STATE REGULATION OF HOSPITAL OPERATIONDefinition: Licensure - granting a license to operate and maintain a hospital according to an approved minimum standard. Accreditation - a process that a health care institution, provider, or program undergoes to demonstrate compliance with standards developed by an official agency. Certification - a process indicating that an individual or institution has met predetermined standards; Acknowledgment by a medical specialty board of successful completion of requirements for recognition as a specialist. Cases: MANILA DOCTORS HOSPITAL, petitioner, vs. SO UN CHUA and VICKY TY, respondents. G.R. No. 150355 | July 31, 2006 (1D) Facts: Respondent Chua, mother of Ty, was admitted to petitioner hospital for hypertension and diabetes. While Chua was confined, another daughter Judith Chua was admitted for treatment of injuries sustained after a vehicular accident. Ty shouldered the hospital bills for the two. After Judith was discharged, respondent Chua remained confined. Ty was able to pay P435,800.00. The hospital bills eventually totaled P1,075,592.95. When Ty was unable to pay the bills, the hospital allegedly pressured her, by cutting off the telephone line in her room and removing the air-conditioning unit, television set, and refrigerator, refusing to render medical attendance and to change the hospital gown and bed sheets, and barring the private nurses or midwives from assisting the patient, to settle the same through the signing of a promissory note. Ty issued postdated checks to pay the note. The checks bounced. The petitioner alleged that that as early as one week after respondent Chua had been admitted to its hospital, Dr. Rody Sy, her attending physician, had already given instructions for her to be discharged, but respondents insisted that Chua remain in confinement. It also alleged that Ty voluntarily signed the agreement that she will pay the bills and that no undue pressure was exerted by them; and that the cutting-off of the telephone line and removal of the air-conditioning unit, television set, and refrigerator cannot constitute unwarranted actuations, for the same were resorted to as cost-cutting measures and to minimize respondents' charges that were already piling up, especially after respondent Ty refused to settle the balance notwithstanding frequent demands. Finally it alleged that this case was instituted by Ty to provide leverage against the hospital for filing criminal charges against the latter for violation of BP 22. Issue: Whether or not the hospital is liable for damages Held: No Conclusions are bereft of sound evidentiary basis, self-serving and uncorroborated as they are Indeed the operation of private pay hospitals and medical clinics is impressed with public interest and imbued with a heavy social responsibility. But the hospital is also a business, and, as a business, it has a right to institute all measures of efficiency commensurate to the ends for which it is designed, especially to ensure its economic viability and survival. And in the legitimate pursuit of economic considerations, the extent to which the public may be served and cured is expanded, the pulse and life of the medical sector quickens, and the regeneration of the people as a whole becomes more visibly attainable. In the institution of cost-cutting measures, the hospital has a right to reduce the facilities and services that are deemed to be non-essential, such that their reduction or removal would not be detrimental to the medical condition of the patient. o For the moment, the question to be considered is whether the subject facilities are indeed non-essential – the airconditioner, telephone, television, and refrigerator – the removal of which would cause the adverse health effects and emotional trauma the respondents so claimed. o Corollary to this question is whether the petitioner observed the diligence of a good father of the family in the course of ascertaining the possible repercussions of the removal of the facilities prior to the removal itself and for a reasonable time thereafter, with a view to prevent damage. The evidence in the record firmly establishes that the staff of the petitioner took proactive steps to inform the relatives of respondent Chua of the removal of facilities prior thereto, and to carry out the necessary precautionary measures to ensure that her health and well-being would not be adversely affected: as early as around two weeks after her admission Authorities, including those of common law origin, explicitly declare that a patient cannot be detained in a hospital for non-payment of the hospital bill. o If the patient cannot pay the hospital or physician's bill, the law provides a remedy for them to pursue, that is, by filing the necessary suit in court for the recovery of such fee or bill. o If the patient is prevented from leaving the hospital for his inability to pay the bill, any person who can act on his behalf can apply in court for the issuance of the writ of habeas corpus. The form of restraint must be total; movement must be restrained in all directions. If restraint is partial, e.g., in a particular direction with freedom to proceed in another, the restraint on the person's liberty is not total. o However, the hospital may legally detain a patient against his will: when he is a detained or convicted prisoner, or when the patient is suffering from a very contagious disease where his release will be prejudicial to public health, or when the patient is mentally ill such that his release will endanger public safety, or in other exigent cases as may be provided by law. o Moreover, under the common law doctrines on tort, it does not constitute a trespass to the person to momentarily prevent him from leaving the premises or any part thereof because he refuses to comply with some reasonable condition subject to which he entered them. In all cases, the condition of this kind of restraint must be reasonable in the light of the circumstances. Case Digest and Related Provisions on Legal Medicine based on Atty. Rodel Capule’s Syllabus Rivad, Sherine L. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 1 filed a Complaint for illegal dismissal against petitioners. Sherine L. No.m. 176287 | January 31.R. regardless of the patient's financial status.. and if no express contract exists. respondent De Castro directed ward-clerk orientee Guillergan to check the patient. with the assistance of respondent association. or suffering from a contagious disease. 1999. insane. to 11:30 a.MEDICAL CENTER MANILA. unless the case falls under the exceptions abovestated. especially if it is a private pay hospital. that respondent De Castro exerted undue pressure upon her co-nurses to alter the actual time of the incident so as to exculpate her from any liability. however. the niece of patient Causaren staying in the room was awakened and she sought assistance from the nurse station. Because of what happened. an 81-year-old patient confined at petitioner hospital fell from the right side of the bed as she was trying to reach for the bedpan. we do not see any wrongful intent. the patient is free to leave the premises. a hospital. Negligence is defined as the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. vs. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 2 . The vital signs of the patient were normal. INC. Rodel Capule’s Syllabus Rivad. was not clearly substantiated. the hospital may nonetheless register its protest and may choose to pursue the legal remedies available under law. A notice of termination was sent to the respondent. A formal investigation was conducted regarding the said incident. LA: In favor of respondent. respondent De Castro should be terminated from employment for her lapse in responding to the incident and for trying to manipulate and influence her staff to cover-up the incident. in some cases. is entitled to be compensated for its services. . G. NLRC: Reversed LA. there is generally an implied agreement that the patient will pay the reasonable value of the services rendered. respondent De Castro cannot be said to be grossly negligent so as to justify her termination of employment. as stated above. Authorities are of the view that. it has an enforceable claim for full payment for its services. ordinarily. etc. or bad faith on her part when. CA: Upheld LA Petitioners anchor respondent De Castro’s termination of employment on the ground of serious misconduct for failure to personally attend to patient Causaren who fell from the bed as she was trying to reach for the bedpan. o The Court emphasizes that the nature of the business of a hospital requires a higher degree of caution and exacting standard of diligence in patient management and health care as what is involved are lives of patients who seek urgent medical assistance. o Being her first offense. provided that the hospital may not physically detain the patient. o If the patient chooses to abscond or leave without the consent of the hospital in violation of any of the conditions deemed to be reasonable under the circumstances. An act or omission that falls short of the required degree of care and diligence amounts to serious misconduct which constitutes a sufficient ground for dismissal. o Despite our finding of culpability against respondent De Castro. 