DOCTOR SAN (Of Foreign nationals practicing their professions in the Philippines)

By Obiter07

Under the Constitution[1] and as implemented in the Foreign Negative List periodically issued by the executive branch, the practice of professions is generally reserved only to Filipinos.

As provided in Executive Order No. 584 “Promulgating The Seventh Regular Foreign Investment Negative List”, the following professions are reserved only to Filipino citizens unless otherwise prescribed by law:

a) Engineering: i. Aeronautical; ii. Agricultural; iii. Chemical; iv. Civil; v. Electrical vi. Electronics and Communication; vii. Geodetic; viii. Mechanical; ix. Metallurgical x. Mining; xi. Naval Architecture and Marine; xii. Sanitary;

b) Medicine and Allied Professions: i. Medicine; ii. Medical Technology; iii. Dentistry iv. Midwifery; v. Nursing; vi. Nutrition and Dietetics; vii. Optometry; viii. Pharmacy ix. Physical and Occupational Therapy; x. Radiologic and X-ray Technology; xi. Veterinary Medicine;

c) Accountancy; d) Architecture; e) Criminology; f) Chemistry; g) Customs Brokerage h) Environmental Planning; i) Forestry; j) Geology; l) Landscape Architecture; m) Law; n) Librarianship; o) Marine Deck Officers; p) Marine Engine Officers; q) Master Plumbing; r) Sugar Technology; s) Social Work; t) Teaching; u) Agriculture and v) Fisheries.

How foreigners can practice their professions here

But there is no absolute prohibition against foreigners practicing a profession in the Philippines. In fact, Republic Act No. 5181 (“An Act Prescribing Permanent Residence And Reciprocity As Qualifications For Any Examination Or Registration For The Practice Of Any Profession In The Philippines”), a statute dating way back to 1967, sets the conditions that will allow foreigners to come and practice their professions here:

SECTION 1. No person shall be allowed to practice any profession in the Philippines unless he has complied with the existing laws and regulations, is a permanent resident therein for at least three years, and, if he is an alien, the country of which he is a subject or citizen permits Filipinos to practice their respective professions within its territories: Provided, That the practice of said professions is not limited by law to citizens of the Philippines: Provided, further, That Filipinos who became American nationals by reason of service in the Armed Forces of the United States during the Second World War and aliens who were admitted into the practice of their profession before July 4, 1946 shall be exempted from the restriction provided herein.”

Hence, compliance with Philippine requirements, residency and there being no statutory bar to it, will allow a foreigner to validly practice a profession in the country.

Decided Case

In a recent case, the Supreme Court categorically stated that a Japanese may practice medicine in the Philippines. Dr. Yasuyuki Ota is a Japanese national, married to a Filipina, who has been a resident of the country for over ten years. He completed his medical studies in a Philippine school and completed internship training in a local facility as well. When he applied for medical board examinations, he was asked by the Professional Regulation Commission (PRC) to submit an affidavit of undertaking that should he pass, “he would not practice medicine until he submits proof that reciprocity exists between Japan and the Philippines in admitting foreigners into the practice of medicine.”

After passing, the Board of Medicine (Board) of the PRC, in a letter dated March 8, 1993, denied his request for a license to practice medicine in the Philippines, stating that the Board “believes that no genuine reciprocity can be found in the law of Japan as there is no Filipino or foreigner who can possibly practice there.”

The Supreme Court held that R.A. No. 2382, otherwise known as the “Medical Act of 1959”, states in Section 9 that candidates for the Board examinations be “a citizen of the Philippines or a citizen of any foreign country who has submitted competent and conclusive documentary evidence, confirmed by the Department of Foreign Affairs, showing that his country’s existing laws permit citizens of the Philippines to practice medicine under the same rules and regulations governing citizens thereof; x x x”. (Underscoring supplied)

In turn, Presidential Decree (P.D.) No. 223 also provides:

