Rare Periodicals

The Physician’s role in the Administration of Justice

Media

Part of The Lawyers Journal

Title

The Physician’s role in the Administration of Justice

Creator

Angelo, Felix Bautista

Language

English

Year

1963

Subject

Physicians.

Philippines. Catholic Physicians Guild.

Witnesses.

Courts.

Rights

Fulltext

THE PHYSICIAN'S ROLE IN THE ADMINISTRATION OF JUSTICE• By Justice FELIX BAUTISTA ANGELO As a member of our highest tribunal it is my sworn duty to help protect the llfe, liberty and property of the people pursuant to ::.. constitutional mandate. Whene\•er any o( your fundamental rights are grossly violated or trampled upon by any individual or public official, you go to the court of justice for redress. You repose on us your faith a.nd tmst that justlcE" be dispensed with justly and promptly regardless of your stations in llfe, religious beliefs, or politiee;I affiliations. In short, believing that we are the guarcJ.ians of justice you put your fate into our hands. That situation, gentlemen, is Dow reversed temporurily for durl.i~ the rendition of this program it is my tum to place my life. into your hands. . I wish to congratulate you for organizing this association which I reckon is aimed ~t promoting certain civic and cultural objecthes. I believe in organizatlor.. Organization is 'the order of the day. You cannot nowadays accomplish anything of value without the collective efforts of those interested in a common objective. The era of isolationism is a thing of the pist. This has given rise to the common saying, "In union there is strength.'' I wish, therefore, to commend you for organizing "The Catholic Physicians Guild'' because only in that way you can fully accomplish the ideal aims and purposes of the profession to which you belong. Your profession should not be looked upon merely t.s a means to make a living. It is not a mere trade established for profit or personal enrichment. It has its moral aspect fhat should not be overlooked 0 but should weigh heavily on the conscience of the physician. Important as he is in the healthy growth of thl! hwnan specie, a physician should exlend his h..::lping hand to the,. needy·:who may be found in distress. He should not begrudge hL~ help lo them simply because they arc in penury or L·annot give him reward for his services. There is greater satisfaction coming from service rendered in charity than from one with monetary consideration. Your professon is humanitarian and should be undertaken haVing always in mind the general welfare of society. The functions of a physician o;,.re not merely confined to rendering medical aid 10' a person suffering from physical ailment. While this may be the main purpose of your profession, the role a physician ls called upon to play in the community is of much wider scope. He is called upon not only to cure sick people and alleviate thelr sufferings but dso to help in every way in promoting the moral i:.nd social welfare of the community. He cannot fold his anns and remain indifferent to the problems that beset the community especially those which affect the health and happiness of the people. He must be alert, assertive and militant in order .to make of his community a decent and healthy place to live in. This is specially so in connection with the mqintenance of peace and order and the solution of the problems affecting the administration of justice. One of the greatest problems that our government is now • $peech . .delivered: .. be{Qre .the. Catholic Physicians Guild of the Philippines on NQvember 17, 1963. confronted rerers to the maintenance of peace and order in our country and this cnn only be achieved if we maintain a successful adminislration of just~ce. This problem is vital and farrei:.ching not only because it affects the life, liberty and property of the individual but also because it transcends to the community and affects the general welfare of the people. In the admil1istration of justice are involved not only judges, fiscals and other members of the bar but- also the physicians - the members of your profession. Many of the cases that are brought to the courts hi:.ve to be threshed out with the indispensable cooperation of the physician. In every case which involves physical injuries, rape, seduction, homicide or murder, the help of a physician is necessary and the role a physician plays is very important, because much, of "the success of the case depends upon the opinion of the physician. A physician, therefore, is an indispensable ally of the court. Without him the court cwinot dispense justice with success and efficiency as demanded by our Constitution. In fact, much of the success of a case in. \·olving a medical problem depends upon the honesty, Integrity and trustworthiness of the members of your profession. The intervention of a physician is specially important in workmen's compensalion cases which involve the claims of injured or deceased employees. Under the fa.w a claim for compensation is compensable only if it can be proven that the injury giving rise to the claim is caused or suHered in the course ot employment or is aggravated as a consequence of the nature of the work performed; and this causal connection between