Makilala Institute of Science and Technology: Law Defined
Makilala Institute of Science and Technology: Law Defined
Makilala Institute of Science and Technology: Law Defined
I. Learning outcomes:
a. Importance of laws to the society
b. Legal rights and responsibilities
c. Criminal liabilities
II. Topic: The Law and the Society
III. References:
De Belen, R.T., (2010). Empowering Midwives: Ladderized Midwifery. C & E Publishing Inc.
LAW DEFINED
“A rule of conduct or action formally recognized as binding and enforced by a controlling
authority.”
CHARACTERISTICS OF LAW
It is a rule of conduct or action which determine what can be done and what cannot
be done. State law embraces external acts only. Morality includes both internal
thoughts and external acts.
Law is obligatory which means that every person is obliged to follow the law. If the
person disobeys the law,a punishment is imposed on him. Punishment for
disobedience to the law are an effective way of enforcing obedience to the law.
It is promulgated by the legitimate authority. In the Philippines, the Congress, the
legislative branch of the government, is the legitimate body that enact laws.
It is a common observance and benefit. Law is promulgated to regulate the conduct
of man and maintain harmony in society. In order to be useful, it must be followed
by everybody. The benefits brought by law are:secures justice, resolves social
conflict, ensure social order, and protects interest and control social relations. Life
without law to protect people from violence, theft and destruction would be less
safe, less healthful, less orderly and less wholesome. No society can survive
without law.
JURISPRUDENCE
Jurisprudence is the science of law.(Webster, 1981) It embraces all the laws enacted by the
legislative body of the state, all rules and regulation promulgated by those in authority,
court decisions and formal principles upon which laws are based (Asprer, 1990).
Midwifery Jurisprudence includes all laws, court decisions, legal principles and doctrines,
rules and promulgation which regulate the practice of midwifery. The practice of midwifery
is regulated by the following:
The midwifery law
The constitution of the Republic of the Philippines
Rules and regulations promulgated by the Board of Midwifery and Professional
Regulation Commission
Decision of the Board of Midwifery and PRC which has bearing on the practice
of midwifery
Decisions of the Supreme Court on cases relevant to Midwifery practice
The Revised Penal Code
The New Civil Code of the Philippines
The Revised Rule of Court
The National Internal Revenue Code
Other laws which affects the practice of midwifery
The Labor Code
Amendments of previous law relevant to midwifery practice
CLASSIFICATION OF LAW
1. Natural Laws- These are the laws that derive their authority and forced from God. They
are considered to be superior to other laws and bindings to the whole world. Natural laws
are the Eternal Laws(that is ,”God’s eternal plan and providence for the universe”) as
known to man by his (man’s) reason.
a. Physical Laws- They are the universal rules of action that govern the conduct and
movement of material things. They are also known as the law of nature. Example:
Law of Gravity.
b. Moral Laws- They are the set of rules that establish what is right and what is wrong
as dictated by human conscience and inspired by the eternal law.
2. Positive Laws- Positive laws are the laws that are promulgated expressly and directly.
a. Divine Positive Laws- They are the laws that are promulgated expressly and
directly by God Himself. They are made known to man through revelation. Example:
The Ten Commandments.
b. Divine-Human Positive laws- These are the laws that are promulgated by God’s
representatives on Earth under His Divine inspiration. Example: Ecclesiastical
laws by the church.
C. Human Positive Laws- These are the human positive laws promulgated by man.
Public law- These are the human positive laws that govern the relationship between
the state and its citizens (and also between or among states).Public laws of a State.
Public laws may be classified as follows:
Constitutional law- it refers to the Constitution which is the supreme and
fundamental law of a state. It basically defines the powers of government and the
rights of the citizens. Example: The 1987 Constitution of the Republic of the
Philippines.
Criminal Law- It is the law that defines crimes, treats of their nature, and provides
for their punishment. Example: The Revised Penal Code of the Philippines (Act
No.3815).
Administrative Law- It is the law that governs the organization, competence and
functions of government administrative authorities.