2011 (2D) Facts: One Rufina Causaren. o HOSPITAL MANAGEMENT SERVICES. DE CASTRO. by either an express or an implied contract.m. Petitioner. The three other nurses for the shift were not at the nurse station. deliberate refusal. HOSPITAL MANAGEMENT SERVICES. However. or simply for purposes of making a demand to settle the bill.At any rate. the Court had ruled that sanctioning an erring employee with suspension would suffice as the extreme penalty of dismissal would be too harsh. The Investigation Committee found that the subject incident happened between 11:00 a. Issue: Whether or not respondent De Castro’s dismissal is illegal Held: Yes Case Digest and Related Provisions on Legal Medicine based on Atty. The committee recommended that despite her more than seven years of service. when a hospital treats a patient's injuries. as her lapse was not characterized by any wrongful motive or deceitful conduct. Respondents. Moreover. as she was then attending to a newly-admitted patient at Room 710. Instead of personally seeing the patient. of March 23. further. she requested Nursing Assistant Tatad and ward-clerk orientee Guillergan to see the patient.MEDICAL CENTER MANILA EMPLOYEES ASSOCIATION-AFW and EDNA R. o Considering that this was the first offense of respondent De Castro in her nine (9) years of employment with petitioner hospital as a staff nurse without any previous derogatory record and. even in the ostensible violation of these conditions. such as the assessment of whether the patient is fit to leave. Respondent De Castro. instead of personally attending to patient Causaren. INC. Later. after being momentarily interrupted by the hospital staff for purposes of informing him of those reasonable conditions. the physician on duty and the nursing staff on duty for the next shift again attended to patient Causaren. petitioners’ allegation. Petitioners anchor respondent De Castro’s termination of employment on the ground of serious misconduct for failure to personally attend to patient Causaren who fell from the bed as she was trying to reach for the bedpan. . vs. have denied the requisite standing to said institution and excluded petitioner. G. petitioner. vs. subject to natural restraints such as age. as long as those state restrictions were reasonable. To hold otherwise. with the degree of Licentiate in Medicine and Surgery. Sherine L. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 3 ." in the sense intended by the law. No. the State Board of Health refused to accept Dent's degree from the American Medical Eclectic College of Cincinnati. In addition. and the question submitted is whether the petitioner's case should be governed by the law and regulations in force at the time of his enrollment in and graduation from the Chicago Medical School. L-24119 | August 8. who has pursued his work in the institution referred to in good faith. respondents. or prove practice in West Virginia for the previous ten years.R. No.prompt states to exclude people without licenses from practicing medicine. all but one of their medical schools were open to women. where the petitioner was graduated. we think.. pass an examination. the petitioner is disqualified to take the examinations. No question appears to have been made by the respondents with respect to the petitioner's qualifications of the physician's examinations in other respects. from said institution on June 8. takes upon himself the risk of changes that may be made in the standing of the institution by the board. 1925 (EB) Facts: Petitioner is a graduate of the Chicago Medical College. but it is pointed out that at the time he began and even when he conducted his course in the Chicago Medical School. result in hardship. and the regulations now in force. of the year 1922. in accordance with the regulations of the board now in effect. having received the degree of M. West Virginia 129 U. it would be impossible for the Board of Medical Examiners to give effect to the knowledge which they from time to time acquire as to the standing of medical schools. a group which accepted and taught the conventional medical science of the time. TORRES. reliance needed to be placed on the assurance of a license.S. PHILIPPINE MEDICAL ASSOCIATION. in the area of therapeutics. 3111. THE BOARD OF MEDICAL EXAMINERS and THE SECRETARY-TREASURER OF THE BOARD OF MEDICAL EXAMINERS. said institution was still recognized as a reputable medical institution. and nature of life-and-death circumstances with which doctors dealt. Issue: Whether or not petitioner has a right to be admitted for medical examinations Held: No STATE REGULATION OF PRACTICE OF MEDICINE Dent v. 1924. on or about September 26. Dent had been in practice for six years when he was convicted under an 1882 West Virginia law which required physicians to hold a degree from a reputable medical college. No one who has commenced preparation in a particular institution has any inchoate right on account of that fact. FELIX MARQUEZ. in isolated cases. untenable. etc. and although the action taken by them may conceivably. respondent. and an intending physician. In this case. or by those in force at the time he filed his application for admission. In addition.R. Held: The Court's unanimous opinion which upheld the West Virginia statute noted that each citizen had a right to follow any lawful calling. upon matriculating in a particular college. petitioner. BOARD OF MEDICAL EXAMINERS and JOSE MA. L-25135 | September 21. sex. which were still practices used by many physicians at the time. Supreme Court) Facts: Frank Dent was a physician of the Eclectic sect. it is insisted. because of the careful nature of its training. 1889 (U. is vested in the Board of Medical Examiners. Rodel Capule’s Syllabus Rivad. believing that said school had the status necessary to qualify him from examination. 1968 (EB) Facts: Torres graduated from the University of Barcelona.D. For this reason the respondents. Spain. Certain circumstances might In the argument for the petitioner it is admitted that under Act No. G. However. as well as state restrictions. is to make the law retroactive in effect and to do irreparable damage to the petitioner.S. but they have denied him admission to the examinations on the grounds that the Chicago Medical College. If the law were otherwise upon this point. the large knowledge of the human body required of doctors. The question whether a medical institution is "a reputable medical school. It is submitted for the petitioner that his case should be governed by the law and regulations at the time of his graduation. which would preclude its change or repeal. 114 | January 14. has been classified as a Class C medical college by the National Medical State Board of the United States. The position taken by the petitioner is. the Court ruled that medicine. He was granted special authority to practice medicine in Case Digest and Related Provisions on Legal Medicine based on Atty. the Eclectics carried on a rigorous campaign against excesses of drugging and bleeding. nevertheless the interests of the public require that the board should be free to exercise its judgment and discretion without reference to the effect of the determination of the question in particular instances. There can in the nature of things be no vested right in an existing law. among others. 2882. vs. the Board issued a resolution. THE HONORABLE SECRETARY LOURDES QUISUMBING. addressed the Chairman of the Board a communication requesting reconsideration of said resolution. No. the Case Digest and Related Provisions on Legal Medicine based on Atty.A. he shall also be deemed qualified to continue his studies in the territory of either Party in conformity with the applicable laws and regulations of the State which recognizes the validity of the title or diploma in question. but not if they are Filipinos. since — as we ruled in the Garcia case — the benefits of the aforementioned Treaty cannot be availed of in the Philippines except by Spanish subjects. 1987 (EB) Facts: The petitioners seek admission into colleges or schools of medicine. if they were Spanish subjects. and THE CENTER FOR EDUCATIONAL MEASUREMENT (CEM). Republic Act 2382 as amended by R. and the securing of the health and safety of the general community. Section 7 of the same Act requires from applicants to present a certificate of eligibility for entrance (cea) to medical school from the BME. the result would be — should respondent's contention be sustained — that graduates from Spanish schools of medicine would be entitled to practice medicine in the Philippines without examination.R. Surely said treaty was not made to discriminate against Philippine schools. 771. 1985. Issue: Whether or not Sec. Presiding Judge of Branch XXXVII of the Regional Trial Court of the National Capital Judicial Region with seat at Manila. or when the circumstances require it. respondent has to take and pass the examination therein prescribed. in her capacity as Chairman of the BOARD OF MEDICAL EDUCATION. . However the petitioners either did not take or did not successfully take the National Medical Admission Test (NMAT). the latter could — under respondent's pretense — engage in the practice of medicine in the Philippines without taking the examination prescribed in Republic Act No. to all medical students who have completed the first three years of their studies. who may request it. 5(a) and (f) of R. issued by competent national authorities. Persons exempt from registration. Worse still. 2882 in granting respondent's certificate for the general practice of medicine in the Philippines without the examination prescribed in said Act Held: Yes The main issue herein hinges on the interpretation of Article I of the Treaty aforementioned. — Registration shall not be required of the following classes of persons: . the Director of Health may issue special authorizations. .Lamitan. Basilan City. in the interest of the public health. of educ. 2 violate the constitution as they prescribe an unfair. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 4 . shall be deemed competent to exercise said professions in the territory of the Other. 