CITY UNIVERSITY OF PASAY i

THEORIES AND PRACTICES

IN PUBLIC GOVERNANCE

PHILIPPINES ADMINISTRATIVE
SYSTEM

CARMELO V. MARANAN
September 2018
 CITY UNIVERSITY OF PASAY ii

APPROVAL AND ACCEPTANCE SHEET

This Thesis entitled

THE PHILIPPINE DENTAL ACT OF 2007: AN ANALYSIS

prepared and submitted by ALELITA V. MARANAN in partial fulfillment of

the requirements for the degree of Juris Doctor is hereby approved.

_________________________
Adviser

Defended before a PANEL OF EXAMINERS on

_____________________.

_________________________
Chairman

_________________________ _________________________
Member Member

Accepted in partial fulfillment of the requirements for the degree of

Juris Doctor.

_________________________
Dean
 CITY UNIVERSITY OF PASAY iii

ACKNOWLEDGEMENT

This study could not have materialized and be completed had it not
been through the inspiration, support and assistance of my family and the
following special people:

Atty. Remiebel Mondia, my professor in Thesis Writing for her

unequivocal support and guidance during my thesis research and
approval of my request to undertake the present study and professional
guidance towards its completion;

To Atty. Adrian Arpon, my adviser, for his unwavering support and

patience during and even after the research period.

To my panel of examiners: Atty. Frederick Separa, Dean

Severino Madrona Jr. and Atty. Remiebel Mondia, for their valuable
insights, comments and suggestions to improve my thesis;

To the officers and personnel of the Professional Regulation

Commission, Legal Department headed by Atty. Jaime Adolor and his
Legal Officer Mr. Christopher R. Dayego and Ms. Audrey Ana M.
Amparo, for their valuable assistance while I was gathering the necessary
data for my study;

To the Dean’s office staff: Ms. Jean, Ms Eloisa, and Ms TintIn, for
their understanding and patience on inquiries about books and journals;

To my beloved professors: Dean Severino Madrona Jr., Judge

Caridad Cuerdo, Atty. Maverick Sevilla, Atty. Filipinas Geronimo, Atty.
Charlo Paredes, Atty. Eleazar Gonzales, for the knowledge that you
have impart to me;
 CITY UNIVERSITY OF PASAY iv

To my classmates at Law School: Liza Esperanza, Irene

Dimapilis, J.P. Satosa, Rico Cruz, Rochel Cabrera for giving me
courage during recitations and making another episode in my school life
an enjoyable and memorable experience;

To Dr. Cecile Lagrosa- Manuel, my mentor, personal adviser most

especially during my graduate studies;

To my friends: Dr, Becky Bolilia, Dr. Peachy Pie Sy, Dr. Marisa
Dela Cruz, Dr. Ian and Gia Icasas, Dr. Vivian Vega and Dr. Mon
Miranda for their understanding and lasting friendship that they shared to
me;

To my best friend Dr. Racquel B. Destura, who inspired me about

her case and take up this course, and open up my eyes regarding the
justice system in Public Administration;

To my beloved parents, Alejandro D. Vitug Jr. and Manolita S.

Vitug, who gave me life , love ,patience and advice. My Mama Norie who
believe in me for achieving all my dreams:

To my dearest husband, Dr. Carmelo M. Maranan, for bringing out

the best in me and my daughter Carline Ashley, my mirror image and my
inspiration, for their unconditional and unwavering support and most of all
for their trust and confidence in me; and

Lastly, to our Almighty God, for giving me wisdom and guidance

throughout my life and giving me strength in this toughest moments
particularly when trials come and I need to be reminded that “Public
Service is a Public Trust”, I sum up his support, this way: .

Then Samuel took a stone and set it up between Mizpah and

Shen. He named it Ebenezer, saying, “Thus far has the LORD
Helped Us” ---Samuel 7:12.

AVM
 CITY UNIVERSITY OF PASAY v

THE PHILIPPINE DENTAL ACT OF 2007:

AN ANALYSIS

ABSTRACT

A dentist, like a lawyer, is a much respected figure in our society.

He is the person whom we run to whenever we have problems in our oral
cavity. And it is inevitable that a certain points in our life, we need dental
attention or will be needed. An educated man in his field of expertise has
passed all the rigorous exam the country gives before he will be able to
have a license to practice. Experience and compassion to serve has been
his partner since dental school.

