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LEGAL RESPONSIBILITIES
level: LEGAL RESPONSIBILITIES
Questions and Answers List
level questions: LEGAL RESPONSIBILITIES
Question
Answer
Is the power to hear, determine, ascertain facts, and decide by the application of rules of law to the ascertained facts in the enforcement and administration of law
ADMINISTRATIVE ADJUDICATORY OR QUASI-JUDICIAL POWER
TRUE OR FALSE: All administrative agencies of the government that do hearings and determine if the complaints are true or not, they are doing functions of court but they are not actually court so they are called administrative adjudicatory or quasi-judicial power
TRUE
TRUE OR FALSE: In all due process there is always an opportunity to be heard
TRUE
one that conducts hearings for those that receive lawsuits
committee
Has a quality resembling that of judicial proceeding
Nature of Administrative Proceedings
Proceedings before the PRC and the PRBs, like the Board of Dentistry, are all in the nature of __________
quasi-judicial proceedings
ESSENTIAL REQUIREMENTS OF ADMINISTRATIVE DUE PROCESS: An opportunity to present his case and to ____ evidence
adduce
ESSENTIAL REQUIREMENTS OF ADMINISTRATIVE DUE PROCESS: ________must consider the evidence presented
Tribunal
ESSENTIAL REQUIREMENTS OF ADMINISTRATIVE DUE PROCESS: The decision must be supported by ____
itself
ESSENTIAL REQUIREMENTS OF ADMINISTRATIVE DUE PROCESS: The evidence must be ____
substantial
ESSENTIAL REQUIREMENTS OF ADMINISTRATIVE DUE PROCESS: The decision must be rendered on the _______
evidence presented
ESSENTIAL REQUIREMENTS OF ADMINISTRATIVE DUE PROCESS: The board or its judges must act ____
impartially
ESSENTIAL REQUIREMENTS OF ADMINISTRATIVE DUE PROCESS: The decision must be rendered in such a manner that the parties to the proceedings will know the ____ involved, and the ____ for the decision rendered
various issues; reasons
ADMINISTRATIVE CHARGES VS. PUBLIC HEALTH WORKER: shall be heard by a
committee
composition of committee
Provincial/city public health officer and chairperson
in the absence of a chairperson, he is to be replaced by a local counterpart:
Supervisor of the district of the dentist
the chairperson and supervisor of the district of the dentist is designated by
Provincial/city public health officer
ADMINISTRATIVE CHARGES VS. PUBLIC HEALTH WORKER: The committee shall submit its findings and recommendations to the Secretary of Health within__________ from the termination of the hearings
thirty (30) days
ADMINISTRATIVE CHARGES VS. PUBLIC HEALTH WORKER:Where the provincial health officer is an interested party, all the members of the committee shall be appointment by the________
secretary of health
SAFEGUARDS IN DISCIPLINARY PROCEDURES: The right to be informed, in____, of the charges
writing
SAFEGUARDS IN DISCIPLINARY PROCEDURES: The right to ____to the evidence in the case
full access
SAFEGUARDS IN DISCIPLINARY PROCEDURES: The right to __________________ adequate time given to the public health worker for the preparation of his/her defense
defend himself/herself, to be defended by a representative of his/her choice,
SAFEGUARDS IN DISCIPLINARY PROCEDURES: The right to ______presented against him/her and _____ in his/her behalf
confront witnesses; summon witnesses
SAFEGUARDS IN DISCIPLINARY PROCEDURES: The right to _____
appeal
SAFEGUARDS IN DISCIPLINARY PROCEDURES: The right to _________incurred in his/her defense in case of _______of the charges
reimbursement of reasonable expenses; exoneration or dismissal
SAFEGUARDS IN DISCIPLINARY PROCEDURES: Such other rights as will ensure ____ during proceedings
fairness and impartiality
GROUNDS FOR ADMINISTRATIVE PROCEEDINGS: Conviction by a court of competent jurisdiction of any criminal offense involving ____
moral turpitude
GROUNDS FOR ADMINISTRATIVE PROCEEDINGS: ____ or _____conduct
Immoral; dishonorable
TRUE OR FALSE: insanity is not a grounds for administrative proceedings
FALSE
GROUNDS FOR ADMINISTRATIVE PROCEEDINGS: __ in the acquisition of the certificate of registration
Fraud
GROUNDS FOR ADMINISTRATIVE PROCEEDINGS: Gross _________ in the practice of his profession
negligence or incompetence
GROUNDS FOR ADMINISTRATIVE PROCEEDINGS: _____ to alcoholic beverages or to any _______ rendering him _______ to practice his profession
Addiction; habit-forming drugs; incompetent
GROUNDS FOR ADMINISTRATIVE PROCEEDINGS: _____________ advertisement wherein other things than his name, profession, limitation of practice, office, and home address are mentioned