Laws of Public Officers- It is the law that governs the conduct of those who hold and
exercise public offices and functions.
Election Law- It is the law that governs the exercise of the right of suffrage,
especially in the selection of the representatives of the citizens in the government.
International Law- It is the law that governs the relationship between and among
states or nations.
Private Laws- Private laws are laws that govern the relationships between members of
the society among the citizens of a state. They are further classified into:
Civil Law- These are the law that regulate the relations that exist among members
of the society for the protection of protection of private interest. Example: Law on
Succession(found in the Civil Code of the Philippines, R,A. 386).
Commercial Law- These are the law that regulate the commercial or business
relations among members of the society.
Remedial Law- These are the laws that prescribe the methods of enforcing right or
of obtaining redress for their invasion. It refers to the means and methods of
setting the courts in motion, making the facts known to them, and effectuating their
judgments.
SOURCES OF LAWS
In the Philippines, the principle source of laws are the Constitution, Legislative
enactments of the Congress, administrative rules and regulations, judicial decisions and
customs.
1. Constitution- The Constitution of the Republic of the Philippines is the fundamental and
supreme law of the land or the highest law to which all the other laws must conform. No
laws in the country is valid if it is in conflict with the constitution. It is binding on all
individual citizens and all agencies of the government. The constitution must be obeyed,
whether it is right or wrong,unless it is changed by the sovereign power of the people.
Example: The 1987 Constitution of Republic of the Philippines.
1. Meaning of a state
A state may be defined simply as a community of persons with a definite territory, a
government of their own, and sovereignty.
Example: Republic of the Philippines as a state.
2. Elements of a state
a. People - This refers to the mass of population permanently inhabiting the territory
of the state. Example: The Filipino people.
b. Territory - This refers to the definite and fixed portion of the earth permanently
inhabited by the people of the state. Example: The territory of the Republic of the
Philippines as defined (or delineated) in Article I of the 1987 Constitution of the
Republic of the Philippines.
c. Government - This refers to the agency through which the will of the people of the
state is being formulated, expressed and finally realized. Example: The
Government of the Republic of the Philippines.
d. Sovereignty - This refers to supreme and uncontrollable power by which the state
is governed. [Under Art.II, Sec.1, of the 1987 Constitution, “sovereignty resides in
the (Filipino) people and all government authority emanates from them”.]
3. Inherent Power of the state
a. Police Power- This refers to the power of the state to regulate rights, privileges and
property for the promotion of the general welfare. Examples: The regulation of the
practice of nursing under RA 9173.
b. Power of Eminent Domain- This refers to the power of the state to take private
property for public use upon payment of just compensation. Example: The state
may take a privately-owned piece of land to be used as a public road, even against
the consent of the private owner, provided that he is paid just compensation.
c. Power of Taxation- This refers to the power of the state to demand
contributions(in the form of taxes) from the people in exchange for the protection
and services it provides to them. Example: Nurses who earn income from the
practice of their profession may be required to pay income taxes.
4. The Three Branches of Government:
a. Legislative Branch- This refers to the Congress of the Philippines, which is made up
of the Senate and of the House of Representatives. The Constitution vests this
branch with legislative powers(or the power to make laws).
b. Executive Branch - This refers to the executive departments and is headed by the
President of the Philippines who is also known as the Chief Executive. (The
executive department are headed by the respective secretaries who are considered
as the alter-egos of the President.) The Constitution vests the President with
executive powers (the power to executive or implement or implement the laws of
the land).
c. Judicial Branch- This refers to the Judiciary, which is the Supreme Court of the
Philippines and the other courts established by law. The Constitution vests the
Judicial power (the power to interpret and apply the laws).
RIGHTS
EXECUTIVE ORDER
Executive Order No. 51- The milk Code or the National Code on the marketing of Breast
milk Substitutes, Breast milk Supplement and Other Related Products. This law aims to
provide safe and adequate nutrition for infants by the protection and promotion of beast
milk and by ensuring the proper use of breast milk substitutes.