This study will utilize the descriptive and analytical methods of

research, the study will benefit dental practitioners since it will give them a
more in-depth understanding of R.A. 9484, which regulates the practice of
their profession against erring dental practitioners The study will also
benefit the patients who will have better knowledge of the obligations of
dental practitioners as well as the remedies that they may resort. The
study then examined how these laws are implemented, particularly
Republic Act No. 9484, otherwise known as the “THE Philippine Dental Act
of 2007”. Thereafter, using all the data gathered, the study analyzed the
problem areas in the law and its implementation. The study reveals that
the Dental Act of 2007 needs some portion to be amended. Apart from the
proposal of increasing the existing penalties imposed on those violating
the law. It must open the awareness of patient-dentist relationship.
 CITY UNIVERSITY OF PASAY vi

TABLE OF CONTENTS

Title Page

Title Page i
Approval and Acceptance Sheet ii
Acknowledgement iii
Abstract v
Table of Contents vi

CHAPTER 1 INTRODUCTION

A. Background of the Study 1

B. Objectives of the Study 3
C. Statement of the Problem 3
D. Significance of the Study 4
E. Scope and Limitations 4
F. Methodology 5
G. Definition of Terms 6

H. Organization of the Thesis 11

CHAPTER 2 PROFESSIONAL REGULATORY BOARD OF

DENTISTRY

A. Composition 14
B. Power and Function of the Board 14
C. Qualification of the Chairman and Members of the Board 17

D. Terms and Office 18

E. Compensation and Allowances of the Board 19
F. Suspension and Removal from Office 20
G. Annual Report 20
 CITY UNIVERSITY OF PASAY vii

CHAPTER 3 JUDICIAL COMMITTE

A. Composition 21
B. Term of Office 22
C. Disqualification of Member 22
D. Functions 23
E. Grievance Procedure 23

CHAPTER 4 RESULTS AND DISCUSSION

A. Evaluation of Cases Filed in the PDA and PRC 25

B. Common Covered Cases Filed by Patients 26

C. Problem Areas in the law and its implementation
a) Grounds for Cancellation/revocation of license 27

b) Penal provisions and penalty 29

D. Enforcement of the Act 30

CHAPTER 5 SUMMARY, CONCLUSION AND RECOMMENDATION

A. Summary 32
B. Conclusion 33
C. Recommendation 34

BIBLIOGRAPHY 35

ANNEXES

A. Letter of Request to PRC address to Atty. Jaime Adolor 37

B. Republic Act No. 9484 38

(The Philippine Dental Act of 2007)
C. Republic Act No. 8981 45
(PRC Modernization Act of 2000)
D. PRC Board Resolution No. 06-342, Series of 2006 51

(New Rules of procedure in Administrative Investigation

 CITY UNIVERSITY OF PASAY viii

In The Professional Regulation Commission and the

Professional Regulatory Board)

E. PRC Board Resolution No. 12, Series of 2007 67

(Rules and Regulation of R. A. No. 9484)
F. PRC Board Resolution No. 14, Series of 2008 81

(Code of Ethics for Dentists, Dental Hygienist and

Dental Technologist)
 CITY UNIVERSITY OF PASAY ix

CHAPTER I

INTRODUCTION

A. BACKGROUND OF THE STUDY

In the fast challenging world of the dental profession, great

innovations started to move everywhere. The desire of the patient to have

a great smile is the main goal. Individuals from different walks of life

especially those in the field of communication, entertainment, sales and

media are conscious to have this kind of vanity.

Under the realm of every successful dental management and

treatment, there will always be the scene of kindness in a dentist-patient

relationship. The dentist’s honest and sincere motivation towards doing

the right treatment for the patient makes every work a successful one.

In the late 1800’s oral health and oral medicine is no different from

the medical profession. Medicine has an exposure to common diseases

that are also found in dentistry. At that time, dentistry was still considered

a part of medicine.
 CITY UNIVERSITY OF PASAY x

The field of dentistry has come a long way since then. The dentist

has gone beyond the oral cavity, venturing into community, new territories

and expanding his horizons.

In the Philippines, the first regulatory law on dentistry, Act No. 593 1,

was enacted on January 10,1903. This was repealed by Republic Act No.

4172 which was approved on June 18, 1049. Additional laws were later

passed to further regulate and promote the practice of dentistry in the

Philippines, such as Republic Act No. 44193 and Republic Act No. 94844.

R.A. 9484 otherwise known as the “The Philippine Dental Act of

2007”, was passed by Congress on June 2, 2007 to regulate the practice

of dentistry, dental hygiene and dental technology in the Philippines. As a

policy statement, the state recognizes the importance of dentists, dental

hygienists and dental technologist whose standard of professional practice

and service shall be excellent, qualitative, world class and internationally

recognized, globally competitive through regulatory measure, programs

1
An Act Regulating the Practice of Dentistry in the Philippine Islands.
2
An Act to Regulate the Practice of Dentistry in the Philippines and for Other Purposes.
3
The Philippine Dental Act of 1965.
4
The Philippine Dental Act of 2007.
 CITY UNIVERSITY OF PASAY xi

and activities that foster their continuing professional development. The

enactment of the Philippine Dental Act of 2007 is a positive way of

keeping the profession intact, protecting the welfare of patients in seeking

dental treatment and preserving the dignity of the profession.

A complete grasp of knowledge by a dental practitioner coupled

with professionalism form a vital component of the dental profession, and

a renewed individual commitment for change brings each and every

dentist to unite for progress to inspire the quality of life of our people.

