H. No. 2882 / 55 OG No.

34, 6944 (August 24, 1959)

[ REPUBLIC ACT NO. 2382, June 20, 1959 ]

THE MEDICAL ACT OF 1959

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

Article I.—OBJECTIVES AND IMPLEMENTATION

SECTION 1. Objectives.—This Act provides for and shall govern (a) the
standardization and regulation of education; (b) the examination for registration of
sicians and (c) the supervision, control and regulation of the practice of medicine in the
Philippines.

SEC. 2. Enforcement.—For the purpose of implementing the provisions of this Act,

there are created the following agencies: the Board of Medical Education under the
Department of Education, and the Board of Medical Examiners under the
Commissioner of Civil Service.

Article II.—THE BOARD OP MEDICAL EDUCATION—ITS FUNCTIONS

SEC. 3. Composition of Board of Medical Education.—The Board of Medical

Education shall be composed of the Secretary of Education or his duly authorized
representative, as chairman, and the Secretary of Health or his duly authorized
representative, the Director of the Bureau of Private Schools or his duly authorized
representative, the chairman of the Board of Medical Examiners or his duly authorized
representative, a representative of private practitioners, upon recommendation of an
acknowledged medical association and a representative chosen by the Philippine
Association of Colleges and Universities, as members.

The officials acting as chairman and members of the Board of Medical Education shall
hold office during their incumbency in their respective positions.

SEC. 4. Compensation and traveling expenses.—The chairman and members of the

Board of Medical Education shall not be entitled to any compensation except for
traveling expenses in connection with their official duties as herein provided.

For administrative purposes, the Board shall hold office in the office of its chairman,
who may designate a ranking official in the Department of Education to serve as
secretary of the Board.

SEC. 5. Functions.—The functions of the Board of Medical Education shall be:

a. To determine and prescribe minimum requirements for admission into a

recognized college of medicine;
 b. To determine and prescribe requirements for minimum physical facilities of
colleges of medicine, to wit: buildings, including hospitals, equipment and
supplies, apparatus, instruments, appliances, laboratories, bed capacity for
instruction purposes, operating and delivery rooms facilities for out-patient
services, and others, used for didactic and practical instructions in accordance
with modern trends;
c. To determine and prescribe the minimum number and the minimum qualifications
of teaching personnel including student-teacher ratio and curriculum;
d. To determine and prescribe the number of students who should be allowed to take
up the preparatory course taking into account the capacity of the different
recognized colleges of medicine.
e. To select, determine and approve hospitals or some departments of the hospitals
for training which comply with the minimum specific physical facilities as
provided in subparagraph (b) hereof: and
f. To promulgate and prescribe and enforce necessary rules and regulations for the
proper implementation of the foregoing functions.

SEC. 6. Minimum required courses.—Students seeking admission to the medical

course must have a bachelor of science or bachelor of arts degree or their equivalent
and must have taken in four years the following subjects with their corresponding
number of units:
English 12
Latin 3
Mathematics, including Accounting and Statistics 9
Philosophy, including Psychology and Logic 12
Zoology and Botany 15
Physics 8
Chemistry 21
Library Science 1
Humanities and Social Sciences 12

Twelve units of Spanish shall be required pursuant to Republic Act Numbered Seven
hundred nine; but commencing with the academic year nineteen hundred sixty to
nineteen hundred sixty-one, twenty-four units of Spanish hill be required pursuant to
Republic Act Numbered Eighteen hundred and eighty-one as cultural, social and
nationalistic studies.

Provided, That the following students may be permitted to complete the aforesaid
preparatory medical course in shorter periods as follows:

a. Students whose general average is below eighty-five per cent but without any
grade of failure or condition may be allowed to pursue and finish the course in
three academic years and the intervening- summer sessions; and
b. Students whose general average is eighty-five per cent or over may be permitted
to finish the course in three academic years by allowing them to take each
semester the overload permitted to bright students under existing regulations of
the Bureau of Private Schools.

Provided, That upon failure to maintain the general average of eighty-five per cent,
students under (b) shall automatically revert to the category of students under (a) and
those under (a), upon having any grade of failure or condition, shall automatically
revert to the category of students required to pursue the preparatory course in four years
mentioned above.

The medical course shall be at least five years, including not less than eleven rotating
internship in an approved capital, and shall consist of the following subjects:

Anatomy
Physiology
Biochemistry and Nutrition
Pharmacology
Microbiology
Parasitology
Medicine and Therapeutics
Genycology
Opthalmology, Otology, Rhinology and Laryngology
Pediatrics
Obstetrics
Surgery
Preventive Medicine and Public Health
Legal Medicine, including Medical Jurisprudence
and Ethics.

