I. Introduction

Licensed dentists in the Philippines are governed not only by the Professional Regulation Commission (PRC) under Republic Act No. 8981 (PRC Modernization Act of 2000) but also by the Board of Dentistry pursuant to Republic Act No. 9484 (Philippine Dental Act of 2007). Dentists, as professionals, are bound by both administrative regulations and ethical standards. Acts of adultery or immorality, even if committed in a private capacity, can constitute unprofessional or unethical conduct and may be subject to administrative discipline before the PRC.

This article provides a comprehensive guide on how to file an ethics complaint against a dentist in the Philippines on grounds of adultery or immorality.

II. Legal Basis for Disciplinary Action

1. Republic Act No. 9484 (Philippine Dental Act of 2007)

Under Section 23, the PRC and the Professional Regulatory Board of Dentistry may suspend or revoke a dentist’s license for “unprofessional, immoral or dishonorable conduct.”

2. PRC Rules and Regulations

The Revised Rules of Procedure of the Professional Regulation Commission (PRC Resolution No. 990, s. 2016) outlines how administrative cases are filed, investigated, and resolved. Immoral conduct, even unrelated to dental practice, may fall under the Commission’s disciplinary jurisdiction.

3. Code of Ethics for Dentists

The Code of Ethics for Dentists (PRC Board of Dentistry Resolution No. 15, s. 2016) defines professional behavior expected of practitioners. It mandates that a dentist shall maintain conduct that upholds the honor of the profession, and explicitly disallows acts of moral turpitude or behavior that discredits the dental profession.

4. Adultery and Immorality as Grounds

Though adultery is a criminal offense under Article 333 of the Revised Penal Code, immorality in the context of PRC complaints does not necessarily require a conviction. Acts that show disregard for moral standards—such as engaging in an adulterous affair—can constitute “immoral or dishonorable conduct” warranting disciplinary action.

III. Who May File a Complaint

Any person aggrieved by the dentist’s actions—whether a patient, spouse, or third party—may file a complaint. The Board of Dentistry may also motu proprio initiate proceedings if sufficient evidence of unethical conduct comes to its attention.

IV. How to File a PRC Ethics Complaint

Step 1: Prepare a Written Complaint

The complaint must be in writing, under oath, and addressed to:

The Professional Regulatory Board of Dentistry c/o Legal and Investigation Division Professional Regulation Commission P. Paredes Street, Sampaloc, Manila

Contents of the complaint:

Full name and address of the complainant and respondent (the dentist)
Professional license number (if known)
Detailed narration of facts constituting adultery or immoral conduct
Supporting documents (e.g., affidavits, photos, messages, or certifications)
Specific relief sought (e.g., suspension, revocation, reprimand)

Format: The complaint should follow the style of a verified pleading, with a Verification and Certification Against Forum Shopping attached.

Step 2: Attach Supporting Evidence

Documentary evidence is crucial. Examples include:

Marriage certificates and court documents
Affidavits from witnesses
Text messages, photos, or letters indicating an adulterous relationship
Police or barangay blotter reports (if applicable)

Sworn affidavits must be notarized.

Step 3: File with the PRC

Submit the verified complaint and attachments to the Legal and Investigation Division of the PRC Main Office (or regional office if available). The complaint will be docketed and assigned a case number.

A filing fee may be assessed, typically minimal for administrative complaints.

Step 4: Preliminary Evaluation

The PRC Legal Division evaluates whether the complaint is sufficient in form and substance. If so, it issues an Order to Answer, directing the dentist to file a Verified Answer within a specified period (usually 15 days).

If insufficient, the complaint may be dismissed outright.

Step 5: Investigation and Hearing

Once joined, the case is referred to a Hearing or Investigation Officer. Both parties will be notified of scheduled hearings.

During the proceedings:

Parties may present evidence and witnesses.
Cross-examination is allowed.
The investigation is administrative, not criminal—proof beyond reasonable doubt is not required; substantial evidence suffices.

Step 6: Decision of the Board

After evaluation, the Board of Dentistry issues a Resolution recommending appropriate action:

Dismissal of the complaint,
Reprimand, suspension, or revocation of license.

The decision is transmitted to the Professional Regulation Commission for approval and enforcement.

Step 7: Appeal

A party aggrieved by the decision may appeal to the Commission en banc within 15 days from receipt of the decision. Beyond that, further recourse may be made to the Court of Appeals via Rule 43 of the Rules of Court.

V. Sanctions and Effects

Under RA 9484 and PRC rules, the following penalties may be imposed:

Reprimand – formal warning and record notation.
Suspension – temporary disqualification from practice.
Revocation – cancellation of license and prohibition from practice.

A dentist whose license is revoked may apply for reinstatement after a prescribed period, subject to PRC approval.

VI. Practical Considerations

Confidentiality – Proceedings are generally administrative but not strictly confidential; the dentist’s name may appear in public PRC decisions.
Parallel Criminal or Civil Cases – A PRC complaint may proceed independently of criminal adultery or civil annulment cases.
Evidentiary Weight – Conviction for adultery or judicial finding of immorality strengthens the complaint but is not required.
Time Frame – Resolution of administrative cases can take several months, depending on docket congestion.

VII. Conclusion

Filing a PRC ethics complaint against a dentist for adultery or immorality is a lawful recourse for those seeking accountability for unethical conduct. The process is administrative, grounded on moral fitness and professional integrity, not merely legal guilt. Through the Professional Regulation Commission and the Board of Dentistry, the Philippines ensures that those privileged to practice the dental profession uphold not only technical competence but also moral character worthy of public trust.

References:

Republic Act No. 8981 (PRC Modernization Act of 2000)
Republic Act No. 9484 (Philippine Dental Act of 2007)
PRC Resolution No. 990, s. 2016 (Revised Rules of Procedure)
PRC Board of Dentistry Resolution No. 15, s. 2016 (Code of Ethics for Dentists)
Revised Penal Code, Art. 333 (Adultery)