After all, “The sum total of what a dentist should be is one

endowed with general knowledge of his profession. To be a dentist is to be

a whole man complete with professional quality and integrity, with a big

heart and performsi to the best of his ability, to the profession to which he

share his expertise, and to his patients on whom he applies the tenets of

the Golden Rule”.5

B. OBJECTIVE OF THE STUDY

This study aims to analyze Republic Act No. 9484, otherwise known

as “The Philippine Dental Act of 2007”.

C. STATEMENT OF THE PROBLEM

5
Banez,Armyl, “Mission and Vision”, PDA-CAPOG, 6th ed. 2009-2010, p4.
 CITY UNIVERSITY OF PASAY xii

The study intends to answer the following questions:

1. How is the law implemented?

2. What are the common violations of the law?

3. Are there problem areas in the laws and its implementation?

D. SIGNIFICANCE OF THE STUDY

Dental professionals are obliged to cure patients’ ailing oral cavity.

They are tasked to engage in preventive and curative dental treatment.

This study will benefit dental practitioners since it will give them a

more in-depth understanding of R.A. 9484 which regulates the practice of

their profession.

The study will also benefit the patients who will have better

knowledge of the obligations of dental practitioners as well as the

remedies that they may resort to against erring dental practitioners.

This study will likewise be useful to students of the City University

of Pasay School of Law as reference for future research.

E. SCOPE AND LIMITATIONS

 CITY UNIVERSITY OF PASAY xiii

The study will analyze the provisions of Republic Act No. 9484,

otherwise known as “The Philippine Dental Act of 2007”. Act was on 2007.

F. METHODOLOGY

This study made use of the descriptive and analytical methods of

research.

Descriptive method is type of research endeavors to describe

systematically, factually, accurately and objectively a situation, problem or

phenomena. It seeks to describe “what is”.6

It is defined by Calderon and Gonzales (1993) as a fact finding

study with adequate and accurate interpretation of findings and describes

with emphasis on what actually exist such as current conditions, practices,

situation or any phenomenon.7

Analytical method, on the other hand, involves the collection of

maximum amount of information gathered and interprets the data that are

collected and to look upon the flaws that are encountered. 8

First and foremost, the researcher will examine how the law

is implemented, particularly by the Philippine Dental Association (PDA)

and the Professional Regulation Commission (PRC).

6
1 Calderon, Jose F., Expectation C. Gonzales. Methods of Research and Thesis Writing.4th ed.
(Mandaluyong City:National Bookstore,1993) p 17.
7
Ibid., 20.
8
Ibid., 21.
 CITY UNIVERSITY OF PASAY xiv

The researcher will then investigate the common violations of the

law which will cover cases filed with the PDA and PRC from 2008 up to

the present.

Thereafter, the researcher will look into the problem areas of the

law and its implementation.