the injury and the employee can only be established ·thru the testimony of a physiclc.n. Invariably, the physician who ~ppears for the claimant testifies in his favor while the physician who appears for the company gives a contrary opinion. Thl.i may appear paradoxical considering that the opinions are rendered in relat~on to the same medicc;.l problem, and yet this phenomenon usually happens. This divei-gence of opinion places the court in a predicament where it has to make use of its own judg_ ment even disregarding the opinions of the physicians. Such a situation is not conducive to the proper administration of justice. This can be avoided if the physician who intervenes should only give an honest i:..nd sincere opinion in an objective manner without regard to the interest of the party he Js representing. Only in this way can he help In promoting the best interest of justice. Your o~anizati~n can do much in doing away with this obnoxious. practice for in the last analysis our common objective is to find out the truth. It is noteworthy to state, however, that the opinion of a physician &s an expert witness is nett conclusive upon the court. He merely acts in an advisory c.apacity in the sense that the com t may draw its own inference from the facts testified to by him and accept or reject the opinion given. But an opinion given by a physician on a matter which does not come within the common knowledge of laymen carries considerable weight and as such must be correct and truthful. Otherwise it becomes deceitful and may lead to a miscarriage of J,ustice. UWYERS J0~.1:1, Page J57 Should a physician be in doubt as to the; niatter plaCed un. ·. ;quenC:es of ;your: dereliction and misbehavior. Like other pro. der his consideration he should so inform the cow-t. The ex.- .f~ssionals, su~h . as l~wyers, nurses and dentists, you may as. pression of such an opinion does not conslitiU.te ·a· ~hameful Con. sume civil and Ci-imlnal liability if you commit gross negligence fession of Ignorance. It is merely a revelation of the l.Ontrover- and misbehavior ti:i the performance of your duties, and. If such sial nature of the case at hand. He should becir 10.' m'lnd. that happens it will inD.rk the end of your career. There is, there. his duty Is to testify to what he knows to be true and not fore a great need on your part to obser\'e the canons of mo. merely to help the court in decl~ing the ·C!UC, T~is would ~Ive rals and ethics that are necessary to enable you to profess your the court sufficient t;.asis to decide· the case acco"rding to its calling with hOnor and with dlgnltr to insure yo~ st.i.ccess. Our best judgment always having in view the"beSt inteR:st of justice. jurisprudence reco"rds some pathetiC cases whicP. involve thC: derellctlon of some physicians ·to the great prejudice of your pro:, Sincerity on the pa.rt of the physician is of utmost import- fession. · ance in the litigation of a case. He shoulc;l not allow himself to Our government has recognized the importance Of your pro:.. sway his conviction simply because of monetary consideration. Cession iri promoting the health of our people when it approved ~:m~1:4::t:~Y ~~:~~e~ntoa~:~:!:~h~h~s P::::ie~~Ya =~~!~~ :°i,~~!1:~u1~~: ~~/::~:~~ ir';:11~~7:e ~~v:~; 'y:t1~~:et!;: from the medical or legal point of view may find that his only ing this step our government came to realize that a vigilant and hope is to set up the defense of insanity. So he comes to a continuous care of our youth ts vital to tum out a healthy and physician for assistance upon the plea that his only salvation robust race. And so it made compulsory the medical clinics in lies in his hands. As unscrupulous physician may submit.him- our rural areas fo"r the be'ne.fit of our ru1·al people who may not ~~~ :a:~tb~~dtl~ri~; :b:~n:t~7sc~;;1i~:=r:~i~~~ti!~cl~ ~i:~:; have the means to employ the services of a physician to minister situation may arise when a litigant desires to recover damages ~~f!~;~~ :~:~:t~e !::~ :~a~~::~o~~~e :.:d~~;d~~~ i~~::.ic::! in connection with some physical Injury he may have suffered the other a source of employment for our physicians, Our gov. ~::~g ~~o~:~r~:~hth':: ~~~:t~~~:Oe~~ ~i~t~~~cl:::~ ~~e '::.. crnment should be congratulated for having approved these mea. ployment of his technical knowledge. A physician should never sures which Indeed meet a Jong-felt need in ow- community. lend himself to giving a seemingly expert testimony to acc'?m· It may be of interest to you to know whether a physicif.I'!. plish this end merely to earn a substantial remuneration know. ·;~~g~~n b.:~~t~!~~~se:h:~:':x~:~:l:~dl~~~~n~n~o s~~ei:t~~ ;:: • :~~;!r!;. d~~sg ~~t~: s~~~: :~:;:tb~njt~st~~~P a:~i~~t!