DOJ Opinion No. 047, s. 1987

DOJ OPINION NO. 047 , s. 1987 April 28, 1987 Hon. Alfredo R. A. Bengzon Secretary of Health Manila Sir : This refers to your request for opinion on queries quoted hereunder: "(1) Whether Section 4 (k) of P.D. 1519 is a class legislation considering that only members of the Philippine Medical Association or Philippine Dental Association may be accredited in the Medicare program while members of other medical associations are not given the same privilege. "(2) Whether section 5 of P.D. 1519 is class legislation considering that it gives the President of the Philippine Medical Association and the President of Philippine Hospital Association a seat in the Commission while presidents of other medical or hospital associations are not given representations." Precedents forbids this Department from passing upon the constitutionality or unconstitutionality of a presidential issuances, directive, proclamation, or executive order which should be presumed to be valid or legal (See Opinions Nos. 220 and 311, s. 1956; Nos. 17, 31 and 179, s. 1957; Nos. 206 and 225, s. 1958; and Nos. 227, s. 1960). This rule holds true with respect to a presidential decree, issued by a President in the exercise of his legislative powers. prcd Unofficially, however, I would venture to say that Section 4(k) of P.D. 1519 cited appears really to be unfair and a case assailing it on the ground that it is a class legislation may be difficult to defend. Sections 4 (k) and 5 of P.D. 1519, the Revised Philippine Medical Care Act, referred to in your queries provide expressly thus: "SEC. 4 (k). Medical or Dental Practitioner . Any doctor of medicine or doctor of dental medicine duly licensed to practice in the Philippines who is a member in good standing of the Philippine Medical Association or the Philippine Dental Association and accredited in accordance with rules and regulations promulgated by the Commission." "SEC. 5. Philippine Medical Care Commission . To carry out the purposes and objectives of this Decree, the Philippine Medical Care Commission created by Republic Act No. 6111, hereinafter referred to as the Commission, shall be composed of a Chairman, an Executive Director and the following members : the Administrator of the Social Security System, the General Manager of the Government Service Insurance System, the Secretary of Health, the Secretary of Finance, the Secretary of Local Governments and Community Development, the President of the Philippine Medical Association, the President of the Philippine Hospital Association, and the two (2) members representing the private sector. The private sector representatives shall be appointed by the President of the Philippines for a term of six (6) years." Under the aforequoted Section 4(k), a medical or dental practitioner to be entitled to accreditation must be, among others, a member in good standing of the Philippine Medical Association or the Philippine Dental Association. In other words, only a member in good standing of the Philippine Medical Association or the Philippine Dental Association is under Section 4 (k) entitled to accreditation. We have been informed that the Philippine Medical Association and the Philippine Hospital Association are private organizations in which membership is on a voluntary basis; and that aside from these associations, there are other medical or hospital associations duly licensed and registered under various laws, such as the Alliance of Health Workers, the Medical Assistance Group and the Philippine Private Hospital Association. prcd Section 4(k), therefore, is very vulnerable to an attack that is violative of the equal protection clause of the Constitution; that no real or substantial distinction exists between the members of the Philippine Medical Association and Philippine Dental Association mentioned in the Act and the other medical dental associations. There appears no valid justification to treat licensed doctors who are members of good standing of the PMA differently from licensed doctors who are not members of said association or who are members thereof but not of good standing, with respect to the practice of medicine under the Philippine Medical Care Act. In the light of the foregoing, I would suggest that steps be taken towards the amendment of the subject provisions of P.D. No. 1519 to eliminate the undue discrimination or unfairness inherent in the said provisions. Very truly yours, (SGD.) SEDFREY A. ORDOEZ Secretary of Justice