G. DEFINITION OF TERMS

Administrative Malpractice – refers to an act in Sec. 22, (c), Art. III of

R.A. No. 9484 committed by a registered and licensed dentist,

dental hygienist, or dental technologists, or holder of a

temporary/special permit subject, to a disciplinary action by the

Board under said Sec. 22 resulting to death, or injury to the

patient.9

Civil Malpractice – refers to commission of a criminal or administrative

malpractice by a registered and licensed dentist, dental hygienist,

9
R.A. No. 9484, Section 4 (n).
 CITY UNIVERSITY OF PASAY xv

or dental technologists, or a holder of temporary/special permit

through awarding damages to the patients by the regular courts. 10

Criminal Malpractice – refers to an offense committed by a registered

and licensed dentist, dental technologists or a holder of temporary/

special permit.11

Dental Assistant – refers to a person working as an assistant whose duty

is limited to non-therapeutic and non-restorative procedure and

adjunctive procedure which support the effective and efficient

delivery of dental services. Such procedure shall be done on the

patient under the direction and supervision of a registered and

license dentist.12

Dentist – refers to a person who is a holder of a valid certificate of

registration and professional identification card in Dentistry who

renders dental service within the meaning and intent of this law and

who for a fee, salary, compensation or reward, paid to him/her or

through another, or even without such compensation or reward,

performs any operation or part of an operation, upon the human

cavity, jaws, teeth and surrounding tissues: prescribes drugs or

10
Ibid., Section 4 (p).
11
Ibid., Section 4 (o).
12
Ibid., Section 4 (t).
 CITY UNIVERSITY OF PASAY xvi

medicine for the treatment of oral disease, lesions, or prevent and

correct malpositions of the teeth or implantation of artificial

substitutes for lost teeth; and teaches subjects in the licensure

examination; or engages in dental research.13

Dental Hygienist – refers to a person who is a holder of valid certificate of

registration and professional identification card and has undergone

a two year course in dental hygiene from a government recognized

school under a college of dentistry and passing the prescribed

board examination for dental hygienist, renders oral health

promotion and preventive measures, performs scaling and

polishing , oral examination, taking brief clinical history, taking

radiograph, and giving oral health education to patients under the

supervision of a licensed dentist.14

Dental Laboratory - refers to an establishment engaged in making,

repairing, providing, or altering oral prosthodontics and orthodontic

appliances which are given back to the dentist and installed to the

patient. This shall include the devices rendered in Dental Prosthetic

Laboratory.15

13
Ibid., Section 4 (a).
14
Ibid., Section 4 (b).
15
Ibid., Section 4 (r).
 CITY UNIVERSITY OF PASAY xvii

Dental Technologist – refers to a person who is a holder of a valid

certificate of registration and professional identification card and

who renders technical services such as mechanical construction of

artificial denture and other oral devices under the supervision of a

licensed dentist, and has finished a two year certificate course in

dental technologist from any government recognized school. 16

Diplomate – refers to a registered and licensed dentist who has passed

the examination given by the specialty board of any accredited

dental specialty group or society in dentistry by the Professional

Regulatory Board of Dentistry.17

General Practitioners – refers to a registered and licensed dentist who

provides basis care within a variety of discipline like restorative,

prosthetic routine, endodontic therapy, routine orthodontic cases

and simple exodontias in children and adult patients. 18

Good Moral Character – refers to the essential requisite necessary for

admission to the Board licensure examination, for registration as a

dentist, dental hygienist, or dental technologist, and for the

16
Ibid., Section 4 (c).
17
Ibid., Section 4 (j).
18
Ibid., Section 4 (d).
 CITY UNIVERSITY OF PASAY xviii

continued practice of the profession. It is an inner trait or virtue

which is not impaired by any offense involving moral turpitude or by

any act that is immoral or amoral. It is distinct from good reputation

which is externally built by others on the individual’s personality and

image.19

Graduate – refers to a person who is in the official list of dentistry, dental

hygiene, and dental technology graduates of recognized and legally

constituted university, college, school or institution. 20

Illegal Practitioner – refers to any person practicing dentistry without a

valid certificate of registration and a valid professional identification

card or a valid temporary/special permits obtained as a license to

lawfully practice the profession from the professional regulatory

board.21

PDA - Philippine Dental Association.

PRC – Professional Regulation Commission.

19
Ibid., Section 4 (v).
20
Ibid., Section 4 (u).
21
Ibid., Section 4 (f).
 CITY UNIVERSITY OF PASAY xix

Specialist – refers to a registered and licensed dentist who have trained

in a residency or advance graduate training of a university based

program or in a hospital-based training center in Endodontics,

Orthodontics, Periodontics, Prosthodontics and Oral Surgery. 22

H. ORGANIZATION OF THE THESIS

This study is consists of several chapters described as follows:

Chapter I it is the Introduction of the study which is composed of

eight (8) parts: background of the study, objective of the study, statement

of the problem, significance of the study, scope and limitation,

methodology, definition of terms and research design.

Chapter II it provides details about the Professional Regulatory

Board of Dentistry which will hear and investigate complaints or any

violation of this Act.

Chapter III it focuses on the grievance and complaint committee. Its

compositions of Judicial Committee, term of office, disqualification of

22
Ibid., Section 4 (e).
 CITY UNIVERSITY OF PASAY xx

members and its function. And will discuss the procedure for filling

grievances and complaints.

Chapter IV it discusses the results of the study, particularly its

procedure, evaluation of cases filed in the Philippine Dental Association

and the Professional Regulatory Board of Dentistry and the Penal

provision of the Act.

Chapter V it will summarize all the result of the study and made its

conclusion and recommendations based on the data gathered.

The above-described chapters shall be presented as follows:

Chapter I – Introduction

A. Background of the Study

B. Objectives of the Study

C. Statement of the Problem

D. Significance of the Study

E. Scope and Limitation

F. Methodology

G. Definition of Terms

H. Research Design
 CITY UNIVERSITY OF PASAY xxi

Chapter II - Professional Regulatory Board of Dentistry

A. Composition

B. Power and Function of the Board

C. Qualification of the Chairman and Members of the

Board

D.Term of Office

E. Compensation and Allowances of the Board

F. Suspension and Removal From Office

G. Supervision of the Board

H. Annual Report

Chapter III - Judicial Committee

A. Composition

B. Term of Office

C. Disqualification of Member

D. Functions

E. Grievance Procedure

Chapter IV – Results and Discussion

A. Evaluation of Cases Filed in the PDA and PRC

B. Common Cases Filed by Patients.

C. Problem areas in the law and its implementation

 CITY UNIVERSITY OF PASAY xxii

a. Grounds for cancellation/revocation of

license.

b. Penal provisions and penalty.

D. Enforcement of the Act

Chapter V – Summary, Conclusion and Recommendation

 CITY UNIVERSITY OF PASAY xxiii

CHAPTER II

PROFESSIONAL REGULATORY BOARD OF DENTISTRY

The Professional Regulatory Board of Dentistry was created to

administered control and supervision by the Professional Regulation

Commission.