5 (a). is also well recognized. in their behalf and in behalf of applicants for admission into the Medical Colleges during the school year 1987-88 and future years who have not taken or successfully hurdled tile National Medical Admission Test (NMAT). established a uniform admission test called National Medical Admission Test as additional requirement for issuance of a certificate of eligibility. Similarly. The resolution relied therefor upon The Treaty on the Validity of Academic Degrees and The Exercise of the Professions between the Republic of the Philippines and the Spanish State. 5(a) and (f) of R.A. Rodel Capule’s Syllabus Rivad. whereas the former would have to take and pass said examination. 78164 | July 31. Sherine L. stating "that the final decision on the matter will have to come from the President of the Philippines upon whose authority said resolution has been finally approved and implemented. Said Chairman then replied. Petitioners then filed with the RTC a petition for Declaratory Judgment and Prohibition with a prayer Temporary Restraining Order and Preliminary Injunction seeking to enjoin the Sec. 25. On motion for reconsideration filed by respondent. colleges or universities. respondents. Petitioner herein. and to graduate or registered nurses. that holders of said Spanish diplomas or degrees must take the examination prescribed by our laws for holders of similar diplomas or degrees from educational institutions in the Philippines. Thus." Issue: Whether or not he Board had violated Republic Act No. granting respondent a certificate to practice medicine in the Philippines without the examination required in Republic Act No. 4224 and MECS Order no. or to persons who have qualified in medicine. on the other hand. GUTIERREZ. THE HONORABLE JUDGE ANGELINA S. MECS Order No. series of 1965. and with the rules and regulations of the particular educational institution in which he intends to pursue his studies. legislation and administrative regulations requiring those who wish to practice medicine first to take and pass medical board examinations have long ago been recognized as valid exercises of governmental power. subject to the laws and regulations of the latter. much less against nationals of the Philippines. pursuant to Section 771(e) of the Revised Administrative Code: SEC. When the degree or diploma of Bachelor. 4224 and MECS Order no. BME from enforcing Sec. reading as follows: The nationals of both countries who shall have obtained degrees or diplomas to practice the liberal professions in either of the Contracting States. 2882. al. where he resides. petitioners. unreasonable and inequitable requirement Held: No Perhaps the only issue that needs some consideration is whether there is some reasonable relation between the prescribing of passing the NMAT as a condition for admission to medical school on the one hand. issued by the then Minister of Education. the Board of Medical Education (BME) whose functions include "to determine and prescribe requirements for admission into a recognized college of medicine" (Sec. 52. The Court held that said Treaty merely extended to diplomas issued or degrees conferred by educational institutions of Spain the same recognition and treatment that we accord to similar diplomas or degrees from local institutions of learning. pursuant to said Medical Act of 1959. before he can be allowed to practice medicine in the Philippines. of respondent Board is violative of Republic Act No. This question is perhaps most usefully approached by recalling that the regulation of the practice of medicine in all its branches has long been recognized as a reasonable method of protecting the health and safety of the public. Indeed. that resolution No. colleges or universities. 2882 TERESITA TABLARIN et. s. Philippine Medical Association. known as the Medical Act of 1959 created. (e) In cases of epidemic or in municipalities where there is no legally qualified practicing physician. That the power to regulate and control the practice of medicine includes the power to regulate admission to the ranks of those authorized to practice medicine. upon the ground that. Inasmuch as the theory of respondent herein cannot be accepted without placing graduates from our own educational institutions at a disadvantage vis-a-vis Spanish graduates from Spanish schools. issued by competent national authorities allows its holder without requiring further evidence of proficiency to pursue normally higher courses of study. G. Culture and Sports. 4224 and 5946. 2 and from requiring the taking and passing of the NMAT as condition for securing (cea).A. " Held: Given that the Secretary of Education. because by reason of their special knowledge and expertise over matters falling under their jurisdiction. DANIEL P. A single ocular inspection. it was a grave abuse of discretion for the respondent judge to issue the questioned injunction and thereby thwart official action. by the courts. 2nd team confirmed the previous findings and recommended the phase-out of the school. did not. s. LOURDES R. 88259 | August 10. 1985.establishment of minimum medical educational requirements-i. the government agency which supervises and regulates the country’s medical colleges. -Mr. Presiding Judge of the Regional Trial Court. Rodel Capule’s Syllabus Rivad. among other things. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 5 . and the difficulties of maintaining. vs. 1988 report. The need to maintain. because of the unstable peace and order situation in Mindanao. given a temporary permit to operate instead of the originally proposed location in Zamboanga City. its faculty. facilities. Board of Medical Education. but the Executive Secretary found no reason to disturb the contested decision AFFIRMED! -The college filed civil case No. Grounds among others: (a)the College was not fulfilling its purpose due inappropriate location (b)lack of university affiliation for balance humanistic and scientific education (c) absence of philosophy based hospitals for student’s training (d)more than 60% of the college faculty did not teach full time -The school disputed these findings as biased and discriminatory and requested BME to send another team of doctors for reevaluation. in the premises correctly taken. operations. members of the evaluating team came from the different sectors in the fields of education and medicine. What we have before us in the instant case is closely related: the regulation of access to medical schools. that courts have no supervisory power over the proceedings and actions of the administrative departments of the government. -The college appealed the decision to the OP. The. and medical schools in particular. are widely known. and their judgment in this particular area is certainly better than that of the respondent Judge whose sole and only visit to the school could hardly have given him much more to go on than a brief look at the physical plant and facilities and into the conduct of the classes and other school activities. high standards in our professional schools in general. Victor Sumulong(chairman of BOT). INC. -The DECS recommended the college for closure but somehow the college succeeded to have the Board form yet another team of inspectors but although the findings show that there were major efforts to improve the college. and the PHILIPPINE MUSLIM-CHRISTIAN COLLEGE OF MEDICINE FOUNDATION. proposed a gradual phase-out so as not to dislocate the students and minimized financial losses The Court believes that the government is entitled to prescribe an admission test like the NMAT as a means of achieving its stated objective of "upgrading the selection of applicants into our medical schools" and of "improving the quality of medical education in the country. Antipolo. done after the College had been pre-warned thereof. petitioners. Sec. the latter are in a better position to pass judgment on such matters and their findings of facts in that regard are generally accorded respect. Rizal. etc. DECS & BME authorized the Commission on Medical Education to conduct a study of all Medical Schools in the Philippines.. the completion of prescribed courses in a recognized medical school-for admission to the medical profession. upon learning the same ALLOWED to operate until May 1989. of limiting admission to those who exhibit in the required degree the aptitude for medical studies and eventually for medical practice.e. -The report showed that the college fell very much short of the minimum standards set for medical schools. Branch 74.) -Thus. HON. has also been sustained as a legitimate exercise of the regulatory authority of the state. to be sure. Culture and Sports exercises the power to enjoin compliance with the requirements laid down for medical schools and to mete out sanctions where he finds that violations thereof have been committed.R. Respondent Judge gravely abused his discretion in substituting his judgment for theirs. chairman of the Department of Education. and that contrary to the findings. No. Sherine L. 1385 applying for a writ of preliminary injunction to restrain its implementation APPROVED! (by Judge Alfonso holding that there were no evidence supporting the findings in the June 18. involving the exercise of judgment and findings of facts. 1385 restraining the enforcement of Pet. the college was established in Antipolo. Further. 