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FELIX MARQUEZ vs. BOME G.R. No. L-24119 August 8, 1925

1) The petitioner Felix Marquez sought a writ of mandamus to require the Board of Medical Examiners to admit him to their physician examinations, as he had graduated from the Chicago Medical College in 1922. 2) The Board denied him admission based on their new regulations classifying Chicago Medical College as a "Class C" school not meeting their standards. 3) However, the Board had previously accepted graduates of the college, including one who graduated in 1921, before the new regulations. 4) The court ruled that the Board has authority to determine what schools are "reputable" and their regulations can change, even if it causes hardship in some cases. Applicants take the risk that

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136 views2 pages

FELIX MARQUEZ vs. BOME G.R. No. L-24119 August 8, 1925

1) The petitioner Felix Marquez sought a writ of mandamus to require the Board of Medical Examiners to admit him to their physician examinations, as he had graduated from the Chicago Medical College in 1922. 2) The Board denied him admission based on their new regulations classifying Chicago Medical College as a "Class C" school not meeting their standards. 3) However, the Board had previously accepted graduates of the college, including one who graduated in 1921, before the new regulations. 4) The court ruled that the Board has authority to determine what schools are "reputable" and their regulations can change, even if it causes hardship in some cases. Applicants take the risk that

Uploaded by

Catherine Dimailig
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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EN BANC

G.R. No. L-24119 August 8, 1925

FELIX MARQUEZ, Petitioner, vs. THE BOARD OF MEDICAL EXAMINERS and THE
SECRETARY-TREASURER OF THE BOARD OF MEDICAL EXAMINERS, Respondent.

M.H. de Joya for petitioner.


Acting Attorney-General Reyes for respondents.

STREET, J.:

This is an original proceeding in this court by which the petitioner, Felix Marquez, seeks to
obtain a writ of mandamus against the respondents, the Board of Medical Examiners,
requiring them to admit the petitioner to the physicians' examinations conducted, or to be
conducted by the respondents in the City of Manila. To the original complaint the
respondents answered, and to the answer a demurrer was interposed in behalf of the
petitioner.chanroblesvirtualawlibrary chanrobles virtual law library

It appears that petitioner is a graduate of the Chicago Medical College, having received the
degree of M.D. from said institution on June 8, of the year 1922. No question appears to
have been made by the respondents with respect to the petitioner's qualifications of the
physician's examinations in other respects, but they have denied him admission to the
examinations on the grounds that the Chicago Medical College, where the petitioner was
graduated, has been classified as a Class C medical college by the National Medical State
Board of the United States. For this reason the respondents, in accordance with the
regulations of the board now in effect, have denied the requisite standing to said institution
and excluded petitioner.chanroblesvirtualawlibrary chanrobles virtual law library

It is not denied by the respondents that prior to the adoption of the present regulations, and
prior to the date when the Chicago Medical School was classified as a Class C medical
college, the Board of Medical Examiners for the Philippine Islands had accepted diplomas of
graduation from said medical college as sufficient proof of proficiency in medical knowledge
to admit a graduate to the examinations held in these Islands; and as late as October 29,
1923, said board accepted favorably upon the application of one Dr. Mariano M. Lazatin,
who was graduated from said school in the year 1921. At the time said candidate was
admitted, however, the regulations denying the requisite status to the Chicago Medical
College had not been made effective, and they had been made effective by proper authority
before the present petitioner had submitted his
application.chanroblesvirtualawlibrary chanrobles virtual law library

In the argument for the petitioner it is admitted that under Act No. 3111, and the
regulations now in force, the petitioner is disqualified to take the examinations; but it is
pointed out that at the time he began and even when he conducted his course in the
Chicago Medical School, said institution was still recognized as a reputable medical
institution; and the question submitted is whether the petitioner's case should be governed
by the law and regulations in force at the time of his enrollment in and graduation from the
Chicago Medical School, or by those in force at the time he filed his application for
admission, on or about September 26, 1924. It is submitted for the petitioner that his case
should be governed by the law and regulations at the time of his graduation. To hold
otherwise, it is insisted, is to make the law retroactive in effect and to do irreparable
damage to the petitioner, who has pursued his work in the institution referred to in good
faith, believing that said school had the status necessary to qualify him from
examination.chanroblesvirtualawlibrary chanrobles virtual law library

The position taken by the petitioner is, we think, untenable. The question whether a medical
institution is "a reputable medical school," in the sense intended by the law, is vested in the
Board of Medical Examiners, and although the action taken by them may conceivably, in
isolated cases, result in hardship, nevertheless the interests of the public require that the
board should be free to exercise its judgment and discretion without reference to the effect
of the determination of the question in particular instances. There can in the nature of
things be no vested right in an existing law, which would preclude its change or repeal. No
one who has commenced preparation in a particular institution has any inchoate right on
account of that fact. If the law were otherwise upon this point, it would be impossible for
the Board of Medical Examiners to give effect to the knowledge which they from time to
time acquire as to the standing of medical schools; and an intending physician, upon
matriculating in a particular college, takes upon himself the risk of changes that may be
made in the standing of the institution by the board.chanroblesvirtualawlibrary chanrobles
virtual law library

The demurrer to the answer is not well taken. The answer is therefore declared sufficient,
and the petition dismissed, with costs, So ordered.

Avance�a, C.J., Johnson, Malcolm, Villamor, Johns, and Villa-Real, JJ., concur.

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