A. COMPOSITION

It is composed of a Chairman and four members who shall be

appointed by the President of the Philippines from the recommendees

chosen and ranked by the commission from a list of nominees submitted

by the accredited and integrated professional organization. 23

B. POWER AND FUNCTION OF THE BOARD

Thus, the power and function of the board to promulgate,

administer and enforce rules and regulations that are necessary for

carrying out the provision of R.A. 9484. Such as administering oaths and

study the conditions affecting the practice of dentistry, dental hygiene, and

dental technology in the Philippines.24

The Board will adopt and recommend such measure, or discharge

23
Professional Regulation Commission, Board Resolution No. 12, Series of 2007, p5.
24
Ibid., Rule II, Section 6 (b)(c).
 CITY UNIVERSITY OF PASAY xxiv

Such duties, as may be deemed proper for the advancement of the

profession and the vigorous enforcement of R.A. 9484;

1. To inspect private, industrial, hospital, school, and

Government dental clinics,

2. To check dental laboratories,

3. To check dental supplier, and

4. To regulate the perceptorship program of all the

specialties in dentistry.25

It ensure in coordination with the Commission on Higher

Education(CHED), Technical Education and Skills Development Authority

(TESDA), the Accredited Professional Organization, and the Association

Of Dental Colleges, that all educational institutions offering dentistry,

dental hygiene, and dental technology comply with the policies, standards

and requirements of the course prescribed by the CHED or TESDA in the

areas of curriculum, faculty, library, and facilities; accordingly, enter into a

memorandum of agreement with the foregoing agencies. Meetings,

regular monthly meetings shall be held. Special meeting may be held as of

often may be necessary at the discretion of the chairman or upon request

majority of the Board.26

25
Ibid., Rule II, Section 6 (d).
26
Ibid., Rule II, Section 6 (e).
 CITY UNIVERSITY OF PASAY xxv

C. QUALIFICATION OF THE CHAIRMAN AND MEMBERS OF THE

BOARD

The chairman and members of the Board shall, at the time of his/

her appointment, possess the following qualifications:

a) Be a natural-born citizen of the Philippines and a resident thereof:

b) Be a duly registered dentist in the Philippines with a valid

certificate of registration and a valid professional identification

card;

c) Be a member of good standing of the accredited professional

organization for the past five years; Provided, that a member

of the Board may not qualify in any position, accredited and

integrated professional organization of the dentists, dental

hygienists and dental technologists during his/her incumbency

as such;

d) Have at least ten (10) years of continuous experience as dentist

and preferably with three years of teaching experience;

