;
4. Maintains the standard Dental practice - It assists in
maintaining a standard of de
SOURCES OF LAW
- STATUTORY LAW – laws that are passed by Congress;
originates from Bills written by Congress and senate - CONSTITUTIONAL LAW – this refers to rights, privileges,
and responsibilities that are stated in or are inferred from the
Philippine Constitution, including the Bill of Rights; all laws
should conform to the Constitutional Law - ADMINISTRATIVE LAW – the rules and rulings made by
administrative agencies that have been granted the
authority by statute to act in this manner ex. DepEd, DFA, BIR,
etc. - COMMON LAW – refers to the decisions made by judges in
court cases or established by rules of custom and tradition
laws that are passed by Congress;
originates from Bills written by Congress and senate
statutory law
this refers to rights, privileges,
and responsibilities that are stated in or are inferred from the
Philippine Constitution, including the Bill of Rights; all laws
should conform to the _______
constitutional law
the rules and rulings made by
administrative agencies that have been granted the
authority by statute to act in this manner ex. DepEd, DFA, BIR,
etc.
administrative law
refers to the decisions made by judges in
court cases or established by rules of custom and tradition
common law
the result of legal principle “stare
decisis”, which means that once an issue has been
decided all other cases concerning the same issue
should be decided the same way;
case law
CLASSIFICATION OF LAW
criminal law and civil law
The science which treats of the principles of positive law and
legal relations
Jurisprudence
It functions to ascertain the principles of which legal rules are
based, so as not only to classify those rules in proper order,
and show their relation in which they stand to one another, but also to settle the manner in which new or doubtful cases should be brought under the appropriate rules
Jurisprudence
“Therefore, Dental Jurisprudence comprises all laws, rules,
doctrines, and principles, legal opinions, and decisions of
competent authority regarding governance and regulation of
practice of dentistry
Dental Jurisprudence
It emphasizes the duties of the dental practitioner to his
patients and the regulations for the practice of dentistry as well as the relation of law to dental practice
Dental Jurisprudence
lifeblood of the government
tax
It is the act or process of making laws affecting the science,
art, and practice of dentistry
dental legislation
mainly tooth extraction; no recognized special
course or profession, no law nor any Royal Decree from Spain
governing the practice of dentistry
spanish times
dental profession received its professional status as a field of practice on August 2, 1899
american regime
The Board was reorganized through Public
Act No. 593 entitled “The Act of Regulation the Practice of
Dentistry in the Philippine Islands”
January 10, 1903
regulations for the examination of dentists and the practice of dentistry
February 5, 1915 - Act of 2462/3681
was amended by Act No. 2602, changing
the requirements for the qualification, appointment, and removal of the Board of Dental Examiners, qualification of candidates for the admission to the dental examination;
1916 – Act No. 2462
the board of dental examiners was placed under the Department of Public Instruction together with other medical-related boards
Public Act No. 4007 or Reorganization Law of 1932
created the first independent Dental Board of Examiners
1948 – Republic Act No. 546
the law was amended by RA No. 4419 also known as “The
Philippine Dental Act of 1965” - the Board was given the authority to issue, suspend, or revoke certificates of registration and also the power to administer oaths and oversee dental education requirements
June 19, 1965
“The Philippine Dental Act of 2007”
June 2, 2007
A more comprehensive regulation, control, and supervision of
the practice of dentistry, dental hygiene, and dental
technology in the Philippines; also provides licensure
examination and registration
RA 9484 - The Philippine Dental Act of 2007
the power of promoting the public welfare by restraining and regulating the use of liberty and property
Police Power
The sustained development of a reservoir of national talents
consisting of Filipino scientists, entrepreneurs, professionals,
managers, high-level technical manpower, and skilled workers
and craftsmen in all fields shall be promoted by the state
Constitutional Basis
The State shall encourage appropriate technology and regulate
its transfer for the national benefit
Constitutional Basis
T/F
The practice of all professions in the Philippines shall be limited to Filipino Citizens, save in cases prescribed by law; this
includes the practice of dentistry
TRUE
The practice of dentistry, the licensing and regulation of the
dental profession are governed by the Philippine Dental Act
of 2007
Statutory basis
T/F
Six men team incharge in lisencing dentists and Appointed by the President of the Philippines
FALSE
five
T/F
Appointment should not be recommended by the PDA
FALSE
should be recommended
This Act shall be known as “The Philippine Dental Act of 2007”.
