LAW - refers to rule of civil conduct prescribed by

sovereign power or enactments

promulgated by legislative authority of the

state

Sources:

• STATUTORY- law passed by congress

• CONSTITUTIONAL –rights, privileges, and

responsibilities stated in or inferred from

the Phil. Constitution

• ADMINISTRATIVE –rules and rulings made by

administrative agencies that have been

granted the authority by statute to act in

this manner

• COMMON LAW –decisions made by the judges in

court cases or established by rules of

custom and tradition

• JURISPRUDENCE - Science which has for its function

to ascertain the principle of which

legal rules are based.

• Dental jurisprudence- Comprises of all laws, rules,

doctrine and principles, legal opinions

and decisions of competent authority

regarding governance and regulations

of practice of practice of dentistry.

Sources of DJ:

• Consti

• Dental laws

• IRR/COE/Reso/Decisions of court

• Etc.

•Act No. 593 (1903) - First law regulating the

practice of dentistry in the Phil.

•Act No. 2462 (Feb 5, 1915) – Second Dental Law

•Act No. 2602 (1916) – changes the requirements

for the qualification, appointment

& removal of BDE & candidates for

admission in dentist examination

•Act No. 3680 - establishes reciprocity

•Act No. 3681 - eliminate age requirement

• R. A. 417 (June 18, 1949) 4th Dental Law

• R. A. 4419 (June 19, 1965) - The Philippine

Dental Act of 1965

• R.A. 768 – AN ACT TO REGULATE TO REGULATE

THE PRACTICE OF DENTAL HYGIENISTS IN

THE PHIL. AND FOR OTHER PURPOSES

• R. A. NO. 9484 –Dental Act of 2007 approved into

law by the President on JUNE 02, 2007.

It consists of 6 – Articles 40 - Sections

R. A. 9165 – Comprehensive Dangerous Drugs

Act of 2002

R. A. 6675 – Generic Act of 1988

R. A. 7170 – Organ Donation Act of 1991

(January 7, 1992)

PD 223 – PRC Act (June 22, 1973)

RA 8981 – PRC Modernization Act (Dec. 5, 2000)

OTHER RELEVANT LAWS

• Taxation – Enforced contributions in money exacted

pursuant to law for the purpose of raising

revenues to be used for public or gov’t purposes

• Eminent Domain – Right of the state to (i) property for (ii)

public use upon (iii) payment of just comp.

• Police Power – Power vested with the legislature to

enact reasonable laws that shall promote

the general welfare of the people

BASIS OF PP:

Salus populi est suprema lex -The welfare of the

people is the supreme law

Sic utere tu et alienum non leadas – So use your own

property so as not to impair another

• Ignorantia legis non excusat – Ignorance of

the law excuses no one from

compliance therewith (Sec. 3, Civil Code)

• PRECEPTORSHIP – refers to training program

in any of the six specialties in dentistry

and integration of knowledge and skills

in a particular discipline which should

be university-based or hospital based

run by specialist/s who have undergone

extensive training or obtained a degree

in an accredited dental university (BOD

RESO NO. 16, S.2008 - Guidelines on

preceptorship programs offered and

operated by dentists

BOARD OF DENTISTRY

• Composition: Five (5) members (Sec. 5 RA 9484)

• Term of Office: 3 years (Sec. 8, RA 9484)

• Chairman - subject to approval by the President

• Vacancy must be filled up within one (1) month from

the time of vacancy - the new appointee shall serve

only the unexpired term of the member that caused

the vacancy

TERM OF OFFICE –refers to the period a member

can lawfully hold the office or position

TENURE OF OFFICE – period where a member

actually holds office or position

QUALIFICATIONS OF MEMBER OF BOD (S.7 RA9484):

Natural born FC and resident thereof

Duly registered dentist With valid CR and PIC

At least 10 years continuous experience as dentist

and preferably with 3 yrs. Teaching experience

Member of good standing of PDA/ bonafide

association of 5 years

Not a Faculty member of SCU where dentistry is

taught or has pecuniary interest thereat

Not Connected in any capacity with an entity engaged

in B/S/M of dental GEMS

Additional criteria: (a)Proven Leadership qualities (b)

Professional Competence (c) Integrity and strong

commitment to the profession (d) Must have time

and Capacity to perform his duties (ICIC)