1989 (EB) Facts: Petitioners BME. if not finality. warrant only the findings of more qualified inspectors about the true state of the College. -In 1985. It is well-settled doctrine that courts of justice should not generally interfere with purely administrative and discretionary functions. exceptions to this general rule but none of them obtains in this case. allowing the College to operate without the requisite government permit. in the circumstances. in her capacity as Secretary of the Department of Education. QUISUMBING. Rizal. selectivity consisting. it is still rendered inadequate and recommended for closure w/ provisions to disperse its students to other medical schools. -However. Culture and Sports prayed for a writ of certiorari to nullify the order of herein Respondent Judge Alfonso in Civil case No. MECS Order No.. the laboratory and library areas were big enough and operations in the base hospital was going smoothly. Quisimbing. That upgrading is sought by selectivity in the process of admission. -There were third and fourth evaluations but the college failed both and was rendered inadequate in all aspects. Antipolo was adopted as its permanent site and the name was changed to Rizal College of Medicine. There are. THE BOARD OF MEDICAL EDUCATION and the HON. the team of inspectors cited the ff. articulates the rationale of regulation of this type: the improvement of the professional and technical quality of the graduates of medical schools. by upgrading the quality of those admitted to the student body of the medical schools. -The college was founded on 1981 for the purpose of producing physicians who will emancipate Muslim citizens from age-old attitudes of health. Culture and Sports and Chairman. respondents. ALFONSO. Fourth Judicial Region. Issue: Whether or not Judge Alfonso acted with grave abuse of discretion in substituting his judgment to for the members/evaluators Case Digest and Related Provisions on Legal Medicine based on Atty. G. in the current state of our social and economic development. 52. Order of closure of Philippine Muslim-Christian College of Medicine Foundation Inc(the college). the present petition. SAN DIEGO and JUDGE TERESITA DIZON-CAPULONG. he squarely challenged the constitutionality of the said rule. ROBERTO REY C. Case Digest and Related Provisions on Legal Medicine based on Atty. Branch 172. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 6 . Gutierrez. Issue: Whether a person who has thrice failed the National Medical Admission Test (NMAT) is entitled to take it again Held: No In Tablarin v. it is useful to recall. In his original petition for mandamus. for instance. The additional grounds raised were due process and equal protection." Given the widespread use today of such admission tests in. Sherine L. respondents. vs. The government is entitled to prescribe an admission test like the NMAT as a means of achieving its stated objective of "upgrading the selection of applicants into [our] medical schools" and of "improv[ing] the quality of medical education in the country. he first invoked his constitutional rights to academic freedom and quality education. After three (3) successive failures. Rodel Capule’s Syllabus Rivad. is the protection of the public from the potentially deadly effects of incompetence and ignorance in those who would undertake to treat our bodies and minds for disease or trauma. 89572 | December 21. medical schools in the United States of America (the Medical College Admission Test [MCAT] and quite probably. this Court upheld the constitutionality of the NMAT as a measure intended to limit the admission to medical schools only to those who have initially proved their competence and preparation for a medical education. The petitioner claims that he took the NMAT three times and flunked it as many times. No. the private respondent was allowed to take the NMAT. Series of 1972 which provides that: h) A student shall be allowed only three (3) chances to take the NMAT. Metro Manila. 1 When he applied to take it again. 1989 (EB) Facts: The private respondent is a graduate of the University of the East with a degree of Bachelor of Science in Zoology. in her capacity as Presiding Judge of the Regional Trial Court of Valenzuela. in other countries with far more developed educational resources than our own. By agreement of the parties. the petitioner rejected his application on the basis of the MECS Order No. and taking into account the failure or inability of the petitioners to even attempt to prove otherwise. CULTURE AND SPORTS (DECS) and DIRECTOR OF CENTER FOR EDUCATIONAL MEASUREMENT. In an amended petition filed with leave of court. we are entitled to hold that the NMAT is reasonably related to the securing of the ultimate end of legislation and regulation in this area. G. That end.DEPARTMENT OF EDUCATION. petitioners. a student shall not be allowed to take the NMAT for the fourth time. 12.R. the Board observed that the grades of the seventy-nine successful examinees from Fatima College in the two most difficult subjects in the medical licensure exam. Thus. as amended should be read in conjunction with the other provisions of the Act. Biochemistry (Bio-Chem) and Obstetrics and Gynecology (OBGyne). For its part. In the present case. The intent or meaning of the statute should be ascertained from the statute taken as a whole. not used at all. for this reason. to determine whether the petitioners had the ministerial obligation to administer the Hippocratic Oath to respondents and register them as physicians. clear and certain legal right to the thing demanded. the NBI found that “the questionable passing rate of Fatima examinees in the 1993 Physician Examination leads to the conclusion that the Fatima examinees gained early access to the test questions. Rodel Capule’s Syllabus Rivad. as amended. and the closer the link. Section 1 of the Constitution. The accountant. These doubts have to be appropriately resolved. There can be no question that a substantial distinction exists between medical students and other students who are not subjected to the NMAT and the three-flunk rule. no less worse. and the writ of mandamus is a legal remedy for a legal right. Thus. In another case worth noting. The State has the responsibility to harness its human resources and to see to it that they are not dissipated or. if not validity. 144681 | June 21. The Constitution also provides that "every citizen has the right to choose a profession or course of study. Sherine L. we upheld the power of the State to upgrade the selection of applicants into medical schools through admission tests. education. were unusually and exceptionally high. Valenzuela City. unlike other careers which. Accordingly. with the degree of Licentiate in Medicine and Surgery from the University of Barcelona. No. and equitable admission and academic requirements. A careful reading of Section 20 of the Medical Act of 1959 discloses that the law uses the word "shall" with respect to the issuance of certificates of registration. Eleven Fatima examinees scored 100% in Bio-Chem and ten got 100% in OBGyne. for example. 2382. In a previous case. G. There would be unequal protection if some applicants who have passed the tests are admitted and others who have also qualified are denied entrance. It is the right and indeed the responsibility of the State to insure that the medical profession is not infiltrated by incompetents to whom patients may unwarily entrust their lives and health. A law does not have to operate with equal force on all persons or things to be conformable to Article III. and general welfare of the people. does not hold the same delicate responsibility as that of the physician and so need not be similarly treated. The function of mandamus is not to establish a right but to enforce one that has been established by law. Shortly thereafter. The three-flunk rule is intended to insulate the medical schools and ultimately the medical profession from the intrusion of those not qualified to be doctors. while belonging to an equally respectable profession. of the tests.R. 2382. However. the longer the bridge to one's ambition." In statutory construction the term "shall" is a word of command. which Case Digest and Related Provisions on Legal Medicine based on Atty. It is true that this Court has upheld the constitutional right of every citizen to select a profession or course of study subject to a fair. (1) of Section 2225 of the Medical Act of 1959. to practice medicine in the Philippines. peace. DE GUZMAN et al. persons who desire to engage in the learned professions requiring scientific or technical knowledge may be required to take an examination as a prerequisite to engaging in their chosen careers. It is given imperative meaning. it may be recalled. recourse must be had to the entirety of the Medical Act of 1959. Petitioner Professional Regulation Commission (PRC) then released their names as successful examinees in the medical licensure examination. do not require more vigilant regulation.” Issue: Whether or not respondents should be allowed to take their oaths as physicians and be registered in the rolls of the PRC. The contention that the challenged rule violates the equal protection clause is not well-taken. PROFESSIONAL REGULATION COMMISSION (PRC) et al. having fulfilled the requirements of Republic Act No. what the equal protection requires is equality among equals. to protect the public from the potentially deadly effects of incompetence and ignorance among those who would practice medicine. 2004 (2D) Facts: The respondents are all graduates of the Fatima College of Medicine. order. this Court has ordered the Board of Medical Examiners to annul both its resolution and certificate authorizing a Spanish subject. according to Fr. Section 20. reasonable. The medical profession directly affects the very lives of the people. of Rep. Nebres. But like all rights and freedoms guaranteed by the Charter. Act No. The method employed by the challenged regulation is not irrelevant to the purpose of the law nor is it arbitrary or oppressive. 