MEDICAL JURISPRUDENCE

Law and Practice of Medicine

 The State must maintain high standard of practice by setting up rules and regulations with regards to
qualifications and procedure for the admission to the profession.
 To guarantee the safety of the patient
 Impose liability to practitioner who through his act or omission causes damage or injury to the health and welfare
of the patient
 The right to regulate the practice is based on the police power of the state

3 inherent powers of the state

1. Police Power
 power of promoting the public welfare by restraining and regulating the use of both liberty and property of
all the people
 considered to be the most encompassing of all 3 powers
2. Power of Eminent domain
 Affect only property rights
 May be exercised by some private entities
 The property forcibly taken under this power, upon payment of just compensation is needed for
conversion to public use or purpose
3. Power of Taxation
 affects only property rights and may be exercised only by the government
 the property taken under this power shall likely be intended for public use or purpose

Police Power of the State Governing the Practice of Medicine

 TABLARIN vs GUTIERREZ (GR No. 78764, July 31, 1987)

Fact: The petitioners (Tablarin et. al) sought to enjoin the Secretary of Education, Culture and Sports, the
Board of Medical Education and the Center for Educational Measurement from enforcing a requirement
the taking and passing of the NMAT as a condition for securing certificates of eligibility for admission,
from proceeding with accepting applications for taking the NMAT and from administering the NMAT as
scheduled on 26 April 1987 and in the future. The trial court denied said petition and the NMAT was
conducted and administered as scheduled.

Issue: Whether NMAT requirement for admission to medical colleges contravenes the Constitutional
guarantee for the accessibility of education to all, and whether such regulation is invalid and/or
unconstitutional.

◊ RA 2382 – Board of Medical Educaiton

 Sec. 5 (a) – to determine and prescribe requirements for admission into a recognized college
of medicine
Sec. 7 – Admission requirements  (b) a certificate of eligibility for entrance to a medical school
from the Board of Medical Education
◊ MECS Order No. 52, s. 1985 – established a uniform admission test called NMAT. Before 1985 –
there was no NMAT; there was no set passing rate; there was very many applicants in medical
students but the slots were limited

 DECS vs San Diego (GR No. 89572, Dec. 21, 1989)

Fact: Roberto Rey San Diego, a graduate of the University of the East with a degree of B.S. Zoology, had
taken and flunked 4 National Medical Admission Tests and was applying to take another test. NMAT Rule
provides that a student shall be allowed only three (3) chances to take the test. After three successive
failures, a student shall not be allowed to take the NMAT for the fourth time. The Regional Trial Court held
that the petitioner had been deprived of his right to pursue a medical education through an arbitrary
exercise of the police power.

ISSUE: Whether or not the respondent has been deprived of his right to quality education.

RULING: NMAT is a measure intended to limit the admission to medical schools to those who have
initially proved their competence and preparation for a medical education. The regulation of practice of
 medicine is a reasonable method of protecting the health and safety of the public. This regulation includes
the power to regulate admission to the ranks of those authorized to practice medicine. NMAT is a means
of achieving the country’s objective of “upgrading the selection of applicants into medical schools” and of
“improving the quality of medical education in the country” It is 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.
The right to quality education is not absolute. The Constitution provides that every citizen has the right to
choose a profession or course of study, subject to fair, reasonable, and equitable admission and
academic requirement.
The equal protection requires equality among equals. There would be unequal protection if some
applicants who have passed the tests are admitted and others who have also qualified are denied
entrance.
The petition has been granted and the decision of the respondent court has been reversed.

While every person is entitled to aspire to be a doctor, he does not have a constitutional right to
be a doctor.  The right to quality education is not absolute . . . one must show that he is entitled
to it because of his preparation and promise.

Practice of Medicine
 It is a privilege or franchise granted by the State to any person to perform medical acts upon.
 It is diagnosing and applying and the usage of medicine and drugs for curing, mitigating, or relieving bodily
disease or conditions.
Physician
 a person who after completing his secondary education follows a prescribed course of medicine at a recognized
university or medical school, at the successful completion of which, is legally licensed to practice medicine by the
responsible authorities and is capable of undertaking the prevention, diagnosis, and treatment of human illness by
the exercising independent judgment and without supervision(WHO)