Maria Cleofe Gettie C.

Sandoval, JD
Ateneo School of Medicine and Public Health
July 28, 2010
1
Subject Objectives:
Understand the policy framework including
the regulatory and legal bodies and political
environment 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-patient
relationship exists
2
Comprehend the substantive and
procedural laws that affect the practice of
medicine

Identify the doctrines relevant to medical
negligence and the corresponding penalties
that doctors may be liable of.

Analyze laws and policies that affect the
health providers
3
Analyze and recommend relevant policies in
the different areas of the practice of
medicine

Share views on existing laws and policies
with classmates

Appreciate the value of knowing policies,
laws, regulations affecting health and the
practice of medicine
4
Sources of class discussion:
Medical Laws and Jurisprudence (main
textbook)
By Atty. Peter P. Ng, MD,PhD, FPAP
Dr. Philipp U. Po, MOH, DPCOM
2006 ed
Supreme Court decisions
Relevant laws
5
Grading:
written exams: midterm and finals
class participation: recitation and group
participation
paper/s
attendance
6
Share a personal encounter/experience you
may have had the legal system (courts,
enforcers, lawyers)


What do you know about the Philippine
political system (eg. form of government,
structure of government, powers/
functions, composition)


7
Medical Jurisprudence
legal aspect of medical practice
Legal fundamentals
Licensure and regulatory laws
Practice of medicine
Physician-patient relationship
Medical negligence
Remedial law aspects in the practice of medicine
Other related topics
8
Understanding the policy and legal
environment of the practice of medicine
9
Branches of government:
Legislative- legislative power shall be vested
in the Congress of the Philippines which shall
consist of a Senate and a House of
Representatives
11
Powers:
- authority to make, alter, repeal laws
- Act as sole judge of all contests relating to the
elections, 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


12

Executive executive power shall be vested in
the President
13
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
14
Judiciary judicial power shall be vested in one
Supreme Court and in such lower courts as
may be established by law
15
Powers:
- determine actual controversies arising
between adverse litigants duly instituted in
courts of proper jurisdiction
16
Separation of Powers and Checks and
Balance:
Executive to Legislature:
- veto power
- prepares proposed budget for the General
Appropriations Act
Executive to Judiciary:
- can grant executive clemency
- appoints members of the Supreme Court
17
Judiciary to Executive and Legislative
- declare laws unconstitutional

Legislative to Executive:
- override veto power by 2/3 vote
- reject appointments thru Commission on
Appointments
- revoke proclamation of martial law or
suspension of writ of habeas corpus
18
Policy
- A plan, course of action as of a government,
political party, or business, intended to
influence and determine decisions, actions,
and other matters

- Purposive course of action
19
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 policy
area, issue, question, responses


20
Policy Instruments
- Financing (subsidies, donations, fees)
- governance (information, training)
- Regulation (licensing, accreditation)
- Service delivery (provision, coverage in scope
and scale)

21
Policy issuances may be:
1. laws
Legislation passed by Congress
Jurisprudence- cases decided by courts

2. Administrative orders rules and regulations
issued by the administrative agencies
3. Statements/briefs
22
Constitutional provisions on health:
Sec 15, Article II. The State shall protect and
promote the right to health of the people and
instill health consciousness among them
23
Sec. 11, Art XIII. The State shall adopt an
integrated and comprehensive approach to
health development which shall endeavor to
make 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. The
State shall endeavor to provide free medical
care to paupers.
24
Assignment (for August 4)
Chapters 1-4,6
Generics Act of 1988 (Republic Act 6675)
Tobacco Regulation Act of 2003 (Republic Act
9211)
Universally Accessible Cheaper and Quality
Medicines Act of 2008 (Republic Act 9052)
Case of Del Rosario vs. Bengzon, GR 88265,
December 21, 1989 (180 SCRA 521)
25