Article I, Sec. 1
The State recognizes the importance of dentists, dental hygienists and dental technologists in nation-building. Hence, it shall develop and nurture competent, productive, morally-upright, and well rounded dentists, dental hygienists and dental technologists whose standards of professional practice and service shall be excellent, qualitative, world-class and internationally recognized, globally competitive through regulatory measures, programs and activities that foster their continuing professional development.
Article 1, Sec. 2
This Act provides for:
(a) The regulation, control, and supervision of the practice of dentistry, dental hygiene and dental technology
in the Philippines;
(b) The giving of licensure examination to graduates of recognized dental schools of dentistry, dental hygiene and dental technology for the purpose of registration;
(c) The accreditation of the various specialties of dentistry;
(d) The promotion and development of continuing dental education and research in the country;
(e) The enforcement of the Code of Ethics and Code of Dental Practice in the Philippines; and
(f) The stipulation of penalties for infractions or violations of this Act or any other laws, rules and regulations authorized under the provisions of this Act.
Article 1, Sec. 3
refers to a person who is a holder of a valid certificate of registration and professional identification card in Dentistry who renders dental service within the meaning and intent of this Law and who, for a fee, salary, compensation or reward, paid to him/her or through another, or even without such compensation or reward, performs any operation or part of an operation, upon the human oral cavity, jaws, teeth and surrounding tissues; prescribes drugs or medicines for the treatment of oral diseases or lesions, or prevents and or corrects malpositions of the teeth or implantation of artificial substitutes for lost teeth; and teaches subjects in the licensure examination; or engages in dental research: Provided, however, That this provision shall not apply to dental technologists engaged in the mechanical construction of artificial dentures or fixtures or other oral devices, as long as none of such procedures is done inside the mouth of the patient; nor shall this provision apply to students of dentistry undergoing practical training in a legally constituted dental school or college under the direction or supervision of a member of the faculty who is duly licensed to practice dentistry in the Philippines; or to registered dental hygienists who may be allowed to perform preventive oral hygiene procedures and other procedures or to dentistry graduates working as dental assistants to licensed and registered dentist authorized to practice dentistry in the Philippines who are engaged :in private practice: Provided, further, That these dentistry graduates work under their direct supervision.
Dentist
refers to a person who is a holder of a valid certificate of registration and professional identification card and has undergone a two year course in dental hygiene from a government recognized school under a college of dentistry and passing the prescribed board examination for dental hygienist, renders oral health promotion and preventive measures, performs scaling and polishing, oral examination, taking brief clinical history, taking radiograph, and giving oral health education to patients under the supervision of a licensed dentist.
Dental Hygienist
refers to a person who is a holder of a valid certificate of registration and professional identification card and who renders technical services such as mechanical construction of artificial denture and other oral devices under the supervision of a licensed dentist, and has finished a two year certificate course in dental technology from any government recognized school.
Dental Techonolist
There is hereby created a Professional Regulatory Board of Dentistry, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission (PRC) , hereinafter referred to as the Commission, composed of a chairman and four members who shall be appointed by the President of the Philippines from the recommendees chosen and ranked by the Commission from a list of nominees submitted by the accredited and integrated professional organization.
Article II, Sec. 5
The Board shall have the following powers and functions:
(a) Promulgate, administer and enforce rules and regulations necessary for carrying out the provisions of this
Act;
(b) Administer oaths in connection with the administration of this Act;
(c) Study the conditions affecting the practice of dentistry, dental hygiene and dental technology in the Philippines;
(d) Adopt or recommend such measures or discharge such duties, as may be deemed proper for the advancement of the profession and the vigorous enforcement of this Act;
(e) Ensure, in coordination with the Commission on Higher Education (CHED) , Technical Education and Skills Development Authority (TESDA) , the Accredited Professional Organization, and the Association of Dental Colleges, that all educational institutions offering dentistry, dental hygiene, and dental technology comply with the policies, standards and requirements of the course prescribed by the CHED or TESDA in the areas of curriculum, faculty, library, and facilities;
(f) Supervise and regulate the registration, licensure and practice of dentistry, dental hygiene and dental technology in the Philippines;
(g) Adopt an official seal of the Board;
(h) Issue, reinstate, suspend or revoke the certificate of registration and professional identification card or cancel special permits for the practice of dentistry, dental hygiene and dental technology;
(i) Prescribe and/or adopt a Code of Ethics and a Code of Dental Practice for the practice of dentistry, dental hygiene and dental technology;
(j) Prescribe guidelines and criteria in the Continuing Professional Education (CPE) program for dentistry, dental hygiene and dental technology;
(k) Hear or investigate any violation of this Act, its implementing rules and regulations, and the Code of Ethics for dentists as shall come to the knowledge of the Board and for this purpose, issue a subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith;
(l) Accredit various specialties, dental societies! organizations; and
(m) Perform such other powers and functions as it may deem necessary to carry out the objectives of this Act.