e) Not be a member of the faculty of any school, college, or

university where undergraduate and graduate courses in

dentistry are taught and where dental hygiene and dental

technology courses and review courses are offered, nor shall

have, directly and indirectly, any pecuniary interest in such

institutions; and
 CITY UNIVERSITY OF PASAY xxvi

f) Not be connected in any capacity with any business enterprise,

firm, or company in the buying, selling or manufacture of dental

goods, equipment, materials or supplies.27

D. TERM OF OFFICE

The chairman and the members of the Board shall serve for a term

of three (3) years from the date of their appointments and may be

reappointed for another term. The member serving the last year of his

term shall automatically become the chairman of the Board and shall not

be able to succeed himself/herself immediately after the expiration of his/

her term of office so that the term of the one member shall be due to

expire every year: Provided, however, That the appointments as chairman

shall be approved by the President: Provided, further, That appointment

for any existing vacancy or vacancies shall be made within one month

from the time the vacancy occurred and shall be for the unexpired portion

of the term only.28

E. COMPENSATION AND ALLOWANCES OF THE BOARD

The Chairman and members of the Board shall receive

27
Ibid., Rule II Section (7).
28
Ibid., Rule II Section (8).
 CITY UNIVERSITY OF PASAY xxvii

compensation and allowances comparable to that being received by the

Chairman and members of the existing professional regulatory boards

under the Commission as provided for in the Annual General

Appropriations Act.29

F. SUSPENSION AND REMOVAL FROM OFFICE

Any member of the Board may, upon the recommendation of the

Commission after due process of law and investigation conducted by the

Commission, be suspended or removed by the President from office for

the cause such as neglect of duty, abuse of power, oppression,

incompetence, unprofessional, unethical , immoral, or dishonorable

conduct, commission or toleration of irregularities in the conduct of

examination or tampering or the grades therein, or for any final judgment

or conviction of any criminal offenses involving moral turpitude by the

court after having been given the opportunity to defend himself/herself in

a proper administrative investigation.30

G. SUSPENSION OF THE BOARD

The secretary of the Board shall be appointed by the Commission

29
Ibid., Rule II, Section (9).
30
Ibid., Rule II, Section (10).
 CITY UNIVERSITY OF PASAY xxviii

subject to the provisions of existing laws and all records and minutes of

the deliberation of proceedings of the Board and other confidential

documents shall be kept under the direct custody of the Commission. The

Commission shall provide the secretariat and other support services to

implement the provisions of this R.A. 9484.31

H. ANNUAL REPORT

The Board shall, within sixty (60) days after the close of each fiscal

year, prepare and submit an annual report to the Commission, giving a

detailed account of the proceedings of the Board during the year,

recommending the measures to be adopted, with the end in view of

upgrading and improving the conditions affecting the practice of Dentistry

in the Philippines.32

CHAPTER III

31
Ibid., Rule II, Section(11).
32
Ibid., Rule II, Section (12).
 CITY UNIVERSITY OF PASAY xxix

JUDICIAL COMMITTEE

Problems or violations of the Regulatory Code for Dental Practice in

the Philippines and interpretation of any provision thereof shall be

resolved in the first instance by the Judicial Committee of the Chapter and

Affiliate Society, motu propio or at the relation of any person under oath. 33

The findings, recommendation, ruling or opinion of the of the

Judicial Committees shall be submitted to the Council of the PDA

presidents, which shall submit the same, together with its own

recommendation to the Board of Dentistry for the adoption and

concurrence.34

A. COMPOSITION

There shall be five (5) Committee members in Chapter/Affiliates

with three (3) members and above and three (3) members for Chapter/

Affiliates below three (3) members, whose qualification shall be

determined by the Chapter/ affiliate Society. 35

B. TERMS OF OFFICE

1. Each committee members shall have a term of office of 3/5 years,

33
Art. V. Section 23. P.R.C., Board Resolution No. 14, Series of 2008,
34
Ibid., Section 25.
35
PDA (Chapter and Affiliate President’s Operative Guidebook) 6 th ed. 2009, p.III-157.
 CITY UNIVERSITY OF PASAY xxx

except the first 3/5 elected whose terms shall be staggered in a way that

one member’s term shall expire each year, at which time a new member

shall be elected for 3/5 year term.

2. The committee member serving his last year’s term of office shall

automatically be the chairman.36

C. DISQUALIFICATION OF MEMBER

3.1 No member may be removed from office except for cause such

as:

3.1.1 Justifiable or stated reason (s), i.e. kinship, confirmed

relationship or partnership with defendant.

1. a The President of Chapter/Affiliate organization may

appoint a temporary member to act in lieu of the

disqualified or suspended member. Provided,

however, that the tenure of the temporary

member shall be extended only up to the duration

of the case in question.

3.1.2. Guilty of breaking confidentiality (violation of discretion)

3.1.3. Preventive suspension due to involvement in the case.

3.1.4. Pre-judgment announcement of the case.

3.2. The President may appoint a new member in case permanent

36
Ibid., Section 2, p. 157.
 CITY UNIVERSITY OF PASAY xxxi

disqualification who shall serve only the unexpired term of the

replaced member.

D. FUNCTIONS

4.1. Conduct proper and effective investigation and fact-finding

inquiries.

4.2. They may avail the powers of the Board of Dentistry to issue

Subpoena and subpoena duces tecum when necessary. 37

4.3. Maintain and keep records of proceedings during the Judicial

Committee hearings or investigations and which shall be

treated strictly private and confidential.38

E. GRIEVANCE PROCEDURE

1. All complaint must be in writing and duly notarized.

2. The Committee shall resolve the case before them in three (3)

months.

3. Complaints may appeal his case to the Council of PDAPresidents

Committee on Judicial Matters which shall review the findings of

the Chapter/Affiliate Judicial Committee or conduct a hearing of

its own and submit its recommendation to the Board of Dentistry

37
Art. V. Section 26, P.R.C. Board Resolution No. 14, Series of 2008.
38
Art. V. Section 28, P.R.C. Board Resolution No. 14, Series of 2008.
 CITY UNIVERSITY OF PASAY xxxii

for action.

CHAPTER IV

RESULTS AND DISCUSSION

 CITY UNIVERSITY OF PASAY xxxiii

A. EVALUATION OF CASES FILED IN THE PDA AND PRC

When we heard about cases filed, it strikes in our mind that we are

heading for a problem. These are problems, in which we need a lawyer,

going to court and facing a judge. But this is just the scenario in our mind.

Reality check would be, are you guilty or not?

The Philippine Dental association is a non-stock, non- profit

association founded since 1908. The objectives are a.) To maintain the

standard of the dental profession through progressive dental education; b)

To encourage scientific researches and programs; c) To safeguard dental

health by supporting sound oral health legislation and public health

programs, and d) To foster mutual respect and fellowship among dentists

and with individuals of allied professions.39

Complaint against dentist can be filed with the PDA Grievance

Committee which may conduct hearing of its own and submit its

recommendation to PRC, Professional Board of Dentistry for action.

Under the broad police power of the state, the Professional

Regulation Commission attached to the Office of the President was

created.40 The Commission is vested by the law with the power of general

supervision and regulation of all professions requiring licensure

examination.