SEC. 7. Admission requirements.—The medical college may admit any student to its
first year class who has not been convicted by any court of competent jurisdiction of
any offense involving moral turpitude, and who presents (a) a certificate showing
completion of a standard high school course, (b) a record showing completion of a
standard preparatory medical course as herein provided, (c) a certificate of registration
as medical student, (d) a certificate of good moral character issued by two former
professors in the pre-medicine course, and (e) birth certificate and marriage certificate,
if any. Nothing in this Act shall be construed to inhibit any college of medicine from
establishing, in addition to the preceding, other entrance requirements that may be
deemed admissible.

For the purposes of this Act, the term "College of Medicine" shall mean to include
faculty of medicine, institute of medicine, school of medicine or other similar
institution offering a complete medical course leading to the degree of Doctor of
Medicine or its equivalent.

Every college of medicine must keep a complete record of enrollment, grades and
turnover, and must publish each year a catalogue giving the following information:

1. Date of publication
2. Calendar for the academic year
3. Faculty roll indicating whether on full time part time basis
4. Requirements of admission
5. Grading system
6. Requirements for promotion
7. Requirements for graduation
8. Medical hours per academic year by departing
9. Schedule hours per academic year by departure
10. Number of students enrolled in each class.
 Article III.—THE BOARD OP MEDICAL EXAMINERS; REGISTRATION OF
PHYSICIANS

SEC. 8. prerequisite to the practice of medicine.—No person shall engage in the

practice of medicine in the Philippines unless he is at least twenty-one years of age, has
satisfactorily passed the corresponding Board Examination and is a holder of a valid
Certificate of Registration inly issued to him by the Board of Medical Examiners.

SEC. 9. Candidates for board examinations.—Candidates for Board examinations shall

have the following qualifications:

1. He shall be a citizen of the Philippines or a citizen of any foreign country who has
submitted competent and conclusive documentary evidence, confirmed by the
Department of Foreign Affairs, showing that his country's existing laws permit
citizens of the Philippines to practice medicine under the same rules and
regulations governing citizens thereof;
2. He shall be of good moral character, showing for this purpose certificate of civil
status;
3. He shall be of sound mind;
4. He shall not have been convicted by a court of competent jurisdiction of any
offense involving moral turpitude; and
5. He shall be a holder of the degree of Doctor of Medicine or its equivalent,
conferred by a college of medicine duly recognized by the Department of
Education.

SEC. 10. Acts constituting practice of medicine.—A person shall be considered as

engaged in the practice of medicine (a) who shall, for compensation, fee, salary or
reward in any form, paid to him directly or through another, or even without the same,
physically examine any person, and diagnose, treat, operate or prescribe any remedy
for any human disease, injury, deformity, physical, mental or physical condition or any
ailment, real or imaginary, regardless of the nature of the remedy or treatment
administered, prescribed or recommended; or (b) shall, by means of signs, cards,
advertisements, written or printed matter, or through the radio, television or any other
means of communication, either offer or undertake by any means or method to,
diagnose, treat, operate or prescribe any remedy for any human disease, injury,
deformity, physical, mental or psychical condition; or (c) who shall use the title M.D.
after his name.

SEC. 11. Exemptions.—The preceding section shall not be construed to affect (a) any
medical student duly enrolled in an approved medical college or school under training,
serving without any professional fee in any government or private hospital, provided
that he renders such service, under the direct supervision and control of a registered
physician; (b) any legally registered dentist engaged exclusively in the practice of
dentistry; (c) any duly registered masseur or physiotherapist, provided that he applies
massage or other physical means upon written order or prescription of a duly registered
physician, or provided that such application of massage or physical means shall be
limited to physical or muscular development; (d) any duly registered optometrist who
mechanically fits or sells lenses, artificial eyes, limbs or other similar appliances or
who is engaged in the mechanical examination of eyes for the purpose of constructing
or adjusting eye glasses, spectacles and lenses; (e) any person who renders any service
gratuitously in cases of emergency, or in places where the services of a duly registered
physician, nurse or midwife are not available; (f) any person who administers or
recommends any household remedy as per classification o existing Pharmacy Laws;
and (g) any psychologist or mental hygienist in the performance of his duties, provide
such performance is done in conjunction with a duly registered physician.