2382 Held: No Respondents counter that having passed the 1993 licensure examinations for physicians. when an examinee satisfies the requirements for the grant of his physician’s license. the Board is obliged to administer to him his oath and register him as a physician. Thus. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 7 . another eleven got 99% in Bio-Chem. This is true of any other calling in which the public interest is involved. If no legal right has been violated. In other words. pursuant to Section 20 and par. Metro Manila. There must be a well-defined. the consultant of PRC on the matter. the aforementioned guidelines are provided for in Rep. and twenty-one scored 99% in OB-Gyne. the petitioners "shall sign and issue certificates of registration to those who have satisfactorily complied with the requirements of the Board. their exercise may be so regulated pursuant to the police power of the State to safeguard health. the surrounding circumstances in this case call for serious inquiry concerning the satisfactory compliance with the Board requirements by the respondents. 2382. Thus. he does not have a constitutional right to be a doctor. They passed the Physician Licensure Examination conducted in February 1993 by the Board of Medicine (Board). ARLENE V. Spain. Act No. The unusually high scores in the two most difficult subjects was phenomenal. safety. Act No. subject to fair. morals. there can be no application of a legal remedy. without first passing the examination required by the Philippine Medical Act. These resources must be applied in a manner that will best promote the common good while also giving the individual a sense of satisfaction. It is long established rule that a license to practice medicine is a privilege or franchise granted by the government. While every person is entitled to aspire to be a doctor. and raised grave doubts about the integrity. not from an isolated part of the provision. vs. The right to quality education invoked by the private respondent is not absolute. reasonable and equitable admission and academic requirements. the petitioners have the obligation to administer to them the oath as physicians and to issue their certificates of registration as physicians pursuant to Section 20 of Rep.The subject of the challenged regulation is certainly within the ambit of the police power. This regulation takes particular pertinence in the field of medicine. he filed an application to take the medical board examinations in order to obtain a medical license. or oppressive manner. he would not practice medicine until he submits proof that reciprocity exists between Japan and the Philippines in admitting foreigners into the practice of medicine. and who can actually qualify to take the preparatory test for the National Medical Examination – respondent. G. No.A. who has continuously resided in the Philippines for more than 10 years. He was required by the Professional Regulation Commission (PRC) to submit an affidavit of undertaking. however. As the legislature cannot validly bestow an arbitrary power to grant or refuse a license on a public agency or officer. DR. 2382. Respondent. and which requires that one must first secure a license from the state through professional board examinations. he was allowed to take the Medical Board Examinations in August 1992.prescribes the requirements for admission to the practice of medicine. Furthermore. Rodel Capule’s Syllabus Rivad. Petitioners. showing that his country’s existing laws permit citizens of the Philippines to practice medicine under the same rules and regulations governing citizens thereof. A jury found her guilty of manslaughter and she has appealed from the judgment. to be granted the privilege to practice medicine. through its Chairman. v. profession. Verily. RAMIREZ). Yabes. despotic. that the doctor performing the autopsy did not use certain tests which might have been used and did not open the infant's head and heart which this other doctor thought might disclose some Case Digest and Related Provisions on Legal Medicine based on Atty. JOSEPHINE Appellant. The appellant first contends that there is no substantial evidence to support the verdict in that it does not sufficiently appear from the evidence that this infant was born alive and became a human being. the criteria of the Minister of Health and Welfare of Japan in determining whether the academic and technical capability of foreign medical graduates are the same as or better than that of graduates of medical schools in Japan. 2008 (3D) Facts: Yasuyuki Ota (respondent) is a Japanese national. For said privilege is distinguishable from a matter of right.R. confirmed by the Department of Foreign Affairs (DFA). JOSE S. BOARD OF MEDICINE. SPECIAL LAWS APPLICABLE TO PHYSICIANS I THE PEOPLE. the provisions of the School Educations Laws. Sherine L. it must appear that he has fully complied with all the conditions and requirements imposed by the law and the licensing authority. then the privilege will not issue. the grounds for denying the issuance of a physician’s license. A political body which regulates the exercise of a particular privilege has the authority to both forbid and grant such privilege in accordance with certain conditions. 166097 | July 14. that the baby would live until it bled to death. Facts: The defendant was charged with the murder of her newborn baby. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 8 . HERMOGENES POBRE (now DR. 1991 with a degree of Doctor of Medicine. In spite of all these. the scope and conduct of the examinations. untied and depleted of blood. PROFESSIONAL REGULATION COMMISSION. Respondent submitted a duly notarized English translation of the Medical Practitioners Law of Japan duly authenticated by the Consul General of the Philippine Embassy to Japan. which may be demanded if denied. that it appears from the testimony of another doctor. While it is true that respondent failed to give details as to the conditions stated in the Medical Practitioners Law of Japan -i. 1947 CHAVEZ. courts will generally strike down license legislation that vests in public officials discretion to grant or refuse a license to carry on some ordinarily lawful business..e. Crim. An autopsy was performed by a physician. the Board of Medicine (Board) of the PRC denied respondent's request for a license to practice medicine in the Philippines on the ground that the Board "believes that no genuine reciprocity can be found in the law of Japan as there is no Filipino or foreigner who can possibly practice there. YASUYUKI OTA. Should doubt taint or mar the compliance as being less than satisfactory. No. He graduated from Bicol Christian College of Medicine on April 21. which provides who may be candidates for the medical board examinations. the applicant must show that he possesses all the qualifications and none of the disqualifications." Issue: Whether or not the Board erred in not issuing the license of respondent to practice medicine in the Philippines Held: Yes There is no question that a license to practice medicine is a privilege or franchise granted by the government. Jan. or revoking a license that has been issued. Thus. He testified that the cord on the baby was about eighteen inches long. which he subsequently passed. or activity without prescribing definite rules and conditions for the guidance of said officials in the exercise of their power. thus. It must be stressed however that the power to regulate the exercise of a profession or pursuit of an occupation cannot be exercised by the State or its agents in an arbitrary. vs. 579. presented proof that foreigners are actually practicing in Japan and that Filipinos are not precluded from getting a license to practice there. Nowhere in said statutes is it stated that the foreign applicant must show that the conditions for the practice of medicine in said country are practical and attainable by Filipinos. It is a right that is earned through years of education and training. RAUL FLORES (now DR. Neither is it stated that it must first be proven that a Filipino has been granted license and allowed to practice his profession in said country before a foreign applicant may be given license to practice in the Philippines. R. ALCESTIS M. After successfully completing a oneyear post graduate internship training at the Jose Reyes Memorial Medical Center. Fourth Dist. the qualifications of candidates for the board examinations. the courts may not grant the writ of mandamus to secure said privilege without thwarting the legislative will. without a definite showing that the aforesaid requirements and conditions have been satisfactorily met. No. called by the defense. Respondent. GUIANG). merely requires a foreign citizen to submit competent and conclusive documentary evidence. stating among others that should he successfully pass the same. in his capacity as Chairman of the Board. Jesus I. married to a Filipina. 10. possibilities. i. respondent filed with the trial court a complaint for damages against several doctors. and the implied finding that this was a human being rests on a factual basis and not upon speculation. 