legal+fundamentals+jul28

8/11/2019 legal+fundamentals+jUL28

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Maria Cleofe Gettie C. Sandoval, JDAteneo School of Medicine and Public Health

July 28, 2010

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Subject Objectives: Understand the policy framework including

the regulatory and legal bodies and politicalenvironment governing the practice of

medicine in the Philippines. Define the elements comprising the practice

of medicine Know the different rights, duties, liabilities

and responsibilities when physician-patientrelationship exists

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Comprehend the substantive andprocedural laws that affect the practice ofmedicine

Identify the doctrines relevant to medicalnegligence and the corresponding penaltiesthat doctors may be liable of.

Analyze laws and policies that affect thehealth providers

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Analyze and recommend relevant policies inthe different areas of the practice ofmedicine

Share views on existing laws and policieswith classmates

Appreciate the value of knowing policies,laws, regulations affecting health and thepractice of medicine

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Sources of class discussion:Medical Laws and Jurisprudence (maintextbook)

By Atty. Peter P. Ng, MD,PhD, FPAPDr. Philipp U. Po, MOH, DPCOM

2006 ed

Supreme Court decisions

Relevant laws

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Grading:

written exams: midterm and finals

class participation: recitation and group

participation paper/s

attendance

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Share a personal encounter/experience youmay have had the legal system (courts,enforcers, lawyers)

What do you know about the Philippinepolitical system (eg. form of government,

structure of government, powers/functions, composition)

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Medical Jurisprudence

legal aspect of medical practiceLegal fundamentals

Licensure and regulatory laws

Practice of medicine

Physician-patient relationship

Medical negligence

Remedial law aspects in the practice of medicine

Other related topics

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Understanding the policy and legalenvironment of the practice of medicine

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Branches of government:Legislative - legislative power shall be vested

in the Congress of the Philippines which shallconsist of a Senate and a House ofRepresentatives

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Powers:- authority to make, alter, repeal laws

- Act as sole judge of all contests relating to theelections, returns and qualifications of the

members of Congress- Be members of the Commission on Appointments

- Conduct legislative investigations

- Approve annual appropriations of government

- Declare the existence of a state of war

- Pass tax laws- Control expenditure of public funds

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Executive – executive power shall be vested inthe President

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Powers:- act as head of state, commander-in-chief- Exercise appointing power- Control all executive departments, bureaus,

offices- Ensure faithful execution of laws- Grant executive clemency- Enter into contracts or guarantee foreign loans

- exercise foreign relations powers- Address opening of regular session of

Congress

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Powers:- determine actual controversies arising

between adverse litigants duly instituted incourts of proper jurisdiction

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Separation of Powers and Checks andBalance:

Executive to Legislature:

- veto power- prepares proposed budget for the GeneralAppropriations Act

Executive to Judiciary:

- can grant executive clemency- appoints members of the Supreme Court

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Judiciary to Executive and Legislative

- declare laws unconstitutional

Legislative to Executive:

- override veto power by 2/3 vote- reject appointments thru Commission onAppointments

- revoke proclamation of martial law orsuspension of writ of habeas corpus

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Policy- A plan, course of action as of a government,

political party, or business, intended toinfluence and determine decisions, actions,and other matters

- Purposive course of action

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Health Policy a statement of a decision regarding a goal in

health care and a plan for achieving that goal.

In developing policies, identify the policyarea, issue, question, responses

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Policy Instruments- Financing (subsidies, donations, fees)

- governance (information, training)

- Regulation (licensing, accreditation)- Service delivery (provision, coverage in scope

and scale)

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Policy issuances may be:1. laws

Legislation – passed by Congress

Jurisprudence- cases decided by courts

2. Administrative orders – rules and regulationsissued by the administrative agencies

3. Statements/briefs

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Constitutional provisions on health:Sec 15, Article II. The State shall protect andpromote the right to health of the people andinstill health consciousness among them

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Sec. 11, Art XIII. The State shall adopt anintegrated and comprehensive approach to

health development

which shall endeavor tomake essential goods health and other

social services available to all the people at

affordable cost There shall be priority for

the needs of the underprivileged sick,

elderly, disabled, women and children. TheState shall endeavor to provide free medicalcare to paupers.

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Assignment (for August 4)Chapters 1-4,6

Generics Act of 1988 (Republic Act 6675)

Tobacco Regulation Act of 2003 (Republic Act9211)

Universally Accessible Cheaper and QualityMedicines Act of 2008 (Republic Act 9052)

Case of Del Rosario vs. Bengzon, GR 88265,December 21, 1989 (180 SCRA 521)

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