SEC. 12. Limited practice without any certificate of registration.—Certificates of

registration shall not be required of the following persons:

a. Physicians and surgeons from other countries called in consultation only and
exclusively in specific and definite cases, or those attached to international bodies
or organizations assigned to perform certain definite work in the Philippines,
provided they shall limit their practice to the specific work assigned to them and
provided further they shall secure a previous authorization from the Board of
Medical Examiners.
b. Commissioned medical officers of the United States armed forces stationed in the
Philippines while rendering service as such only for the members of the said
armed forces and within the limit of their own respective territorial jurisdiction.
c. Foreign physicians employed as exchange professors in special branches of
medicine or surgery whose service may, in the discretion of the Board of Medical
Education, be necessary.
d. Medical students who have completed the first four years of medical course,
graduates of medicine and registered nurses who may be given limited and
special authorization by the Secretary of Health to render medical services during
epidemics or national emergencies when ever the services of duly registered
physicians are not available. Such authorization shall automatically cease when
the epidemic or national emergency is declared terminated by the Secretary of
Health.

SEC. 13. The Board of Medical Examiners, its composition and duties.—The Board of
Medical Examiners shall be composed of six members to be appointed by the President
of the Philippines from a confidential list of not more than twelve names approved and
submitted by the executive council of the Philippine Medical Association, after due
consultation with other medical associations, during the months of April and October of
each year. The chairman of the Board shall be elected from among themselves by the
members at a meeting called for the purpose. The resident of the Philippines shall fill
any vacancy that f occur during any examination from the list of names Knitted by the
Philippine Medical Association in accordance with the provisions of this Act.

No examiner shall handle the examinations in more than four subjects or groups of
subjects as hereinafter provided. The distribution of subjects to each member shall be
agreed upon at a meeting called by the chairman for the purpose. The examination
papers shall be under the custody of the Commissioner of Civil Service or his duly
authorized representative, and shall be distributed to each member of the Board who
shall correct, grade, and sign, and submit them to the said Commissioner within one
hundred twenty days from the date of the termination of the examinations.

A final meeting of the Board for the deliberation and approval of the grades shall be
called by the Commissioner of Civil Service immediately alter receipt of the records
from the members of the Board of Medical Examiners. The secretary of the Board shall
submit to the Presided of the Philippines for approval the names of the successful
candidates as having been duly qualified for licensure in alphabetical order, without
stating the ratings obtained by each.
SEC. 14. Qualifications of examiners.—No person shall be appointed a member of the
Board of Medical Examiners unless he or she (1) is a natural-born citizen of the
Philippines, (2) is a duly registered physician in the Philippines, (3) has been in the
practice of medicine for at least ten years, (4) is of good moral character and of
recognized standing in the medical profession, (5) is not a member of the faculty of any
medical school and has no pecuniary interest, directly or indirectly, in any college of
medicine or in any institution where any branch of medicine is taught, at the time of his
appointment: Provided, That of the six members to be appointed, not more than two
shall be graduates of the same institution and not than three shall be government
physicians.

SEC. 15. Tenure of office and compensation of members.—The members of the Board
of Medical Examiners hold office for one year: Provided, That any member be
reappointed for not more than one year. Each member shall receive as compensation
ten pesos for each candidate examined for registration as physician, and five pesos for
each candidate examined in the preliminary or final physician examination.

The President of the Philippines, upon the recommendation of the Commissioner of

Civil Service, after due investigation, may remove any member of the Board of
Medical Examiners for neglect of duty, incompetency, or unprofessional or
dishonorable conduct.

SEC. 16. Executive Officer and Secretary of the Board.— The secretary of the Boards
of Examiners appointed in accordance with section ten of Act Numbered Four thousand
seven, as amended, shall also be the secretary of the Board of Medical Examiners, who
shall keep all the records, including examination papers, and the minutes of the
deliberations of the Board. He shall also keep a register of all persons to whom
certificates of registration has been granted; set forth the name, sex, age, and place of
birth of each, place of business, post office address, the name of the medical college or
university from which he graduated or in which he had studied, together with time
spent in the study of the profession elsewhere, the name of the country where the
institution is located which had granted to him the degree or certificate of attendance
upon clinic and all lectures in medicine and surgery, and all other degrees granted to
him from institutions of learning. He shall keep an up-to-date registration book of all
duly registered physicians in the Philippines. He shall furnish copies of all examination
questions and ratings in each subject of the respective candidates in the physicians
examination, one month after the release of the list of successful examinees, to the
deans of the different colleges of medicine Inclusively for the information and guidance
of the faculties thereof. This report shall be considered as restricted formation. Any
school which violates this rule shall be deprived of such privilege. The secretary of the
Board shall likewise keep a record of all registered medical students. He shall keep all
the records and proceedings, and issue and receive all papers in connection with any
and complaints presented to the Board.