1988. he did so in accordance with the letter of the law. Issue: Whether or not the child herein was born alive and became a human being within the meaning of the homicide statutes Held: Yes The evidence is sufficient to support a finding. While it may be said that there was some conflict between the testimony of these two doctors no more than a conflict appears. Republic Act (R. stated thus: Respondent Zenaida Magud-Logmao is the mother of deceased Arnelito Logmao. The finding of the jury is sufficiently supported. who allegedly saw the former fall from the overpass near the Farmers’ Market in Cubao. A factual question was presented and the opinion of the autopsy physician was evidence which could be considered by the jury. Sherine L.) No. Petitioner. that a live child was actually born here. The appellate court affirmed the trial court's finding that there was negligence on petitioner's part when he failed to ensure that reasonable time had elapsed to locate the relatives of the deceased before giving the authorization to remove said deceased's internal organs for transplant purposes. While he admitted that he had not used certain tests suggested by the other doctor he stated that he knew of these tests but he did not consider them necessary here. Rodel 9 Capule’s Syllabus st Rivad. permission and/or authority is hereby given to the Department of Surgery to retrieve and remove the kidneys. Jennifer B. Dr. The doctor called by the defense had not seen the baby's body and his testimony was based upon his general laboratory experience. 2014 (3D) Facts: As the extensive search for the relatives of Arnelito yielded no positive result and time being of the essence in the success of organ transplantation. herein petitioner. Ona a Memorandum. Filoteo A. petitioner insists that he should not be held responsible for any damage allegedly suffered by respondent due to the death of her son and the removal of her son’s internal organs for transplant purposes. to authorize the removal of specific organs from the body of Arnelito for transplantation purposes. 1988 issued by petitioner. Dr. o Thus. Transplant Coordinator. which reads as follows: As shown by the medical records.D. At the NKI.. a neurosurgeon and attending physician of Arnelito. | 1 Sem AY 2015 – 2016 | Arellano University School of Law . a neurologist. Arnelito had been pronounced brain dead by Dr. Quezon City. in our opinion. was immediately attended to and given the necessary medical treatment. CA affirmed the lower court’s decision. 349 as amended and P. Ona requested Dr. Ona inquired from Jennifer Misa instructed his subordinates to "make certain" that whether the relatives of Arnelito had been located so "all reasonable efforts" are exerted to locate the that the necessary consent for organ donation could patient's next of kin. including petitioner herein. Misa. alleging that they conspired to remove the organs of Arnelito while the latter was still alive and that they concealed his true identity. Petitioner Dr. even enumerating ways in be obtained. as well as through police and other government agencies and that the NBI [MedicoLegal] Section has been notified and is aware of the case. The Memorandum dated March 3.) 856. If it could be said that there might be a possible doubt with respect to this phase of the case. No. pancreas. With respect to the test most relied upon by the defense. and that it follows that the question of whether this infant was born alive and became a human being rests entirely on pure speculation. 1988 at 9:10 in the morning due to craniocerebral injury. This baby was completely removed from its mother and even the placenta was removed. liver and heart of the said deceased patient and to transplant the said organs to any compatible patient who maybe in need of said organs to live and survive. Abdias V.D. Upon learning that Arnelito was a suitable organ donor and that some NKI patients awaiting organ donation had blood and tissue types compatible with A careful reading of the above shows that petitioner Lugmoso. having the duty to do so.A. it cannot be said that there was necessarily a reasonable doubt. Case Digest and Related Provisions on Legal Medicine based on Atty. making petitioner liable for damages Held: No Petitioner maintains that when he gave authorization for the removal of some of the internal organs to be transplanted to other patients. it was stated by both doctors that this test would show only what the autopsy physician testified he had discovered by other means. 349. If all the above has been complied with. Arnelito. The question was one of fact for the jury and. was asked to locate his family by enlisting police and media assistance. Hence this petition. ALANO. and by Dr. FILOTEO A.R. Issue: W/N respondent's sufferings were brought about by petitioner's alleged negligence in granting authorization for the removal or retrieval of the internal organs of respondent's son who had been declared brain dead. Filoteo Alano liable for damages to plaintiff and dismissing the complaint against the other defendants for lack of legal basis. Alano. Aquino. The next day. the evidence is sufficient to support its findings. On March 3. Antonio Rafael. Filoteo Alano is the Executive Director of the National Kidney Institute (NKI). and that it died because of the negligence of the appellant in failing to use reasonable care in protecting its life. in accordance with the provisions of Republic Act No. Respondent.e. 856. vs. Alano issued to Dr. the said patient died on March 3. As he had no relatives around. His opinion was that the baby was born alive and that it breathed and had heart action. ZENAIDA MAGUDLOGMAO. beyond a reasonable doubt. giving his subordinates instructions to exert all reasonable efforts to locate the relatives or next of kin of respondent's son. as amended by Presidential Decree (P. such as appeal through the radios and television. G. 175540 | April 7. He gave good reasons for that opinion and while he admitted that there could be a possible doubt his evidence justifies the inference that there was no valid ground for a reasonable doubt. and that a repeat electroencephalogram (EEG) was in progress to confirm the diagnosis of brain death. SPECIAL LAWS APPLICABLE TO PHYSICIANS II DR. Consequently. Please make certain that your Department has exerted all reasonable efforts to locate the relatives or next-of-kin of the said deceased patient. Dr. The court a quo rendered judgment finding only Dr. who was brought to the East Avenue Medical Center (EAMC) in Quezon City by two sidewalk vendors. provided for special registration within a specified period to address the problem of under-registration of births as well as deaths. culture. midwife. the late registration of births and deaths occurring within the period starting from 1 January 1974 up to the date when the decree became effective. as amended. The trial and appellate courts found that it was the EAMC. the doctors concerned also the sought the opinion and approval of the Medico-Legal Officer of the NBI.D. The local civil registrar. was born on 30 October 1948. The report referred to above shall be accompanied with an affidavit describing the circumstances surrounding the delayed registration. If there was no attendant at birth. as amended. by the attending physician. 170645 | July 9.D. religion or belief of their parents. 2010 (2D) Facts: Reynaldo Pillazar. and acting only in accordance with the requirements of the law. Registration of births. As a general law. otherwise known as An Act Requiring the Registration of Births and Deaths in the Philippines which Occurred from 1 January 1974 and Thereafter. provides: Sec. Thus. The NKI could not have obtained the information about his name from the patient. 1. No. whether the mother is a permanent resident or transient in the Philippines. o Verily. (Emphasis supplied) Sec. o Such instructions reveal that petitioner acted prudently by directing his subordinates to exhaust all reasonable means of locating the relatives of the deceased. No. fault cannot be laid at petitioner's door. (Emphasis supplied) Presidential Decree No. 1-83. The registration of the birth of babies referred to in the preceding section must be done within sixty (60) days from the date of effectivity of this decree without fine or fee of any kind. Nieves Baldos also appeared as the informant on the certificate of live birth. race. petitioner could not have been faulted for having full confidence in the ability of the doctors in the Department of Surgery to comprehend the instructions. On 8 March 1995. alias Reynaldo Baldos. NIEVES ESTARES BALDOS. the birth of a child shall be registered in the office of the local civil registrar within 30 days from the time of birth.k. National Census Statistics Office (NCSO) Administrative Order No. 651. REYNALDO ESTARES BALDOS. Held: Yes Presidential Decree No. 76612 amended P. who recorded the wrong information regarding the deceased's identity to NKI.a. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 10 . Nieves Baldos filed in RTC for cancellation of the late registration of Reynaldo’s birth. o Prior to performing the procedure for retrieval of the deceased's internal organs. who had the opportunity to ascertain the name of the deceased. 3753 in this case. not otherwise covered by P. The only question that remains pertains to the sufficiency of time allowed for notices to reach the relatives of the deceased. Furthermore. midwife. is required to publicly post for at least ten days a notice of the Issue: Whether the late registration of Reynaldo’s birth is valid Case Digest and Related Provisions on Legal Medicine based on Atty. All babies born in hospitals. then the parents or the responsible member of the family alone shall be primarily liable in case of failure to register the new born child. He could not have made his directives any clearer. as found by the lower courts from the records of the case. He even specifically mentioned that permission is only being granted IF the Department of Surgery has complied with all the requirements of the law. which took effect on 27 February 1931. nurse. 