Medical Jurisprudence

 State
o Elements of state
 People
 Territory
 Sovereignty
 Government
o Philippines is a republican and democratic state
 Republican: all government authority emanates from people
and is exercised by representatives chosen by people
 Democratic: people can directly participate through initiative
and referendum
o 3 inherent and fundamental powers of state
 Police power
 Most essential and least limitable power
 Why do we need to take the licensure exam? We need to
regulate the practice of medicine
 Eminent domain
 Taxation
 Power to impose and collect reasonable taxes to raise
revenue
 3 branches of government
o Legislative department
 Headed by Congress (Senate and House of Representatives)
 Make laws and alter or repeal them
 Why do they conduct investigations? In aid of legislation
o Executive department
 Headed by the president; departments headed by his/her alter
egos
 “Head of State” and “Chief Executive”
 An act of the agency is the act of the president
 President has the right to fire them if their goals are not
aligned
 You’re serving at the pleasure of the president
 Unlike career officials where you have security of tenure
o Judicial department
 Supreme court and the Courts
 Arbiter of controversies in law; not to interpret the law but to
apply the law
 Especially if the law is unclear or if there is a cloud to its
meaning
o Doctrine of separation of powers
 Co-equal branches of government
 Should be independent of each other
  System of check and balances
 Legal system
o System of interpreting and enforcing laws
o Types of legal systems
 Civil law – laws are codified (based on Roman Law)
 Common law – judgment-based law based on the English legal
system
 Philippines is both
o Purpose: to uphold justice; to apply the Law fairly to everyone,
regardless of a person’s status in life (equal protection for everyone)
o Court
 Organ of government whose function is the application of
laws to actual controversies brought before it and the public
administration of justice
 Actual controversies – there must be an injury! Not
hypothetical
 Hierarchy of courts
 Municipal trial court
 Regional trial court
 Court of appeals
 Supreme Court
o International courts will not review decision of
the Supreme Court because they do not have
jurisdiction on the Philippines
 They can issue a decision but they cannot
enforce
o Characteristics
 Stare Decisis
 Lower courts are compelled to follow decisions
rendered by higher courts
 Decisions of Supreme Court are conclusive
 Decisions of Lower Courts are persuasive
o Should follow precedents (of the Supreme Court)
 Res Judicata
 Judgment is final; on the merits
 Court should have jurisdiction
 Same parties, issues, and cause of action
 Law
 System of rules of a government that regules actions of
the citizens
 Functions of the law
o Social control
o Regulate society
o Resolve disputes
o Bring order and justice to society
  Sources of Philippine laws
o Legislature (Republic Acts)
o Executive (Implementing
o Judiciary
 Case law
 Judiciary
 Statute Law
 Congress; Executive
 Private Law
 Relationship between two private individuals
(Physician-Patient Relationship)
 Public Law
 Relationship between state and private individuals
(Medical Act of 1959)
o Effectivity of laws
 Become effective 15 days after its publication in a newspaper
of general circulation
 As a general rule prospective, unless stated (retroactive)
 Exception to the Exception: Bill of Attainder
o Use of the word “May” and “Shall”
 May – directory
 Shall – mandatory