~: ::d fesslon. A case has arisen in this jurisdiction wherein a phy. never to defeat it. sician has engaged in the activities of a dentist upon the claim that his profession also embraces the activities and prerogatives A signlficwt fact that a physician should always remember belonging to the prOfession of a dentist. And so he was lnvesti. is that he Is a physician, and not an advocate. When a physi- gated and prosecuted and in defending himself against · the cian is called to testify in court, either as an ordinary wltnes;; charge he invoked in his f&vor some precedents in the United or as an expert witness, he does not become an advocate; he 1s States wherein a· physician has beeQ. allowed cto -engage in the a physiciG.n and remains a physician. He should not be cop. activities of a dentlBt upon the theory that the profession of a cemed with the outcome of the case except only in so far as physician covers the whole human anatomy and so tt can cm. giving a true and. full testimony and endeavoring to see that brace the treatment of the teeth and of the gums which strictly justice prevails. belongs to the profession of a dentist. Indeed, under the laws A physician has a duty to obey subpoena. A physician when of some states in the United States the profession of a physician subpoenaed may be called as ~ ordinary witness, a professional covers that of a dentist and so he only needs to undergo the ex.. witness, or an expert witness. If, for instance, a physician is aminatlon required for a physician. But in this jurisdlcUon a subpoenaed to testify to something wherein the fact of his be. dfferent situation obtains. The law governing the profession of ing a physician does not enter, he is an ordinary witness; where a physician Is different from the law governing the profession o( he testifies on the subject of medlcine merely becawe he treated a. dentist. These are twO distinct and separate professions and a certain person during a certa.in illness, he testifies as a pro- our laws require that one should pass an examination for each fesslonal or "technical" witness; and where he is asked a ques.. before he can engage in the practice of both professions, and so tion which calls for an opinion evidence, he becomes an expert the accused was convicted for having encroached on the func. witness, for he gives an opinion evidence based on his knowledge tions and prerogatives of a. dentist. I am bringing this matter of medicine. to you so that you may know the llmltations of your profes.. sion and avoid the consequences that such encroachment may Yes, my friends, the judiciary needs your whok-hearted co. heap upon you. ;::a!o~a:~:o;t b:!~~i~a~~n:::ov~d=:~:::;n0: !~::L After liberation, the number of schools of medicine in the ex:rt ~sttem, n~t 11so ~uch for ~ore tkno~edg~ an;~n~~~d ex:~~~~~~;:~::~~: :::~::e::a~~~s:e=:~~i~~eln m~~:. =p~ve: m::~:-0~ pr:u~~~e an:n:~J~g e;;ert :umon;. ~: profession. Statistics show that where before the last world war in this regard, allow me to reiterate again the three things which only two medical colleges were in operation the nwnber substan. a physician should possess to qudify himself as a medical ex. tially Increased thereafter reaching a total of seven in Manila pert: (1) he must be honest and unbiased 1n his testimony; and In the provinces. As of the school year 1962..1963, the over. (2) he must have real expert knowledge of the particular sub. ~!~;;~~~:rinoft;~u:=~e;n:,1~:;:h:!ie~e~~l ~~1:•7!8·in T: ject on which he ls called upon to testify; and (3) he must study number of graduates that every year are turned out has necessa!!:~:=: ~~~:;e ~: ~~sto~~~~~te~~p~:: b~i~:lf a~h~~~ ~~~~~o~:~n~ t:e ~~td::::e~ ~:c:~:~~t:fd:l~~:i:=t ~uto~~ hies on the subject. our population of 28 million we have at present 27/j72 pbysicla.ns, Since your profession deals directly with the health of our male and female, 9,862 dentists, 16,417 pharmacists, and people the law imposes upon you certain duties an~ responsibilities 27,500 lawyers. This shows that there are at present more pby. which you should observe with care, diligence; skill. and ability", slcians than lawyers tn the Philippines. lest you may be· indicted· and ·held accbU.n~ble··for thC conse- (Continued next page) LAWYERS JOURNAL ~eriJ.bel" 31f 'I9M SETTLEMENT OF LABO'R DISPUTES IN INDUSTRIES AFFECTE!D WITH A NATIONAL INTEREST* By JERRE;. S. WIUIAMS Professor of Law, University of Texas SchCJol of Law RECENTLY WIDELY publicized lo.bar disputes reveal a serious need for re-evaluation of collective bargaining and also of the procedures being used for dealing with crltical work stoppages. The initial postulate should be the pr_eservation of the free· collective bargaining system. Yet we must be willing· to admit honestly that the freedom to barga.in cannot be allowed alwal's to prevail. Prolonged strikes in some critical areas cannot be tolerated. Further, we have recently begun to realize that contract settlements without work stoppages in sorqe industries may hr.