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Legal Medicine 1st Assignment (Practice of Medicine) - E
1. PRC vs De Guzman (2004)
Facts:
The respondents are all graduates of the Fatima College of
Medicine, Valenzuela City, Metro Manila. They passed thePhysician Licensure Eamination conducted in Fe!ruary
"##$ !y the %oard of Medicine &%oard'. Petitioner
Professional (egulation Commission &P(C' then releasedtheir names as successful eaminees in the medical
licensure eamination. )hortly thereafter, the %oardo!ser*ed that the grades of the se*enty+nine successful
eaminees from Fatima College in the to most difficult
su!-ects in the medical licensure eam, %iochemistry &%io+Chem' and !stetrics and /ynecology &%+/yne', ere
unusually and eceptionally high. Ele*en Fatima
eaminees scored "001 in %io+Chem and ten got "001 in%+/yne, another ele*en got ##1 in %io+Chem, and
tenty+one scored ##1 in %+/yne.
For its part, the 2%3 found that 4the 5uestiona!le passing rate of Fatima eaminees in the 6"##$7 Physician
Eamination leads to the conclusion that the Fatimaeaminees gained early access to the test 5uestions.8
The %oard recommended that the test results of the
Fatima eaminees !e nullified.
The students filed a petition for mandamus, hich as
granted !y the trial court and the C9.
Issue: hether or not mandamus is proper.
Held: 2o. 2o clear legal right and no ministerial duty on
the part of P(C. 9 careful reading of )ection ;0 of theMedical 9ct of "#<# discloses that the la uses the ord
shall ith respect to the issuance of certificates of
registration. Thus, the petitioners shall sign and issuecertificates of registration to those ho ha*e satisfactorily
complied ith the re5uirements of the %oard.
)ection = of (ep. 9ct 2o. ;$=; prescri!es, amongothers, that a person ho aspires to practice medicine in the
Philippines, must ha*e satisfactorily passed thecorresponding %oard Eamination. )ection ;;, in turn,
pro*ides that the oath may only !e administered to physicians ho 5ualified in the eaminations. The
operati*e ord here is satisfactorily, defined as sufficient to
meet a condition or o!ligation or capa!le of dispellingdou!t or ignorance. /leaned from %oard (esolution 2o.
;>, the licensing authority apparently did not find that the
respondents satisfactorily passed the licensureeaminations. The %oard instead sought to nullify the
eamination results o!tained !y the respondents.
2. DECS vs San Die! (1"#")
Facts:
)an ?iego, pri*ate respondent graduate of @E &Aoology',tooB 2M9T $ times and flunBed $ times. The fourth time
he ill taBe 2M9T, he as re-ected !y ?EC) and ?CEM
for the rule that: 49 student shall !e alloed only three &$'chances to taBe the 2M9T. 9fter three &$' successi*e
failures, a student shall not !e alloed to taBe the 2M9T
for the fourth time8.
(amon /ue*arra then ent to the (egional Trial
Court of Valenzuela, Metro Manila, to compel hisadmission to the test. e in*oBed his constitutional rights to
academic freedom and 5uality education.
%y agreement of the parties, herein defendant asalloed to taBe the 2M9T scheduled on 9pril ">, "#=#,
su!-ect to the outcome of his petition. 3n an amended
petition filed ith lea*e of court, )an ?iego s5uarelychallenged the constitutionality of MEC) rder 2o. ";,
)eries of "#D;, containing the a!o*e+cited rule. The
additional grounds raised ere due process and e5ual protection. (espondent udge Teresita ?izon+Capulong
ruled that the MEC) rder 2o. ";, )eries of "#D; asin*alid and held that the petitioner had !een depri*ed of his
right to pursue a medical education through an ar!itrary
eercise of the police poer. ence, this petition.
Issue: hether or not MEC) is unconstitutional.
Held: 2o. 4hile his persistence is noteorthy, to say the
least, it is certainly misplaced, liBe a hopeless lo*e.8
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