651. Since Reynaldo was born on 30 October 1948. because as found by the lower courts. without fine or fee of any kind. vs. occurring from 27 February 1931 onwards. upon receiving an application for delayed registration of birth. Sherine L. 651. 1. No. the deceased was already unconscious by the time he was brought to the NKI. obeying all his directives. and whose births have not yet been registered must be reported for registration in the office of the local civil registrar of the place of birth by the physician. No. there can be no cavil that petitioner employed reasonable means to disseminate notifications intended to reach the relatives of the deceased. o If respondent failed to immediately receive notice of her son's death because the notices did not properly state the name or identity of the deceased. G. his birth was not registered in the office of the local civil registrar until roughly 36 years later or on 11 February 1985. the late registration of his birth is outside of the coverage of P. by either parent or a responsible member of the family or a relative. The parents or the responsible member of the family and the attendant at birth or the hospital or clinic administrator referred to above shall be jointly liable in case they fail to register the new born child. 651 by extending the period of registration up to 31 December 1975. private homes. COURT OF APPEALS and REYNALDO PILLAZAR a. in default of the same. Respondents. Rodel Capule’s Syllabus Rivad. Any report of birth made beyond the reglementary period is considered delayed. 1974 up to the date when this decree becomes effective. or if the child was not born in a hospital or maternity clinic. 3753 applies to the registration of all births. or hospital or clinic administrator who attended the birth or in default thereof. 2. His certificate of live birth indicated Nieves Baldos as his mother and Bartolome Baldos as his father. maternity clinics. 3753. It allowed. as amended. Babies born after the effectivity of this decree must be registered in the office of the local civil registrar of the place of birth within thirty (30) days after birth. Considering that the late registration of Reynaldo’s birth took place in 1985. hilot or hospitals or clinic administrator or. Under NCSO A. 651. the doctors and personnel of NKI disseminated notices of the death of respondent's son to the media and sought the assistance of the appropriate police authorities as early as March 2. No. or any person who has knowledge of the birth of the individual child. substituted by FRANCISCO BALDOS and MARTIN BALDOS. even before petitioner issued the Memorandum. 1988.D. It also clearly stated that permission or authorization to retrieve and remove the internal organs of the deceased was being given ONLY IF the provisions of the applicable law had been complied with. P. or elsewhere within the period starting from January 1. irrespective of the nationality. Act No. by either parent or a responsible member of the family or any person who has knowledge of the birth. No. However. nurse. Series of 1983 governs the implementation of Act No. The late registration of Reynaldo’s birth falls under Act No. which to ensure that notices of the death of the patient would reach said relatives. otherwise known as the Civil Registry Law. She claimed that Reynaldo was not really her son. hilot. Period of registration of births. Petitioners.R.O.D. the trial court and the Court of Appeals correctly denied for lack of merit the petition to cancel the late registration of Reynaldo’s birth. not a right. he must present proper or reasonable cause or any compelling reason justifying such change. the Court of Appeals correctly dismissed petitioner’s petition in so far as the change of his first name was concerned. It was also filed in the wrong venue as the proper venue was in the Office of the Civil Registrar of Manila where his birth certificate is kept. changing petitioner’s first name for his declared purpose may only create grave complications in the civil registry and the public interest. he should register the same. 174689 | October 22. His attempts to transform himself to a "woman" culminated on January 27. Section 1 of RA 9048 provides: SECTION 1. Records show that no less than Nieves herself informed the local civil registrar of the birth of Reynaldo. It was an improper remedy because the proper remedy was administrative. It vests the power and authority to entertain petitions for change of first name to the city or municipal civil registrar or consul general concerned. Between the facts stated in a duly registered public document and the flip-flopping statements of Nieves. Rather than avoiding confusion. In sum. marriage. Issue: Whether or not a person successfully petition for a change of name and sex appearing in the birth certificate to reflect the result of a sex reassignment surgery Held: No. he consulted several doctors in the United States. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 11 . Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname. He underwent psychological examination. Second. The books making up the civil register are considered public documents and are prima facie evidence of the truth of the facts stated there. First. He was thereafter examined by Dr. Nieves claimed that Reynaldo was her son. The State has an interest in the names borne by individuals and entities for purposes of identification. It likewise lays down the corresponding venue. the petition in the trial court in so far as it prayed for the change of petitioner’s first name was not within that court’s primary jurisdiction as the petition should have been filed with the local civil registrar concerned. He further alleged that he is a male transsexual. therefore. "anatomically male but feels. Feeling trapped in a man’s body. any prejudice that he might suffer as a result of using his true and official name. even the trial court itself found that the petition was but petitioner’s first step towards his eventual marriage to his male fiancé. Petitions for change of name are controlled by statutes. is a special contract of permanent union between a man and a woman. one of the most sacred social institutions. after the lapse of ten long years from the approval on 11 February 1985 of the application for delayed registration of Reynaldo’s birth. The intent and effect of the law is to exclude the change of first name from the coverage of Rules 103 (Change of Name) and 108 (Cancellation or Correction of Entries in the Civil Registry) of the Rules of Court. It was only on 8 March 1995. RA 9048 does not sanction a change of first name on the ground of sex reassignment. Under the law. but for petitioners who are assailing the certificate to prove its alleged falsity. as a duly registered public document. As a public document. REPUBLIC OF THE PHILIPPINES. it had no merit since the use of his true and official name does not prejudice him at all. that is. Article 376 of the Civil Code provides: ART. we are more inclined to stand by the former. he must show that he will be prejudiced by the use of his true and official name..R. The changes sought by petitioner will have serious and wideranging legal and public policy consequences. For all these reasons. Case Digest and Related Provisions on Legal Medicine based on Atty. She should have done so within the ten-day period prescribed by law. a plastic and reconstruction surgeon in the Philippines. If after ten days no one opposes the registration and the local civil registrar is convinced beyond doubt that the birth should be registered. that Nieves registered her opposition. Jr. He intended to make his first name compatible with the sex he thought he transformed himself into through surgery. 376. there are various laws which apply particularly to women such as the provisions of the Labor Code on employment of women. In particular. until and unless an administrative petition for change of name is first filed and subsequently denied. that is. A change of name is a privilege. a change of name does not alter one’s legal capacity or civil status. assuming it could be legally done. However. In this case. Before a person can legally change his given name. he failed to show. Sherine L. Facts: Petitioner Rommel Jacinto Dantes Silverio filed a petition for the change of his first name and sex in his birth certificate. At the time of her application for delayed registration of birth. except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations. a registered certificate of live birth enjoys the presumption of validity. G. However. thinks and acts as a female" and that he had always identified himself with girls since childhood. Marcelino Reysio-Cruz. petitioner. is presumed to have gone through the process prescribed by law for late registration of birth. It is not for Reynaldo to prove the facts stated in his certificate of live birth. form and procedure. Rodel Capule’s Syllabus Rivad. In this connection. certain felonies under the Revised Penal Code and the presumption of survivorship in case of calamities under Rule 131 of the Rules of Court. In sum. No. not judicial. respondent. who issued a medical certificate attesting that he (petitioner) had in fact undergone the procedure. or even allege. jurisdiction over applications for change of first name is now primarily lodged with the aforementioned administrative officers. Petitioners miserably failed to do so. Applications for delayed registration of birth go through a rigorous process. – No entry in a civil register shall be changed or corrected without a judicial order. A Person’s First Name Cannot Be Changed On the Ground of Sex Reassignment. It will allow the union of a man with another man who has undergone sex reassignment (a male-to-female postoperative transsexual).pending application for delayed registration. that provided under RA 9048. In addition. More importantly. One of its essential requisites is the legal capacity of the contracting parties who must be a male and a female. the remedy and the proceedings regulating change of first name are primarily administrative in nature. No person can change his name or surname without judicial authority. 