Important Provisions:
Manufacturers and distributors shall not be permitted give samples and supplies of
breast milk substitutes to the public to the public and health workers.
Health workers and community workers shall emphasize to mothers the hazards
and risk of the improper use of breast milk substitute.
Health workers shall encourage and promote breastfeeding.
Health workers shall not give samples of infant formula to pregnant and lactating
mothers or to the members of their family.
The labels of milk products covered by the Code shall have written important
notice such a “This product is not intended to replace breast milk” or
“Breastfeeding is best for your baby”. Labels and containers of breast milk
substitutes should not discourage breastfeeding.
Executive Order No. 180- Government Worker Collective Bargaining Rights
Executive Order No. 174- National Drug Policy on Availability, affordability of Safe,
Effective and Good Quality Drug for All.
Illegitimate children are those conceived and born outside a valid marriage. Illegitimate
children shall use the surname and shall be under the parental authority of their mother.
Note: When filling birth certificate, ask for copy of marriage certificate in order to
determine the legitimacy of the child. When interviewing a single mother for the birth, be
tactful and nonjudgmental.
LETTER OF INSTRUCTION
A Letter of instruction or LOI is an issued by the president to serve as a guide to his
previous decree or order.
Letter of Instruction No.47- This law directs all schools of midwifery, social work, nursing,
medicine and allied medical profession to include family planning in their curricula.
Letter of Instruction No. 1000- This law directs government agencies to give preference
to members of accredited professional organizations when hiring employees.
Letter of Instruction No. 949- The law that created Primary Health Care system.
PRESIDENTIAL DECREE
Presidential Decrees (PD) is an order of the president. This power of the president which
allows him to act as legislator was exercised during the Martial Law period.
Presidential Decree No. 825 - This law provides penalty for improper garbage disposal
and other forms of uncleanliness.
Presidential Decree No. 996 -This law provides for compulsory basic immunization for
children and infants below eight(8) years of age.
The child is one of the most important assets of the nation and every effort should be
exerted to promote his welfare and enhance his opportunities for a useful and happy life.
The child can be protected against death, disease,and disability through an integrated and
comprehensive basic immunization program for infants and children.
It shall be the duty of the parents, guardian, or persons having custody of the infant or child
to see to it that such infant or child is presented for basic immunization services at such
place and time as specified by the Department of Health.
The head of an institution where infants or children are educated, treated, cared for
committed by law preventive and rehabilitative services shall provide basic immunization
services: Provided, that arrangements may be made by the said institution with the
Department of Health for free immunization services.
It shall be the duty of schools, public or private, to provide basic immunization services to
all pre-school and primary school entrants who have not received such immunization
subject to rules and regulations as the Secretary of Health may promulgate.
Presidential Decree No.965 - This is a decree requiring applicants for marriage license to
received instruction on family planning and Responsible Parenthood. Such instructions or
information may be in the form of personal and/or handbook ,pamphlets or brochures.
Furthermore, such instructions and information shall be consistent with the policies of the
Commission on Population/ the law provides that no marriage license shall be issued by
the local Civil Registrar unless the applicants present a certificate , issued at no cost by the
Office of Family Planning that they had received instructions and information on family
planning and responsible parenthood.
Presidential Decree No.651 - The Birth and Death Registration Law.
Registration Birth- All babies born in the hospitals, maternity, clinics, private homes, or
elsewhere irrespective of the nationality, race, culture, religion or belief of their parents,
whether the mother is a permanent resident or transient in the Philippines, must be
reported for registration, in the office of the local civil registrar of the place of birth by the
physician, nurse, midwife, hilot, or hospital or clinic administrator who attended the birth
or in default thereof, by either parent or a responsible member of the family or a relative or
any person who has knowledge of the birth of the child within 30 days after birth. Birth
certificates shall be a prerequisite to enrollment in the first grade in all public and private
schools in the country and in the first grade in all dependents under the National internal
Revenue Code.