PROFESSIONAL REGULATION COMMISSION (PRC)

an administrative and regulatory agency or

a three-man commission attached to the OP

Arch. Eric C. Nubla – 1st

PRC Commissioner

Antonieta F. Ibe – 1st

Lady PRC Chairperson

ATTY. TERESITA MANZALA – present Chairperson

of PRC

THREE (3) MAJOR POWERS OF PRC:

1. ADMINISTRATIVE –power to administer, implement

and enforce the regulatory policies of national

gov’t with respect to the regulation and licensing

of various professionals

2. QUASI-LEGISLATIVE – power to formulate such

rules and regulations as may be necessary to

effectively implement policies with respect to the

regulation and practice of profession

3. QUASI-JUDICIAL – power to investigate and decide

administrative matter; issue summons and

subpoena; and investigate motu proprio

• Previously called the Office of the

Boards of Examiners

• Presidential Decree (P.D.) No. 223 dated

June 22, 1973, signed by then President

Ferdinand E. Marcos - the law that

created PRC.

The PRC became operational on January 4, 1974.

IRR of P.D. No. 223 was promulgated on December 9, 1974.

Under P.D. 223, PRC standardized 33 professions

•R.A. 1080, as amended An Act Declaring the Bar and Board Examinations as Civil Service Examinations (August 1976)

PRC entered into an agreement with the Civil Service Commission to register all board examination passers as civil service eligibles

•Letter of Instruction No. 567 (1977)

the PRC started issuing registration cards valid for 3 years

•Executive Order No. 200 (1992)

Atty. Hermogenes P. Pobre assumed office as Commissioner was issued institutionalizing partial computerization for all licensure examinations

•R. A. 8981 “PRC Modernization Act of 2000” was approved on December 5, 2000

• IRR of R.A. 8981 was approved on February 15, 2001

STRUCTURE

PRC supervises

43 professional regulatory boards (PRBs),

Extends technical, legal, and administrative support to the PRBs.

Note: The members of the PRBs, all presidential appointees, in turn regulate the professions under their jurisdiction.

PRC has 4 stakeholders:

the 80 million Filipinos,

the 43 accredited professional organizations and 2.3 million Filipino professional,

the 43 Professional Regulatory Boards, and

the 484 PRC employees.

PRC has 3 major operating offices:

1. Licensure Office

2. Regulation Office

3. Office Financial and Administrative Services

Licensure Office

• Application Division.

Assessment and evaluation of qualification of applicants LE;

Assists the PRB’s pre-qualification of applicants prior to

admission in the examination

• Examination Division.

Administration and supervision of the conduct of licensure

examinations.

• Rating Division.

Processing examination results;

Correction and rating of examination answer and the

eventual release of examination results.

• Educational Statistics Task Force.

Collection and processing of statistical data relative to the

performance of schools in licensure examination and the

interpretation of the results thereof.

Regulations Office

• Registration Division.

Registration of successful examinees;

responsible for the maintenance of the registry of

registered professionals.

• Legal Division.

Investigating complaints and/or cases against registered

professionals or applicants in licensure examinations,

hear and adjudicate the same.

• Standards and Inspection Division.

Implementing professional standards of the various

professional regulatory boards

Monitoring compliance of PRBs.

Office of Financial and Administrative Services

SUMMONS – a written notification to that a case was filed

against him and require to appear in court

and file answer (issued to R or D in a case)

SUBPOENA – a writ directing or compelling a person to

appear or to bring relevant documents in a

particular investigation

TWO (2) KINDS OF SUBPOENA:

1. SUBPOENA AD TESTIFICANDUM – a written notice

compelling a person to appear and to testify

in a proceeding

2. SUBPOENA DUCES TECUM – a written notice

compelling a person to appear and to submit

documents in a proceeding

Admission Requirements for DBE (Sec. 14)

• Fil. Citizen or if a foreigner, subject to reciprocity

• Not convicted of an offense involving moral

turpitude.

• Graduate of recognized and legally constituted SCU

of Doctor of Dental or its equivalent.

• Completed refresher course (only those who failed 3

times)

Reciprocity - A reciprocal condition or relationship or

a mutual or cooperative interchange of favors

or privileges, especially the exchange of

rights or privileges of trade between nations.