Article II, Sec. 6
The chairman and members of the Board shall, at the time of his/her appointment, possess the following qualifications:
(a) Be a natural-born citizen of the Philippines and a resident thereof;
(b) Be a duly registered dentist in the Philippines with a valid certificate of registration and professional identification card;
(c) Be a member of good standing of the accredited professional organization for the last five years: Provided, That a member of the Board may not qualify in any position, whether elective or appointive or serve as an officer of the accredited and integrated professional organization of dentists, dental hygienists, and dental technologists during his/her incumbency as such;
(d) Have at least ten (10) years of continuous experience as a dentist and preferably with three (3) years of teaching experience;
(e) Not be a member of the faculty of any school, college, or university where undergraduate and graduate courses in dentistry are taught and where dental hygiene and dental technology courses and review courses are offered, nor shall have, directly or indirectly, any pecuniary interest in such institution; and
(f) Not be connected in any capacity with any business enterprise, firm or company in the buying, selling or manufacture of dental goods, equipment, materials or supplies.
Sec. 7. Qualification of the Chairman and Members of the Board.
The chairman and the members of the Board shall serve for a term of three years from the date of their appointments and may be reappointed for another term. The member serving the last year of his term shall automatically become the chairman 0 the Board and shall not be able to succeed himselflherse1f immediately after the expiration of his/her term of office so that the term of one member shall be due to expire every year: Provided, however, That all appointments as chairman shall be approved by the President: Provided further, That an appointment for any existing vacancy or vacancies shall be made within one month from the time the vacancy occurred and shall be for the unexpired portion of the term only.
Sec. 8. Term of Office.
The chairman and members of the Board shall receive compensation and allowances comparable to that being received by the chairman and members of existing regulatory boards under the Commission as provided for in the annual General Appropriations Act.
Sec. 9. Compensation and Allowances of the Board.
Any member of the Board may, upon the recommendation of the Commission after due process of law and investigation conducted by the Commission, be suspended or removed by the President from office for cause such as neglect of duty, abuse of power, oppression, incompetence, unprofessional, unethical, immoral or dishonorable conduct, commission or toleration of irregularities in the conduct of examination or tampering of the grades therein, or for any final judgment or conviction of any criminal offense involving moral turpitude by the court after having been given the opportunity to defend himse1fl herself in a proper administrative investigation.
Sec. 10. Suspension and Removal from Office.
The secretary of the Board shall be appointed by the Commission subject to the provisions of existing laws and all records and minutes of the deliberation of proceedings of the Board and other confidential documents shall be kept under the direct custody of the Commission. The Commission shall provide the secretariat and other support services to implement the provisions of this Act.
Sec. 11. Supervision of the Board.
The Board shall, within sixty (60) days after the close of each fiscal year, prepare and submit an annual report to the Commission, giving a detailed account of the proceedings of the Board during the year, recommending measures to be adopted, with the end in view of upgrading and improving the conditions affecting the practice of Dentistry in the Philippines.
Sec. 12. Annual Report.
All applicants for registration for the practice of Dentistry, Dental Hygiene and Dental Technology shall be required to undergo a licensure examination to be given by the Board in such places and dates as the Commission may designate subject to the compliance with the requirements prescribed by the Commission in accordance with Republic Act No. 8981.