SEC. 17. Rules and regulations.—The Board of Medical Examiners, with the approval
of the Commissioner of Civil Service, shall promulgate such rules and regulations as
may be necessary for the proper conduct of the examinations, correction of
examination papers, and registration of physicians. The Commissioner shall supervise
each Board examination and enforce the said rules and regulations. These rules and
regulations shall take effect fifteen days after the date of their publication in the Official
Gazette and shall not be changed within sixty days immediately before any
examination. Such rules and regulations shall be printed and distributed for the
information and guidance of all concerned.

SEC. 18. Dates of examinations.—The Board of Medical Examiners shall give

examinations for the registration of physicians, one in May and one in November every
year, in the City of Manila or any of its suburbs alter giving not less than ten days
notice to each candidate who had filed his name and address with the secretary of the
Board.

SEC. 19. Fees.—The secretary of the Board, under the supervision of the
Commissioner of Civil Service, shall collect from each candidate the following fees:

For registration as medical student P5.00

For complete physician examination 75.00
For preliminary or final examination 40.00
For registration as physician 20.00

All fees paid as provided herein shall accrue to tl funds of the Board of Medical
Examiners and be expendef for the payment of the compensation of the member
thereof. No fees other than those provided herein shall be paid to the Board.

SEC. 20. Issuance of Certificate of Registration, for refusal of same.—The

Commissioner of Civil Service and the secretary of the Board of Medical Examiners st
sign jointly and issue certificates of registration to those who have satisfactorily
complied with the requirements of the Board. They shall not issue a certificate of
registration to any candidate who has been convicted by a court of competent
jurisdiction of any criminal offense involving moral turpitude, or has been found guilty
of immoral or honorable conduct after due investigation by the Board of Medical
Examiners, or has been declared to be of unsound mind.

SEC. 21. Scope of examination.—The examination for the registration of physicians

shall consist of the following subjects: (1) Anatomy and Histology, (2) Physiology, (3)
Biochemistry, (4) Microbiology and Parasitology, (5) pharmacology and Therapeutics,
(6) Pathology, (7) Medicine (8) Obstetrics and Gynecology, (9) Pediatrics and
Nutrition, (10) Surgery and Opthalmology, Otolaryngology and Rhinology, (11)
Preventive Medicine and Public Health, and (12) Legal Medicine, Ethics and Medical
Jurisprudence: Provided, however, That the examination questions in each subject or
group of subjects shall at least be ten in number: Provided, further, That the
examination questions in Medicine shall include at least three from the following
branches: Infectious diseases, Neurology, Dermatology, Allergy, Endocrinology and
Cardio-Vascular diseases: Provided, finally, That the examination questions in Surgery
shall include at least four questions from the following: Opthalmology, Otology,
Rhinology, Laryngology, Orthopedic Surgery and Anesthesiology.

The questions shall be the same for all applicants. All answers must be written either in
English or Spanish. No name of the examinee shall appear in the examination Paper but
the examiners shall devise a system whereby each applicant can be identified by
number only.

In order that a candidate may be deemed to have passed examination successfully he

must have obtained a general average of seventy-five per cent without a grade lower
than sixty-five per cent in Medicine, Pediatrics and Nutrition, Obstetrics and
Gynecology, and Preventive Medicine and Public Health, and no grade lower than fifty
per cent the rest of the subjects.
The preliminary examinations shall comprise of the following subjects:

1. Gross Anatomy and Histology

2. Physiology
3. Biochemistry
4. Microbiology and Parasitology

SEC. 22. Administrative investigations.—In addition to the functions provided for in

the preceding sections, th Board of Medical Examiners shall perform the following
duties: (1) to administer oath to physicians who qualified in the examination; (2) to
study the conditions affecting the practice of medicine in all parts of the Philippines;
(3) to exercise the powers conferred upon it by this article with the view of maintaining
the ethical and professional standards of the medical profession; (4) to subpoena or
subpoena duces tecum witnesses for all purposes required in the discharge of its duties;
and (5) to promulgate, with the approval of the Commissioner of Civil Service, such
rules and regulations as it may deem necessary for the performance of its duties in
harmony with the provisions of this Act and. necessary for the proper practice of
medicine in the Philippines.

