Вы находитесь на странице: 1из 14

ADMINISTRATIVE LIABILITY

Reprimand, Suspension, or Revocation of Registration

Characteristics of Proceedings in PRC


There must be presumption of the innocence of the respondent.
The quantum of evidence to prove that the physician is liable on the ground charged is merely preponderance of evidence.

The respondent physician shall be entitled


to be represented by counsel or be heard in person; to have a speedy and public hearing; to confront and to cross-examine witnesses against him; and to all other rights guaranteed by the Constitution and provided for in Rules of Court.

The decision of the Board of Medicine shall automatically become final thirty days after the date of its promulgation unless the respondent, during the same period, has appealed to the PRC and later to the office of the President of the Philippines.

After two years, the Board may order the reinstatement of any physician whose registration has been revoked if the respondent has respondent in an exemplary manner in the community wherein he resides and has not committed any illegal, immoral, or dishonorable act.

COMPLAINTS
WHO CAN FILE?
1. any person 2. firm or corporation through its duly authorized representative 3. the Board of Medicine itself

The complaint itself must be in writing and under oath. Within five days after the filing of the written charges, the respondent physician shall be furnished a copy. The Board shall conduct an investigation within five days after the respondent has received a copy.

SERVICE OF SUMMONS
Summons shall consist of 1. letter-subpoena requiring appearance of the respondent at a designated time or place

2. a copy of the complaint and its enclosures.

RIGHTS OF RESPONDENTS IN THE ADMINISTRATIVE INVESTIGATION OF THE BOARD OF MEDICINE

Rights provided for by the Medical Act Rights provided for by the Rules and Regulations Rights under the Rules of Court

Rights of the Defendant at Trial


To be presumed innocent until the contrary is proved To be present and defend in person and by attorney at every stage of the proceedings To be informed of the nature and cause of the accusation To testify as witness in his own behalf

To be exempted from being a witness against itself To be confronted at the trial by, and to cross-examine the witness against him. To have compulsory process issued to secure the attendance of witnesses in his behalf To have a speedy and public trial To have the right of appeal in all cases authorized by law

GROUNDS FOR REPRIMAND,


SUSPENSION, OR

REVOCATION OF
REGISTRATION OF CERTIFICATE

Personal Disqualifications Criminal Acts Unprofessional Conduct