Sec. 13. Examination Required.
a) For Dentistry - An applicant for the licensure examination for dentists shall establish to the satisfaction of
the Board, that:
(1) he/she is a citizen of the Philippines, or if a foreigner, must prove that the country of which he/she is a subject or citizen permits Filipino dentists to practice within its territorial jurisdiction on the same basis as the subjects or citizens of such country;
(2) he/she has not been convicted of an offense involving moral turpitude;
(3) he/she is a graduate of a recognized and legally constituted university, college, school or institute with a degree of doctor of dental medicine or its equivalent; and
(4) he/she has completed the refresher course required after failing three consecutive licensure examinations.
Sec. 14. Qualification for Admission to the Licensure Examination. -
In order to be admitted to the licensure examination for dental hygienists, an applicant must at the time of filing his application thereof, establish to the satisfaction of the Board, that:
(1) he/she is a citizen of the Philippines;
(2) he/she possesses good moral character;
(3) he/she had finished the two years certificate in dental hygiene conferred by a recognized and legally constituted college, or school of dentistry registered with the TESDA; and
(4) he/she has completed the refresher course required after failing three consecutive licensure examinations.
For Dental Hygiene
(1) he/she is a citizen of the Philippines;
(2) he/she possesses good moral character;
(3) he/she had finished, the two years certificate in dental technology conferred by a recognized and legally constituted college, or school of dentistry registered with the TESDA;
(4) he/she has undergone on-the-job training in a registered/accredited dental laboratory for at least six months; and
(5) he/she has completed the refresher course required after failing three consecutive licensure examinations.
For Dental Technology
An examination shall be given to the licensure applicants for dentists, dental hygienists, and dental technologists, which shall include, but not limited to, the following:
Sec. 15. Scope of Examination
The licensure examination shall consist of both written and practical tests and in order to pass the examination, an examinee must obtain a general weighted average of at least seventy-five percent (75%) , with no rating below fifty percent (50%) in any subject.
Sec. 16. Ratings in the Examination
The Board shall submit to the Commission the ratings obtained by each candidate within twenty (20) days after the last day of examination unless extended for just cause.
Sec. 17. Report of the Results of the Examinations
All successful examinees and registrants without examination shall be required to take a professional oath before any member of the Board or any other person authorized by the Commission or by law before they start their practice.
Sec. 18. Oath
certificate of registration shall be issued to examinees who pass the licensure examination for dentistry subject to payment of fees prescribed by the Commission. The certificate of registration shall bear the signature of the chairperson of the Commission and the chairman and members of the Board stamped with the official seal of the Board and the Commission, indicating that the person named therein is entitled to practice the profession with all the benefits and privileges appurtenant thereto. The certificate of registration shall, remain in force and effect until revoked or suspended in accordance with this Act.
Sec. 19. Issuance of the Certificate of Registration and Professional Identification Card.
Every applicant to the licensure examination for dentistry shall pay an examination fee and a registration fee as determined and fixed by the Commission.
Sec. 20. Fees for Examination and Registration.
The Board shall refuse to issue a certificate of registration to any successful examinee or to any examinee registered without examination who has been convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude or has been found guilty of immoral or dishonorable conduct after investigation by the Board, or has been declared to be of unsound mind. The reason for the refusal shall be set forth in writing.
Sec. 21. Refusal to Issue Certificates far Certain Causes.
The Board shall have the power to recommend the nullification or suspension of the validity of the certificate of registration and professional identification card of a dentist, dental technologist and dental hygienist or the cancellation of a temporary/special permit for any of the causes mentioned in the preceding section, or for:
(a) Unprofessional and unethical conduct;
(b) Malpractice;
(c) Incompetence, serious ignorance or negligence in the practice of dentistry, dental hygiene, and dental technology;
(d) Willful destruction or mutilation of a natural tooth of a patient with the deliberate purpose of substituting the same by an unnecessary or unessential artificial tooth;
(e) For making use of fraud, deceitful or false statement to obtain a certificate of registration;
(f) For alcoholism or drug addiction causing him/her to become incompetent to practice dentistry, dental hygiene and dental technology;
(g) For the employment of persons who are not duly authorized to do the work which, under this Act, can only be done by persons who have certificates of registration to practice dentistry, dental hygiene and dental technology in the Philippines;
(h) For the employment of deceit or any form of fraud with the public in general or some clients in particular for the purpose of extending his/her clientele;
(i) For making false advertisements, publishing or circulating fraudulent or deceitful allegations regarding his/her professional attainment, skill or knowledge, or methods of treatment employed by him; and
(j) Utter disregard and continuous violation of any of the provisions of this Act: Provided That the action of the Board in the exercise of this power shall be appealable to the Commission.