\.'C such permeating effects on the economy that public concern tor the bargain is inescapable. These considerations make it impossible to define with precision those labor disputes which affect the national interest. There is a broad difference between critical production stoppages and inflationary wo.ge settlements, yet both situations evoke the national interest. In some instances the national- interest in labor disputes will be only generally involved, but tn . others it will be intei;ise and immediately demanding. These "' Here is the winning paper in the 1963 Ross Essay competL tion sponsored by the American Bar Association under a bequest from the late Judge Eskine Mayo Ross. Mr. Wllliams declares that collecti,,·e bargaining must be nurtured and strengthened so that the drastic measures that might be necessary to settle na.. tional-emergency strikes may be kept within narrow bounds. This article is reproduced from the AMERICAN BAR ASSOCIATION JOURNAL Vol. 49, No. 9, Sept., 1963; pp. 862-868. THE PHYSICIAN'S . . . (Conth1ued from page 358) Considering the present trend towards the medical profession which beats by a mile other academic professions, the question m&.y be asked: Is there need of moratorium in the study of medicine in the Philipi:iines? Many will no doubt give an affirmative answer bearing in mind that in this era of science, technology aod industrlaliz&tion there ls more need of technical and scientific men than men of letters, phllosophy, law and medicine. Our country ls endowed ·with rlch natural resources which remo.in untapped and await only the hands of technical men to make them productive, thus contributing to our economic advancement. Technology is the thing we need coupled wth the promotion of vocational courses to give impetus to our economic growth and natural wealth. Dr. Juan Salcedo, President of this Association, who is the Chairman of the National Development Science Board, will bear me out in this imperative need for technicians in our country. But there are many, to be sure, who wlll differ from this way of thinking, for they know that the study of medicine is as essential to society as the food to men. They will argue th.o..t medicine is studied not alone as a modus vivendi but to be useful in society and in the healthy growth of our population. In fact, many study medicine not to engage in private prE.ctice but to make use of it in the service of the government and in the promotion and conservation of the Fillpino race. The truth ts that knowledge of medicine is essential to the individual not only for the protection of his health z.nd of his family but also to advance his social st;;..ture and culture. Weghty reasons, therefore, exist in favor of the continuation of the study of medicine. The question may be asked whether physicians who are en~ differences must guide in the development of solutiolll!I to the problems created by these labor disputes. The first of the two major inquiries in reaching tow.o.rd the solution of problems posed by labor disputes affected with the national interest is to consider the extent to which collective bargaining can serve this function. The more "effective collective bargaining ts, the Jess need there will be for extreme and regimented measures. But the bargaining process wUI not be effective in every case where the public property is deeply concerned about a work stoppage. So the second major Jlne of inquiry must be into additional needed measures where collective bargaining fails adequately to protect the public interest. Collective Bargaining Is . Fundamental, but Stagnant Collective bargaining ho.s been the fundamental national ap.proach to the resolution of economic disputes between emplayees and employer for well over a generation.I Yet the most noteworthy circumstance surrounding our governmental approach to collective bargaining today is that there has been little attempt to hnprove the process since its creation. Governmental p0Ucy-mo.king has constantly been concerned with balancing bar( Continued next page) 1. National Labor Relations Act, 49 Stat. 449 (1935), as amended, 29 U.S.C. Sections 151-167 (1958); Railway Labor Act 44 Stat. 577 (1926), as amended, 45 U.S.C. Sections )51-163 (1958). gaged .;;.s college professors or doctors in private enterprises are entitled to organize themselves within the meaning of the Magna Carta of Labor which is Republic Act 875. The answer is in the affirmative. It is now settled that doctors, lawyer&, teachers, and other professional people can organize themselves into unions if they want to promote their rights and defend their economic security. Medical societies uid bar associations are sometimes referred to by laboring peoples as "doctors' unions" and "lawyers' union." It must, however, be born in mind that such right is quallfied by the circumstance that the employing institution must be one operated for profit. If the employer is a non-profit organization it does not come withiri the purvie-w of the Act. This means that while professors can organize themselves into a union they cannot however make use of a strike as a weapon to enforce their demands nor can they file an unfair labor practice charge against their employer. As an example we may cite physicians who are employed in the Red Cross Organization or in hospitals, public or private, that are organized not for profit but for humanitarian reasons. As members of a respectable profession in our society, your activities should not be confined to the narrow circle of your calling. You must also do your part in promoting the welfare of your community. You must take part in the crusade to which good citizens are now dedicated for the moral uplift of our people. This is especially so <>.t this time when the moral of our youth is at its lowest ebb. In doing so yqu will not only contribute to the healthy growth of our youth but to the moral and spiritual regeneration of our people. December 31, 1963 LAWYERS JOURNAL Page 359