39
PDA (Chapter and affiliate President’s Operative Guidebook) 6th ed. 2009, p I-1.
40
Under P.D. 223, Board of Dental Examiner was renamed Board of Dentistry.
 CITY UNIVERSITY OF PASAY xxxiv

The Professional Regulatory Board of Dentistry under the

Professional Regulation Commission and functions is to hear or

investigate any violation of this article among his power. 41

Whenever complaints against dentist are filed with the commission,

all pleading and evidence are coursed through the Board for action. There

are 67 cases filed in the Professional Board of Dentistry since 2007 up to

July 2012. Most of these cases filed are patient to dentist relationship.

The Philippine Dental Association to which I’m a member is not

cooperative in dealing with such inquiry. My formal appearance to his

office and follow up email letter of request to the present PDA President

2011 - 2012 was not given much attention up to this present time.

B. COMMON CASES COVERED AND FILED BY PATIENTS

1. Immoral or dishonorable conduct;

2. Unprofessional or unethical conduct;

3. Insanity;

4. Conviction of a criminal offense involving moral turpitude;

5. Gross negligence or incompetence in the practice of profession;

6. Use or perpetration of fraud or deceit in the acquisition of

Certificate of Registration/Professional License, Temporary or

Special Permit, Professional Identification Card (PRC ID Card),

41
R.A. 9484, Article II (k).
 CITY UNIVERSITY OF PASAY xxxv

STWC Certificate of Competency and Endorsement Certificate;

7. Violation of any of the provisions of the Republic Act No. 8981 42,

the laws regulating the various professions, their implementing

rules and regulations and their codes of ethic;

8. Neglect of duty;

9. Commission of irregularities in the licensure examinations which

taint or impugn the integrity of the examinations, or violations, or

violation of any rule or regulation governing such examinations;

and

10. Such other cause or causes as may be provided by law. 43

C. PROBLEM AREAS IN THE LAW AND ITS IMPLEMENTATION

A. Grounds for cancellation/revocation of license

Revocation or suspension of Certificate of Registration and

Professional Identification Card and Cancellation of Temporary/ Special

Permit. The Board shall have the power to recommend the nullification or

suspension of the validity of the certificate of registration and professional

identification card of a dentist, dental hygienist and dental technologist or

the cancellation of a temporary/special permit for any of the causes

mentioned in the preceding section, or for:

42
R. A. No. 8981 known as the “PRC Modernization Act of 2000”“.
43
Ibid., Section 13, p 3.
 CITY UNIVERSITY OF PASAY xxxvi

a) Unprofessional and unethical conduct;

b) Malpractice;

c) Incompetence, serious ignorance or negligence in the practice of

dentistry, dental hygiene and dental technology;

d) Willful destruction or mutilation of a natural tooth of a patient with

the deliberate purpose of substituting the same by an

unnecessary or unessential artificial tooth;

e) For making use of fraud, deceitful or false statement to obtain a

certificate of registration;

f) For alcoholism or drug addiction causing him/her to become

incompetent to practice dentistry, dental hygiene and dental

technology;

g) For the employment of persons who are not duly authorized to do

the work which, under this Act, can only be done by person who

have certificates of registration to practice dentistry, dental

hygiene and dental technology in the Philippines;

h) For the employment of deceit or any form of fraud with the public

in general or some clients in particular for the purpose of

extending his/her clientele;

i) For making false advertisements, publishing or circulating

fraudulent or deceitful allegations regarding his/her professional

attainment, skill or knowledge, or methods of treatment, employed

 CITY UNIVERSITY OF PASAY xxxvii

by him; and

j) Utter disregard and continuous violation of any of the provision of

this Act; Provided, That the action of the Board in the exercise of

this power shall be appealable to the Commission. 44

B. Penal Provisions and penalty

The Penal provision shall be punished by a fine of not less that two

hundred thousand pesos (P 200,000.00) not more that Five hundred

thousand pesos (P500,000.00) or to suffer imprisonment for a period of

not less than two years and one day nor more than five years, or both in

the discretion of the court:

a) Any person who shall practice dentistry, dental hygiene or dental

technology in the Philippines as defined in R.A. No. 9484, without

a certificate of registration and professional identification card and

special permit issued in accordance with the provision of R. A.

9484 and this“RR”, or has been declared exempt;

b) Any person who practice the profession to whom the definition of

of the practice of dentistry, dental hygiene or dental technology

does not apply;

c) Any registered and licensed dentist who shall abet the illegal

practice of dentistry;

d) Any person presenting or using as his/her own the certificate of

44
PRC Board of Dentistry Resolution No. 12, Series of 2007, Rule III, Section 22.
 CITY UNIVERSITY OF PASAY xxxviii

registration and professional identification card and special permit

of another;

e) Any person who shall give any false or forged evidence to the

Board in obtaining a certificate of registration;

f) Any person who shall impersonate any registrant of like or

different name;

g) Any person who shall use a revoked or suspended certificate or

registration and professional identification card;