Sec. 22. Revocation or Suspension of Certificate of Registration and Professional Identification Card and Cancellation of Temporary/Special Permit
Two years after the date of revocation, the Board may, upon application and for reasons deemed proper and sufficient, reinstate any revoked certificate of registration and reissue a professional identification card; and :in so doing, the Board may, in its discretion, exempt the applicant from taking another examination.
Sec. 23. Reinstatement Reissuance or Replacement of Certificate of Registration and Professional Identification Card.
Certificates of Registration shall not be required of: (a) commissioned dental officers of the army, navy and air force of any foreign country whose operations in the Philippines are permitted by the government while rendering dental service as such for the members of said forces only; and (b) of dentist and oral surgeons from other countries who are invited for consultation, demonstrations, medical missions or under an exchange visitor program as a member of a teaching faculty: Provided, That in such cases their work shall be limited to the specific- task assigned to them, and; Provided, further, That a special permit has been previously granted by the Board and the Commission stating therein the duration of such permit: Provided furthermore, That the Board may designate the accredited professional organization, through its constituent chapters and affiliates, to monitor such activities.
Sec. 24. Issuance of Special/Temporary Permit to Foreigners.
The Board of Dentistry is an
Administrative Agency
Is an organization of government, which affects the rights of
private parties through wither adjudication or rule-making
Administrative agency
The BOD is created by R.A. 9484 to regulate the practice of
dentistry in the Philippines.
Administrative agency
The BOD, under the administrative control and supervision of
the PRC.
Composition (Sec. 5, Art. II)
Appointed by the PRC
Secretary of the board of dentistry
Vacancy in the position of the Chairman of the Board of
Dentistry – the PRC shall select a nominee from among the
incumbent members of the Board of Dentistry for
recommendation to _______
appointment as chairman
______ of the Philippines and a resident thereof;
Natural-born citizen
Have at least (___) years of continuous experience as a
dentist and preferably with (____) years of teaching
experience
10 - 3
The chairman and the members of the Board shall serve for a
term of three years from the date of their appointments and;
- may be reappointed for another term.
TERMS OF OFFICE (Sec. 8, Art. II)
Any chairman or member of the Professional Regulatory Board
whose term would expire but who has served less tha half of
his term of office as prescribed by law may be recommended
for reappointment if he has shown exemplary record or
performance.
Reappointment of the Chairman or Member
Power and Function
Sec. 6
Supervision of the Board
Sec. 11
Annual Report
Sec. 12
Is defined as the act of baseness, vileness, or depravity in the
private and soial duties which a man owes his fellowmen, or to
society in general, contrary to the accepted and customary rule
of right and duty between man and man
Moral Turpitude
Act or behavior that gravely violates moral sentiment or
accepted moral standards of community and is a morally
culpable quality held to be present in some criminal offenses as distinguished from others.
Moral turpitude
It is the quality of a crime involving grave infringement of the
moral sentiment of the community as distinguished from
statutory mala prohibita. It is considered as encompassing
“everything which is done contrary to justice, honesty or
good morals”.
Moral Turpitude
Requiring foreign professionals who intends to practice a
profession in the Philippines to file an application for
registration with or without licensure examination or to secure
a special temporary permit from the PRB and the commission.
PRC Res. No. 2012-668, June 21, 2012
(Under Reciprocity or International Agreement)
will only be allowed to take the examinations if there
is a proof of reciprocity between the Philippines and the country of the foreigner.
Foreigner
a political and economic organization of Ten (10)
SouthEast Asian countries. It was formed on August 8,1967 by
Indonesia, Malaysia, Philippines, Singapore, and Thailand.
Since them, membership has expanded to include Brunei,
Cambodia, Laos, Myanmar (Burma) and Vietnam.
ASEAN
People’s Republic of China, Japan, South
Korea.
ASEAN plus 3
The constitution allowas joint military exercises, such as the
__________ consisting of Medical and Dental Civil Action Programs (MEDCAPs) where commissioned medical and dental officers of the United States Armed Forces perfom acts of practice of medicine and dentistry here in the Philippines without any certificate of registration, or evem approval from the Board of Medicine and the Board of Dentistr.