False or extravagant or unethical
GROUNDS FOR ADMINISTRATIVE PROCEEDINGS: Aiding or acting as a ____________ person to practice dentistry
dummy of an unqualified or unregistered
GROUNDS FOR ADMINISTRATIVE PROCEEDINGS: Violation of any provisions of the _______, the ________, and their respective rules and regulations
Philippine Dental Act of 2007;PRC Modernization Act of 2000
GROUNDS FOR ADMINISTRATIVE PROCEEDINGS: Conduct ______ to the dental profession
discreditable
grounds for adminstrative proceedings are strated in what section of RA 9484
Section 22
RULES OF PROCEDURE AT THE PROFESSIONAL REGULATION COMMISSION: series of 2006
PRC Resolution No. 06-342
RULES OF PROCEDURE AT THE PROFESSIONAL REGULATION COMMISSION: series of 2013
PRC Resolution No. 2013-775
RULES OF PROCEDURE AT THE PROFESSIONAL REGULATION COMMISSION: series of 2017
Resolution No. 2017-1033(A)
RULES OF PROCEDURE AT THE PROFESSIONAL REGULATION COMMISSION: currently followed by PRC
Resolution No. 2017-1033(A), Series of 2017
verified with certification against forum shopping
Complaint
TRUE OR FALSE: an administrative complaint can either be anonymous or verified
FALSE
TRUE OR FALSE: an administrative complaint has to be notarized
TRUE
how many days is given to answer a summon
15 days
TRUE OR FALSE: after submitted complaint both parties are called immediately to court
FALSE
if both parties, come to an agreement at the pre-trial conference what is the next step
Summary Judgement
TRUE OR FALSE: cases of negligence and malpractice need trial
TRUE
LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST:If you received the decision of the board and you are not satisfied, you can appeal to the
PRC
LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST:If you are not contented with the decision of the PRC, you can appeal to the
Court of appeals
LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST:If you are not contented with the decision of the CA, you can appeal to the
Supreme court
submitting numerous same complaints against the same dentist/practitioner; illegal and may be discredited
Forum Shopping
order of the court or quasi-judicial agency to an individual called to appear in court or hearing to file an answer through personal service or registered mail
Summons
within 15 days from receipt of summons; attach all records necessary; failure to answer would mean a default, wherein the board decides with the complainant’s documents alone
Answers
presentation of documents submitted of both parties in the presence of their lawyers
Pre-Trial Conference
depending on the pre-trial conference
Summary Judgement or go to Trial
___________then execution of decision unless appealed; decision must support itself and must be rendered on the evidence presented
Decision by the BOD
done when you are not satisfied with the decision of the Board of Dentistry
Appeal to the Commission (Sec. 6, Rule XVI)
done when you are not satisfied with the decision of the PRC
Appeal to Court of Appeals (Sec. 8, Rule XVI)
EXECUTION OF DECISION:division of PRC that executes the final decision, orders, or resolution of the commission or board in coordination with the concerned Association of (Integrated) Professional Organization and concerned government agencies
Legal and Investigation Division (LID)
"EXECUTION OF DECISION:for penalty of suspension or revocation, ____ responsible for safekeeping of the surrendered COR and PIC
Legal and Investigation Division (LID)
Whatever the decision on the sentence will be filed after __ days
15
TRUE OR FALSE: when you are served a lawsuit, you can still practice while there is no final decision
TRUE
If you are suing PRC commissioners, you can appeal to the _________
office of the president
The principle long upheld by it that administrative findings of fact that are supported by substantial evidence must be treated by courts as final. This follows a trend in modern legislation known as the ___________, which is justified by the comity that courts extend to the executive branch and the recognition of the expertise of administrative agencies in dealing with particular questions of fact
doctrine of conclusive finality
ADMINISTRATIVE APPEAL AND REVIEW:Independently of _______, the President, as the administrative head, and under his constitutional power of control of executive department, bureaus and offices, on his motion or on appeal of some individual who might deem himself aggrieved by the action of an administrative official exercise his power of revision
statutory authority