Administrative investigations may be conducted by not less than four members of the
Board of Medical Examiners; otherwise the proceedings shall be considered void. The
existing rules of evidence shall be observed during all administrative investigations.
The Board may disapprove applications for examination or registration, reprimand
erring physicians, or suspend or revoke registration certificates, if the respondents are
found guilty after due investigations.

SEC. 23. Procedure and rules.—Within five days after the filing of written charges
under oath, tho responded physician shall be furnished a copy thereof, without fl
quiring him or her to answer the same, and the Board shall conduct the investigation
within five days after the receipt of such copy by the respondent. The investigation
shall be completed as soon as practicable.

SEC. 24. Grounds for reprimand, suspension or upon of registration certificate.—Any

of the following shall be sufficient ground for reprimanding a physician, or for
suspending or revoking a certificate of registrar as physician:

1. Conviction by a court of competent jurisdiction of any criminal offense involving

moral turpitude;
2. Immoral or dishonorable conduct;
3. Insanity;
4. Fraud in the acquisition of the certificate of registration;
5. Gross negligence, ignorance or incompetence in the practice of his or her
profession resulting in an injury to or death of the patient;
6. Addiction to alcoholic beverages or to any habit-forming drug rendering him or
her incompetent to practice his or her profession, or to any form of gambling;
7. False or extravagant or unethical advertisements wherein other things than his
name, profession, limitation of practice, clinic hours, office and home address, are
mentioned.
8. Performance of or aiding in any criminal abortion;
9. Knowingly issuing any false medical certificate;
 10. Issuing any statement or spreading any news or rumor which is derogatory to the
character and reputation of another physician without justifiable motive;
11. Aiding or acting as a dummy of an unqualified or unregistered person to practise
medicine;
12. Violation of any provision of the Code of Ethics as approved by the Philippine
Medical Association.

Refusal of a physician to attend a patient in danger of death is not a sufficient ground

for revocation or suspension of his registration certificate if there is a risk to the
physician's life.

SEC. 25. Rights of respondents.—The respondent physician shall be entitled to be

represented by counsel or be heard by himself or herself, to have a speedy and public
earing, to confront and to cross-examine witnesses against him or her, and to all other
rights guaranteed by the Constitution and provided for in the Rules of Court.

SEC. 26. Appeal from judgment.—The decision of the Board of Medical Examiners
shall automatically become thirty days after the date of its promulgation unless the
respondents, during the same period, has appealed to the Commissioner of the Civil
Service and later to the officer of the President of the Philippines. If the final decision is
not satisfactory, the respondent may ask for a review of the case, or may file in court a
petition for certiorari.

SEC. 27. Reinstatement.—After two years, the Board may order the reinstatement of
any physician whose certificate of registration has been revoked, if the respondent has
acted in an exemplary manner in the community wherein he resides and has not
committed any illegal, im. moral or dishonorable act.

Article IV.—PENAL AND OTHER PROVISIONS

SEC. 28. Penalties.—Any person found guilty of "illegal practice of medicine" shall be
punished by a fine of not less than one thousand pesos nor more than ten thousand
pesos with subsidiary imprisonment in case of insolvency, or by imprisonment of not
loss than one year nor more than five years, or by both such fine and imprisonment, in
the discretion of the court.

SEC. 29. Injunctions.—The Board of Medical Examiners may file an action to enjoin
any person illegally practicing medicine from the performance of any act constituting
practice of medicine if the case so warrants until the necessary certificate therefor is
secured. Any such person who, after having been so enjoined, continues in the illegal
practice of medicine shall be punished for contempt of court. The said injunction shall
not relieve; the person practicing medicine without certificate of registration from
criminal prosecution and punishment as provided in the preceding section.

SEC. 30. Appropriation.—To carry out the provisions of this Act, there is hereby
appropriated, out of any funds in the National Treasury not otherwise appropriated, the
sum of twenty thousand pesos.

SEC. 31. Repealing clause.—All Acts, executive order administrative orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are repealed or
modified accordingly.
SEC. 32. Effectivity.—This Act shall take effect upon approval: Provided, That if it is
approved during the time when examinations for physicians are held, it shall take
Effect immediately after the said examinations: Provided, further, That section six of
this Act shall take effect at the beginning of the academic year nineteen hundred sixty
nineteen hundred sixty-one, and the first paragraph of fiction seven shall take effect
four years thereafter.

Approved, June 20, 1959.

Source: Supreme Court E-Library

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