Balikatan Exercises
Refers to any drug which produces insensibility, stupor,
melancholy or dullness of mind with delusions, and which may
be by habit forming.
Narcotics
Refers to either prohibited drugs or regulated drugs which
require a special prescription form, the use of which is
monitored by the Dangerous Drugs Board.
Dangerous Drugs
Includes opium and its active components and derivatives,
such as heroin and morphine
Prohibited Drugs
profession for one year or longer at the discretion of the
count
Regulated Drug
The written instrument enacted by direct action of the people
by which the fundamental powers of the government are
established, limited and defined, and by which those powers
are distributed among the several departments for their safe
and useful exercise for the benefit of the body politic
Constitution
The author is the sovereign Filipino people
Constitution
everyone has equal rights, and all people
must be involved through a representative
Democracy
ruled by representatives of the citizen
body
republican
resides in the people and all government
authority emanates from them
sovereighnity
a community of persons, more or less numerous,
permanently occupying a fixed territory, and possessed of
an independent government organized for political ends to
which the great body of inhabitants render habitual obedience
state
Headed by the President of the Republic of the Philippines
Executive Branch
Highest official is the Senate President
Legislative branch
has the highest appointing power in the
Philippines, appointing several different positions in the
government
President - Executive branch
Functions to make laws, amend laws, etc.
Legislative branch
includes judges in the Court;
Judicial Branch
Chief Justice is the highest position judge
Judicial Branch
also functions to control the laws suggested by the Legislative
Branch
judicial branch
Philippine Territory extends______ nautical miles from the
exclusive territory of the Philippines
200
The national territory comprises the __________,
with all the islands and waters embraced therein, and all
other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form
Philippine Archipelago
inherent power of the State of promoting the
public welfare by restraining and regulating the use of liberty
and property
Police Power
he inherent power of the State
to acquire private property for public use upon payment of just
compensation
Power of Eminent Domain
the inherent power of the State to
demand and enforce contributions for public purpose/s
Power of Taxation
no person shall be deprived of life, liberty, or property without
due process of law
DUE PROCESS
Is composed of rights generally enjoyed by every citizen as
provided in the Constitution:
THE BILL OF RIGHTS
opportunity given to have the right to answer, explain yourself,
etc., before conviction/penalty
DUE PROCESS
relates chiefly to the mode of procedure
which government agencies must follow in the
enforcement and application of laws
Procedural - Due Process
No person shall be denied the equal protection of the laws
EQUAL PROTECTION
requires that the law itself is fair,
reasonable, and just
Substantive - DUE PROCESS
Right to have equal access to the law and with equal protection
by the law
EQUAL PROTECTION
Right to have equal access to the law and with equal protection
by the law
EQUAL PROTECTION
The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable
SEARCH AND SEIZURE
No law shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the people peaceably
to assemble and petition the government for redress of
grievances
FREEDOM OF SPEECH AND EXPRESSION
The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public
safety or order requires otherwise, as prescribed by law
PRIVACY OF COMMUNICATION AND CORRESPONDENCE
The liberty of abode and of changing the same shall not be
impaired except upon lawful order of the court
LIBERTY OF ABODE AND TRAVEL
Government cannot search or frisk/seize a person without a
search warrant or a warrant of arrest
SEARCH AND SEIZURE
The right of the people to information on matters of public
concern shall be recognized
RIGHT TO INFORMATION
You can live in the place where you desire
LIBERTY OF ABODE AND TRAVEL
The right to form unions, associations, or societies for
purposes not contrary to law shall not be abridged
RIGHT TO FORM ASSOCIATIONS
The right of the people to information on matters of public
concern shall be recognized
RIGHT TO INFORMATION
T or F
government employees have no right to strike unlike their private counterparts
TRUE
private property shall not be taken for public use without just
compensation
RIGHT TO COMPENSATION IN EXPROPRIATION CASES
– no law impairing the obligation
of contracts shall be passed
. THE IMPAIRMENT CLAUSE
free access to the courts and
quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty
FREE ACCCESS TO COURTS
Any person under investigation for the commission of an
offense shall have the right to be informed of his right to
remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with
one
MIRANDA RIGHTS
This constitutional right extends only testimonial compulsion
and no when the body of the accused is proposed to be
examined as in paraffin testing
MIRANDA RIGHTS
Which of the following is not correct?