2007 (1D) vs. 2001 when he underwent sex reassignment surgery in Bangkok. Petitioner’s basis in praying for the change of his first name was his sex reassignment. Thus. RA 9048 now governs the change of first name. Thailand. This Civil Code provision was amended by RA 9048 (Clerical Error Law). Reynaldo’s certificate of live birth. ROMMEL JACINTO DANTES SILVERIO. To grant the changes sought by petitioner will substantially reconfigure and greatly alter the laws on marriage and family relations. hormone treatment and breast augmentation. an ambiguous genitalia often appearing more male than female. More commonly. and her name from "Jennifer" to "Jeff. An organism with intersex may have biological characteristics of both male and female sexes. we are of the view that where the person is biologically or naturally intersex the determining factor in his gender classification would be what the individual.000 children are born with CAH. Life is already difficult Case Digest and Related Provisions on Legal Medicine based on Atty. She then alleged that for all interests and appearances as well as in mind and emotion. Nature has instead taken its due course in respondent’s development to reveal more fully his male characteristics. underwent an ultrasound where it was discovered that she has small ovaries. with this condition produces too much androgen." The current state of Philippine statutes apparently compels that a person be classified either as a male or as a female. In the instant case. However. we consider the compassionate calls for recognition of the various degrees of intersex as variations which should not be subject to outright denial. genitalia. Sexual development in cases of intersex persons makes the gender classification at birth inconclusive. CAH is one of many conditions that involve intersex anatomy. like respondent. then a change in the subject’s birth certificate entry is in order. But if we determine.000 to 18. she prayed that her birth certificate be corrected such that her gender be changed from female to male and her first name be changed from Jennifer to Jeff. a male hormone. In her petition. In deciding this case. tests revealed that her ovarian structures had minimized. (2) normal internal structures of the female reproductive tract such as the ovaries." under Rules 103 and 108 of the Rules of Court can be properly granted Held: Yes Respondent undisputedly has CAH. Respondent is the one who has to live with his intersex anatomy. Respondent could have undergone treatment and taken steps. Thus. and failure to menstruate at puberty. respondent has ambiguous genitalia and the phenotypic features of a male. some features start to appear male. intersexuality "is the state of a living thing of a gonochoristic species whose sex chromosomes. In the absence of a law on the matter. Neither will the Court force respondent to undergo treatment and to take medication in order to fit the mold of a female. as the child grows older." Intersex individuals are treated in different ways by different cultures. In the absence of evidence that respondent is an "incompetent" and in the absence of evidence to show that classifying respondent as a male will harm other members of society who are equally entitled to protection under the law. In other words. 2008 (2D) Facts: Respondent Jennifer Cagandahan filed a Petition for Correction of Entries in Birth Certificate. is fixed. She further alleged that she was diagnosed to have clitoral hyperthropy in her early years and at age six. This condition causes the early or "inappropriate" appearance of male characteristics. CAGANDAHAN G. respondent’s body system naturally produces high levels of male hormones (androgen). In so ruling we do no more than give respect to (1) the diversity of nature. we respect respondent’s congenital condition and his mature decision to be a male.among others. based on medical testimony and scientific development showing the respondent to be other than female. such as deepening of the voice. A person. medicine adopted the term "intersexuality" to apply to human beings who cannot be classified as either male or female. In most societies. Biologically. About 1 in 10. JENNIFER B. to force his body into the categorical mold of a female but he did not. Since the rise of modern medical science in Western societies. He chose not to do so. on the ground of her medical condition known as CAH. and/or secondary sex characteristics are determined to be neither exclusively male nor female. the Court affirms as valid and justified the respondent’s position and his personal judgment of being a male.R. Respondent here has simply let nature take its course and has not taken unnatural steps to arrest or interfere with what he was born with. Respondent has female (XX) chromosomes. as society commonly currently knows this gender of the human species. Ultimately. Sherine L. No. 1981 and was registered as a female in the Certificate of Live Birth but while growing up. if we determine respondent to be a female. During the twentieth century. And accordingly. whether by surgery and/or by taking lifetime medication in order to mold the individual as neatly as possible into the category of either male or female. she has become a male person. a ‘no-man’s land’ for those individuals who are neither truly ‘male’ nor truly ‘female’. nature endowed respondent with a mixed (neither consistently and categorically female nor consistently and categorically male) composition. A newborn who has XX chromosomes coupled with CAH usually has a (1) swollen clitoris with the urethral opening at the base. Petitioner REPUBLIC vs. like respondent. to him should belong the primordial choice of what courses of action to take along the path of his sexual development and maturation. At age thirteen. The Court will not consider respondent as having erred in not choosing to undergo treatment in order to become or remain as a female. Thus. According to Wikipedia. but this Court is not controlled by mere appearances when nature itself fundamentally negates such rigid classification. and (2) how an individual deals with what nature has handed out. intersex individuals have been expected to conform to either a male or female gender role. 166676 | September 12. she developed secondary male characteristics and was diagnosed to have Congenital Adrenal Hyperplasia (CAH) which is a condition where persons thus afflicted possess both male and female characteristics. the Court will not dictate on respondent concerning a matter so innately private as one’s sexuality and lifestyle preferences. As a result. These laws underscore the public policy in relation to women which could be substantially affected if petitioner’s petition were to be granted. an intersex individual is considered as suffering from a "disorder" which is almost always recommended to be treated. with good reason thinks of his/her sex. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 12 . some intersex people with ambiguous external genitalia have had their genitalia surgically modified to resemble either male or female genitals. To him belongs the human right to the pursuit of happiness and of health. having reached the age of majority. like taking lifelong medication. then there is no basis for a change in the birth certificate entry for gender. he has already ordered his life to that of a male. Issue: Whether or not respondent’s petition of correction of entries in the birth certificate of respondent to change her sex or gender. The term is now of widespread use. from female to male. Respondent here thinks of himself as a male and considering that his body produces high levels of male hormones (androgen) there is preponderant biological support for considering him as being male. much less on whether or not to undergo medical treatment to reverse the male tendency due to CAH. like respondent. she has stopped growing and she has no breast or menstrual development. "It has been suggested that there is some middle ground between the sexes. she alleged that she was born on January 13. It is at maturity that the gender of such persons. facial hair. uterus and fallopian tubes. Rodel Capule’s Syllabus Rivad. we find merit in respondent’s change of name. Case Digest and Related Provisions on Legal Medicine based on Atty. Sherine L. Considering the consequence that respondent’s change of name merely recognizes his preferred gender. this Court has held that a change of name is not a matter of right but of judicial discretion. Rodel Capule’s Syllabus Rivad. to be exercised in the light of the reasons adduced and the consequences that will follow. Such a change will conform with the change of the entry in his birth certificate from female to male. We cannot but respect how respondent deals with his unordinary state and thus help make his life easier.[28] The trial court’s grant of respondent’s change of name from Jennifer to Jeff implies a change of a feminine name to a masculine name. As for respondent’s change of name under Rule 103. | 1st Sem AY 2015 – 2016 | Arellano University School of Law 13 . considering the unique circumstances in this case.for the ordinary person.