“j) The [Professional Regulation] Commission may, upon the recommendation of the Board concerned, approve the registration of and authorize the issuance of a certificate of registration with or without examination to a foreigner who is registered under the laws of his country: Provided, That the requirement for the registration or licensing in said foreign state or country are substantially the same as those required and contemplated by the laws of the Philippines and that the laws of such foreign state or country allow the citizens of the Philippines to practice the profession on the same basis and grant the same privileges as the subject or citizens of such foreign state or country: Provided, finally, That the applicant shall submit competent and conclusive documentary evidence, confirmed by the Department of Foreign Affairs, showing that his country’s existing laws permit citizens of the Philippines to practice the profession under the rules and regulations governing citizens thereof. The Commission is also hereby authorized to prescribe additional requirements or grant certain privileges to foreigners seeking registration in the Philippines if the same privileges are granted to or some additional requirements are required of citizens of the Philippines in acquiring the same certificates in his country; xxx” (Underscoring supplied)

Dr. Ota had submitted a copy of the Medical Practitioners Law of Japan, duly authenticated by the Consul General of the Embassy of the Philippines in Japan, which states that a medical practitioner only needs to pass the national examinations in order to practice there and that these can be taken even by graduates of a foreign medical school.

It was argued that “while the Medical Practitioners Law of Japan allows foreigners to practice medicine therein, said document does not show that conditions for the practice of medicine in said country are practical and attainable by a foreign applicant; and since the requirements are practically impossible for a Filipino to comply with, there is no reciprocity between the two countries, hence, respondent may not be granted license to practice medicine in the Philippines.”

The Court did not agree and stated that “Nowhere in said statutes is it stated that the foreign applicant must show that the conditions for the practice of medicine in said country are practical and attainable by Filipinos. Neither is it stated that it must first be proven that a Filipino has been granted license and allowed to practice his profession in said country before a foreign applicant may be given license to practice in the Philippines xxx”

The Court further held:

While it is true that respondent failed to give details as to the conditions stated in the Medical Practitioners Law of Japan xxx – respondent, however, presented proof that foreigners are actually practicing in Japan and that Filipinos are not precluded from getting a license to practice there

Respondent presented before the trial court a Japanese Government publication, Physician-Dentist-Pharmaceutist Survey, showing that there are a number of foreign physicians practicing medicine in Japan. He also presented a letter dated January 28, 1992 from Consul General Yabes, which states:

“S i r :

With reference to your letter dated 12 January 1993 xxx inquiries from the Japanese Ministry of Foreign Affairs, Ministry of Health and Welfare as well as Bureau of Immigration yielded the following information:

1. They are not aware of a Filipino physician who was granted a license by the Japanese Government to practice medicine in Japan;

2.However, the Japanese Government allows a foreigner to practice medicine in Japan after complying with the local requirements such as holding a valid visa for the purpose of taking the medical board exam, checking the applicant’s qualifications to take the examination, taking the national board examination in Japanese and filing an application for the issuance of the medical license.

Accordingly, the Embassy is not aware of a single Filipino physician who was issued by the Japanese Government a license to practice medicine, because it is extremely difficult to pass the medical board examination in the Japanese language. Filipino doctors here are only allowed to work in Japanese hospitals as trainees under the supervision of a Japanese doctor. On certain occasions, they are allowed to show their medical skills during seminars for demonstration purposes only. (Emphasis supplied) xxx“

The Court found that from “said letter, one can see that the Japanese Government allows foreigners to practice medicine therein provided that the local requirements are complied with, and that it is not the impossibility or the prohibition against Filipinos that would account for the absence of Filipino physicians holding licenses and practicing medicine in Japan, but the difficulty of passing the board examination in the Japanese language. Granting that there is still no Filipino who has been given license to practice medicine in Japan, it does not mean that no Filipino will ever be able to be given one.”

Subject to the requirements, we might yet see doctors of differing nationalities practicing in the country. Which could be well and good, considering the rate at which our doctors and other medical practitioners leave our shores for greener pastures. The healing hands we go to may sadly be no longer Filipino.

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[1] SECTION 14. The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit. The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. (Art. XII, Constitution)

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