The following are Citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the
adoption of the 1987 Constitution
2. Those whose fathers or mothers are citizens of the Philippines
3. Those born before January 17, 1975, of Filipino mothers, who
elect Philippine citizenship upon reaching the age of majority
4. Those who are naturalized in accordance with law
3 - Those born before January 17, 1974 dapat
citizenship granted at birth
Birthright Citizenship
Literally means the right of blood
Doctrine of Jus Sanguinis
Doctrine adapted in the Philippines
Doctrine of Jus Sanguinis
Some countries give citizenship to people born in their
country, even if not a citizen by blood
Doctrine of Jus Soli
The law of the place of birth
Doctrine of Jus Soli
a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of
one or both parents
Doctrine of Jus Sanguinis
The offer is exercised only after death; therefore, the donors
should reveal their intentions to as many of their relatives and
friends as possible, and to their physician
ORGAN DONATION ACT OF 1991
n act of liberality whereby a person disposes gratuitously
of a thing or right in favor of another, who accepts it
Donation
T or F
Since the human body or its parts are not commodities in
commerce, no money can be exchanged in making anatomical
donation
T
donations which are to take effect
upon the death of the donor partake of the nature of
testamentary provisions
Donations Mortis Causa
shall be governed by the
general provisions on contracts and obligations
Donations Inter Vivos
May be made orally or in writing
Donations of Personal Property
An oral donation requires the simultaneous delivery of the
things or of the document representing the right donated
Donations of Personal Property
Must be made in a public document to be valid
Donations of Real Property
Must be accepted during the lifetime of the donor
Donations of Real Property
an instrument or document when a person is permitted, with
the formalities prescribed by the law, to control to a certain
degree the disposition of his estate, to take effect after his
death.
Will
voluntary; implications should be
understood
Free and Intelligent
not mandatory
Purely personal
can be altered and can be
withdrawn
. Revocable and Ambulatory
referring to the awareness that death is
approaching; “deathbed gift”
Mortis Causa
an intention to make a
testament or will
Executed with Animus Testandi
All persons who are not
expressly prohibited by law may make a will, 18 years old and
above, should not be insane
Executed with Testamentary Capacity -
the recipient of the testator’s property should not
know they are going to receive something
Unilateral
donation or transfer of
properties from the author of the will to other people
Dispositive of Property only
must be in accordance with law
. Statutory
the act of giving or leaving something by will; only
personal property, not real property
Bequest
a gift by will of real property, such as a house
Devise
recipient of a devise; a person to whom real estate is
left by the terms of a will.
Devisee
a person or institution appointed by a testator to
carry out the terms of their will.
Executor
a testamentary gift of personal property or more
commonly money, from a deceased individual through a will
Legacy
an individual who receives a portion of a testator’s
estate, or rather the individual that receives a legacy
Legatee
is any portion of the testator’s estate that is
not specifically devised to someone in the will, or any property that
is part of such a specific devise that fails
Residuary Estate
- a term that is generally used in the law governing
estates and trusts, in reference to a person who has died.
Decedents have rights that continue after their death and the
authority to take certain actions/make certain decisions through
third-party representatives.
Decedent
- a person who has written and executed a last will and
testament that is in effect at the time of their death
Testator -
the capacity to comprehend the nature of the transaction
in which the testator is engaged in at the time, to recollect the
property to be disposed of and the persons who would
naturally be supposed to have claims upon the testator, and
to comprehend the manner in which the instrument will
distribute the property among the object of his bounty
Testamentary Capacity
Property received through a last will and testament
Testamentary Succession
Property received not through a will
Inheritance
Every other will that is not entirely written, dated, and signed
by the testator is considered a _____
Notarial Will
one which is written, dated, and signed
entirely by the hand of the testator. As such, these are
more straightforward to execute compared to notarial wills.
Does not require any witnesses in order to be executed.
Holographic Will
An oral will is a will that has been delivered orally to
witnesses, as opposed to the usual form of wills, which is
written and according to a proper format
− No longer applicable/accepted
Nuncupative Will