PROFESSIONAL LIABILITY– encompasses all possible

civil liability that a professional can incur as

a result of a professional act

FEASANCE –performance or doing of an act

MALFEASANCE – wrongfully or unlawfully

performance of an act

MISFEASANCE – improper performance of a lawful

act

NONFEASANCE – failure to do something that

should have been don

NEGLIGENCE – is the omission (commission) to do something

which a reasonable and prudent man would do.

It implies a failure to apply a proper degree of diligence,

judgment, skill and care to the dental procedure in

accordance with the contemporary dental practice.

4D’S OF NEGLIGENCE

1. DUTY – it is required that dentist-patient relationship

must be established

2. DERELECT (Neglect of Duty/Obligation) – there must be

evidence of neglect of duty such as judgment

from a malpractice case

3. DIRECT CAUSE – it must be established whether the action

in fact cause the harm and it is the proximate

cause of the injury

4. DAMAGES – as a result of want of due case/skill there is an

injury/damage

Applicable doctrines in Negligence

1. REASONABLE PERSON/MAN RULE /STANDARD

-every man/human has a duty to act reasonably

2. CONTRIBUTORY NEGLIGENT RULE – if an individual

contributes to his injury, he is at fault, thus, does

not receive recovery

3. RESPONDENT SUPERIOR RULE – employers are

liable to their employee’s action

4. RES IPSA LOQUITOR – the thing/injury speaks for

itself

5. ASSUMPTION OF RISK – one who assumes the

risk of injury from a known danger, if injured, is

barred from recovery (INFORMED CONSENT RULE)

6. DOCTRINE OF FORESEEABILITY – a person cannot be

held liable for negligence if the injury sustained is

on account of unforeseen conditions (a. Acts of

God; b. Force Majeure; c. Accidents)

7. RESCUE DOCTRINE – any person, who in goodfaith,

renders emergency medical care/assistance to an

injured person at the scene of accident without

expecting compensation, as a rule, shall not be

held liable for any act or omission NOT

CONSTITUTING GROSS NEGLIGENCE

Dental Malpractice – is a form of professional

liability which refers to an act involving (1)

ignorance, negligence or unskillfulness

(2) resulting to injury/damage to the

patient.

• Bad unskillful practice by a physician or other

professionals whereby the health of the

patient is injured

• Failure to perform properly the duty which

results in some injury to the patient

Ordinary Skills - is the degree of skill required of

a Dentist.

Diligence of a good father of a family (Ordinary

Diligence) –

is the standard of care in dental practice

Extra-Ordinary Diligence –Standard of care required

to be observed by persons/entities engaged in

common carriers or holders of certificate of

public convenience

Crimes or Felonies

refers to acts or omission punishable by law.

It may be committed by means of deceit (dolo)

(act is performed with deliberate intent)

It may be committed by means of fault (culpa)

(resulting from imprudence, negligence, lack

of foresight, or lack of skill). Ex. Malpractice

Criminal Liability of a Dentist

THREE (3) KINDS OF PI

1. Serious Physical Injuries - Illness or incapacitated the

person for labor for more than 30 days

2. Less Serious PI - Incapacitated the person for labor of

10 days or more 30 days or Require medical

attendance for the same period

3. Slight PI - Incapacitated the person for labor from 1

day to 9 days or Require medical attendance for

the same period

• Reckless imprudence resulting in homicide –

No criminal intent but a patient dies through

imprudence or negligence of the dentist.

Civil Liability of a Dentist

Basis of liability

1.Every person criminally liable is also civilly liable

Art. 100 RPC)

2.Persons guilty of fraud, negligence or delay in the

performance of his obligations (1170, Civil Code)

3.When person, contrary to law, willfully or

negligently causes damages to another (Art. 20,

2176, Civil Code)

Not all acts causing damage to another creates a

cause of action under the Doctrine of Damnum

Absque Injuris/Injuria or “damage without

wrong”.

