Dear PAO,

My cousin opened a dental clinic in their home and has been practicing dentistry for years. In fact, he even appends to his name the title of D.M.D. Thus, we believed in good faith that he really is a registered dentist. However, we discovered last month that my cousin didn’t pass the board exam for dentistry. IN FACT, HE WASN’T EVEN ABLE TO fiNISH dentistry. Now that we are worried about him, will he be punished by the law?

Lanie

Dear Lanie,

Please be informed of Sections 13, 33 (a) and (h) of Republic Act 9484, otherwise known as “The Philippine Dental Act of 2007,” which state that:

“Sec. 13. Examination Required. - All applicants for registration for the practice of Dentistry, Dental Hygiene and Dental Technology shall be required to undergo a licensure examination to be given by the Board in such places and dates as the Commission may designate subject to the compliance with the requirements prescribed by the Commission in accordance with Republic Act No. 8981.

“xxx

“Sec. 33. Penal Provision. - The following shall be punished by a fine of not less than two hundred thousand pesos (P200,000.00) nor more than 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:

“Any person who shall practice dentistry, dental hygiene or dental technology in the Philippines as defined in this Act, without A certificate of registration and professional identification card and special permit issued in accordance with the provisions of this Act, or has been declared exempt;

“x x x

“(h) Any person who shall assume, use or advertise as a bachelor of dental surgery, doctor 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;” (Emphasis supplied).

According to the above-mentioned law, all applicants for registration in the practice of dentistry must undergo and pass the licensure examination for the same. Further, any person who shall practice dentistry without such a certificate of registration and those who will append to his or her name the titles of 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, may be punished with a fine ranging from P200,000 to P500,000, imprisonment ranging from two years and one day to five years, or both fine and imprisonment, in the discretion of the court.

In other words, your cousin may be held liable and penalized as above-mentioned because he practices dentistry without passing the licensure exam and obtaining the pertinent certificate of registration, and for appending to his name the title of D.M.D. without finishing the appropriate degree.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.