h) Any person who shall assume, use or advertise as a bachelor of

dental surgery, master of dental surgery, licentiate of dental

surgery, doctor of dental medicine, or dental surgeon, or append

to his name the letters D.D.S., B.D.S., L.D.S., or D.M.D. without

having been conferred such title or degree in a legally constituted

school, college or university, duly recognized and authorized to

confer the same or other degrees; and

i) Any person who advertises any title or description tending to

convey the impression that he/she is a dentist without holding valid

certificate of registration and professional identification card and

special permit from the Board.45

D. Enforcement of the Act

Enforcement of R.A. No. 9484 shall be the duty of all constituted

45
Ibid., Rule V, Section 33.
 CITY UNIVERSITY OF PASAY xxxix

officers of the law of the national, provincial, city, municipal or barangay

level of the government, to enforce the provision of R.A. 9484 as well as

the rules and regulation pertinent thereto, this “RR” and to prosecute any

person violating the same. The Secretary of Justice shall act as the legal

assistance as may be necessary in carrying out the provisions of R.A. No.

9484.46

CHAPTER V

SUMMARY, CONCLUSION AND RECOMMENDATION

46
Ibid., Rule V, Section 34
 CITY UNIVERSITY OF PASAY xl

This final chapters of the research deals contains the summary,

conclusion and recommendations.

A. SUMMARY

There are 67 cases filed in PRC (Professional Regulation

Commission) from 2007 to 2012 are the following:

2007 - 20

2008 - 12

2009 - 14

2010 - 12

2011 - 9

Dismissed Cases from 2007 to 2012 : 11

Revoked Cases from 2007 to 2012 : 0

Decided Cases from 2007 to 2012

Suspended – 7

Reprimand – 4

Warned – 2

Appeal – 5

Pending – 38

Violations that are filed in PRC

Unprofessional and unethical conduct47 – 10

47
R.A. 9484, Section 22 (a).
 CITY UNIVERSITY OF PASAY xli

Malpractice48 – 21

Incompetence or negligence49 - 15

For making false statement to obtain Certificate of Registration 50-11

For alcoholism or drug addiction51– 3

For making false advertisement 52- 7

B. CONCLUSION

Cases which involve violations of R.A. 948453 is difficult to be

contained within the limited confines of legislation. This in part explains

the reason this Dental Law has been expressed in broad terms.

With the foregoing in mind, the thesis humbly attempts to answer

the process of implementation of this law, the common violations of the

law and problem areas of the law and its implementation. It is, however,

better to try than to ignore the call of justice. The legislation proposed

herein does not aim to be perfect, but merely to point the way.
.

C. RECOMMENDATION

48
Ibid., (b).
49
Ibid., (c).
50
Ibid., (e).
51
Ibid.,(f).
52
Ibid., (i).
53
“ The Philippine Dental Act of 2007”
 CITY UNIVERSITY OF PASAY xlii

Based on the findings of the study and conclusion drawn, the

following recommendation are forwarded:

1. There should be massive information dissemination

drive about R.A. 9484 thru Dental Group, Affiliates and Society with

National and Local Public Health Dentist including private practitioners.

2. There is a need to strengthen the workforce of the

National and local public health dentist including the public awareness of

any violations committed by dentist-patient relationship and patient-dentist

relationship.
.

BIBLIOGRAPHY

Books

Calderon-Gonzales, Method of Research and Thesis Writing (1993), 4th

ed. Mandaluyong City: National Bookstore, 1999.

 CITY UNIVERSITY OF PASAY xliii

Merriam Websters, Collegiate Dictionary (1990) 10th ed, Springfield

Massachusetts, USA.

Rules and Regulations Implementing the Local Government Code (1992).

Central Lawbook Publishing Co., Inc., Quezon City.

Journal

Almonte, Stephen , “To CPE or not to CPE,” PDA Explorer, Vol. 11 No. 32

(January-April 2010) p7.

Banez, Armyl, “Mission and Vision,” PDA-CAPOG, 6th ed. 2009-2010,p4.

Blanes, Eliezer, “Working for a better PDA,” PDA Bulletin, Vol. 28, No. 6

(February to October 2007), p 6

Fernando, Fernandez, “Billboard Project Against Illegal Practice,” PDA

Explorer, Vol. 34 No. 11 (September-October 2010), p1.

Laxamana, Alvin, “Standard of Care: a basis for all good treatment,”

PDA Explorer, Vol. 34 No.11 (September-October 2010), p6.

Quejada, Juan, “Conflict Management in a professional Organization,”

 CITY UNIVERSITY OF PASAY xliv

Journal of the PDA, Vol. XLVIII, No. 4 (March-May 1997), p27.

Rodriguez, Gregorio, “Some Episodes in Philippine Dental History,”

Journal of the PDA, Vol. 55, No.2, p43.

San Juan, Sofronio, “Glimpses in History of Dentistry in the Philippines,”

Journal of the PDA, Vol. XLIX, No. 2 (September –November

1997), p64.
CITY UNIVERSITY OF PASAY xlv
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