Obligation –

a juridical necessity to give, to do, or not to do

Sources:

• Law

• Contracts

• Quasi-contracts (a) Solution Indebiti –No one

should unjustly enrich himself at the expense

of the other (b) Negotiorum Gestio –arises

whenever a person voluntarily takes charge the

agency or management of the business or property

of another without any power or authority from the

latter

• Acts or omissions punished by law

• Quasi-delicts (no pre-existing contractual relation)

Contracts –

• Meeting of the minds between two persons

whereby one binds himself with respect to the

other, to give something, or to render service

Essential requisites (COC)

1.Consent of the contracting parties – Legal capacity

2.Object certain – which is the subject matter of the

contract

3.Cause or consideration -

Note:

A contract between a dentist and patient, to perform

an oral procedure is perfected by mere consent.

4 KINDS OF DEFECTIVE CONTRACT

1. Voidable Contract – Consent is vitiated thru MIVUF

2. Rescissible – entered by G where W suffer lesion ¼

3. Unenforceable – parties have no authority or

incapable to give consent

4. Void or Inexistent – object is contrary to law, moral,

PP, impossible service, outside the

commerce of men.

2 KINDS OF CONTRACT

1. Consensual Contract – Perfected by mere

consent

2. Real Contract – contract that requires the

execution of document and

delivery

Dental fees – pertains to the professional fees a

dentist ought to receive for the services rendered. ( Art.

I, Section 5, Code of Ethics)

With agreement – amount agreed upon shall be paid

provided it is reasonable

Without agreement – Principle of Quantum Merit will

be applied

•Value of the medicine/materials used

•Degree of benefit obtained by the patient

•Time consumed by the dentist

•Difficulty of operation

•Professional standing and skills of the

dentist

•Financial status of the patient

KINDS OF DF

SIMPLE CONTRACTUAL FEE – professional fee

agreed and entered into contractually by D an P

stipulating the nature of dental procedure to be

performed and the amount to be paid

RETAINER FEE – professional fee measured by

the space and time and not the quantity or

quality of dental services rendered.

CONTINGENT FEE – where D receives little or

no payment for his efforts until the result is

favourable

COMMISSION or FEE SPLITTING or

DICHOTOMOUS FEE – sharing fee with other D,

DH, DT not based on services performed

STRAIGHT or PACKAGE DEAL AGREEMENT -

Privilege Communications – information obtained

related to dental practice cannot be disclosed by a

dentist during trial without the patient’s consent

Elements:

1. Information was given by the patient for the

purpose of diagnosis.

2. Information was necessary to treat the patient.

3. The information would tend to blacken the character

of the patient

NOTE:

• The privilege can be waived only by (i) patient, (ii)

attorney or authorized representative.

• Death of the patient will not extinguish the privilege

Dental Ethics – Branch of moral law which treats the

conduct and obligation which a member of the dental

profession owes to his fellow professional, the public,

and his client

Duty to fellow professional –

when consulted in an emergency, attend only

to those leading to the emergency. Thereafter

refer back to the dentist on record

make corrective treatment to a faulty

management without unnecessary criticism

Not to use unfair means to gain professional

advancement or injure the opportunities of

another dentist

Duty to the Community –

to give his professional service to the best of his

abilities and to conduct himself in such a manner

as to hold his profession in high esteem

Duty to his Patient –

to protect their health, thus, shall not delegate

the performance of any service or operation

which requires his personal competence as

professional

Duty to the Profession –

to keep professionally fit (undergo CEP and

complete a minimum of 60 CDECU)

Note:

Dentist is duty bound to report all violations of dental

act, RR which comes to his knowledge to the

appropriate chapter

Report instances of gross and continual faulty

treatment of another dentist

Provide expert testimony whenever called to do so in

administrative, judicial, or legislative proceedings

Best Advertisement – is the best and honorable means

by which the dentist may make known and advance

his reputation for skill and competence in the practice

SOLE PROPRIETORSHIP – Solo Practice or an

individual who holds exclusive right and title to all

aspect of dental practice

ASSOCIATE PRACTICE – arrangement between 2

or more dentists to share office and employees

but commonly conduct their practices as SP

DENTAL GROUP PRACTICE – the provision of

health care services by a group of at least 3

licensed dental practitioners engages full-time in a

formally organized and legally constituted entity.

Forms of dental practice

PARTNERSHIP – by contract of partnership 2 or

more persons bind themselves to contribute

money, property or industry to a common

fund with the intention of dividing the

profits among themselves.

CORPORATION – artificial being created by

operation of law, having the right of

succession and the powers, attributes and

properties expressly authorized by law or

incident to its existence.