Registration of Deaths- all persons, irrespective of nationality, race ,culture and belief,
whether a permanent resident or a transient in the Philippines, who died in the hospitals,
clinics, private homes, or elsewhere, must be reported for registration by the physician
who attended the decreased or in default thereof,by the nearest responsible relative or by
any person who has knowledge of such death within 48 hours after death to the local
health officer of the place of death who shall then issue the corresponding certificate of
death and order its registration in the office of the local civil within thirty(30) days after his
death.
Presidential Decree No. 541- Allowing former Filipino professionals to practice their
respective professions in the Philippines. A considerable number of formel Filipino
professionals are now desirous to come home under the Balikbayan Program, and, while
where, would like to serve our people or share their advanced knowledge or expertise with
their local professional colleagues. For the sake of faster natural development, our
government is now trying to attract these former Filipino professional to return and reside
permanently in the Philippines so they can provide the talent and expertise urgently
needed by the homeland.
Professional Decree No. 69- Limits the number of children to four for tax exemption
purposes.
Presidential decree No. 148- The Woman and Child Labor Law. It provides for the
privileges of working woman and states that no child below 14 years old shall be employed.
Presidential Decree No. 48- Limits maternity leave benefits to four children.
Presidential Decree No. 442- The Labor Code. Promotes and protects employees, self-
organization and collective bargaining rights.
Presidential Decree No. 603- The Child and Youth Welfare Code. It protects the rights and
promotes the welfare of children.
The child is one of the most important assets of the nation. Every effort should be exerted
to promote his welfare and enhance his opportunities for useful and happy life.
The child is not a mere creature of the state, his individual traits and aptitudes should be
cultivated to the utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at the home, Consequently,every member of
the Family should strive to make the home a wholesome and harmonious place as its
atmosphere and conditions greatly influence the child’s development.
Attachment to the home and strong family ties should be encouraged but not to the extent
of making the home isolated and exclusive and unconcerned with the interest of the
community and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should
receive the aid and support of the government.
Other institutions, like the school, the church, the guild, and the community in general,
should assist the home and the State in the endeavor to prepare the child of the
responsibilities of adulthood.
The father and mother shall exercise jointly just and reasonable parental authority and
responsibility over their legitimate or adopted children. In case of disagreement, the
father’s decision shall prevail unless there is a judicial order to the contrary.
The parents shall have the right to company of their children and, in relation to all other
persons or institutions dealing with the child’s development, the primary right and
obligation to provide for their upbringing. Parents have the right to discipline the child as
may be necessary for the formation his good character, and may therefor require from him
obedience to just and reasonable rules, suggestions and admonitions.
Parents shall have the following general duties toward their children:
To give him affection, companionship and understanding.
To extend to him the benefits of moral guidance, self discipline and religious
instructions.
To supervise his activities, including his reaction.
To inculcate in him the value of industry, thrift and self-reliance.
To stimulate his interest in civic affair, teach him the duties of citizenship, and
develop his commitment to his country.
To advice him properly on any matter affecting his development and well-being.
To always set a good example.
To provide him with adequate support.
To administer his property, if any, according to his best interest. All parents are
required to enrol their children in schools to complete, at least, an elementary
education. The home shall fully support the school in the implementation of the
total school programs: curricular and co- curricular- toward the proper
physical,social, intellectual and moral development of the child.
Whenever proper, parents shall allow the child to participate in the discussion of
family affairs, especially in matters that particularly concern him.in cases involving
his discipline, the child shall be given a chance to present his side.
The child will have the right to choose his own career. Parents may advise him on
his matter but should not impose on him their own choice. Subject to the
provisions of the Civil Code, the child shall have the prerogative of choosing his
future spouse. Parents shall not force or unduly influence him to marry a person he
has not freely chosen.
A dependant child is one who has no proper parental care or guardianship, or one whose
parents, guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.
An abandoned child is one who has no proper parental care or guardianship, or whose
parents or guardians have deserted him for a period of at least six continuous months.
A neglected child is one whose basic needs have been deliberately unattended.
Presidential Decree No. 1519- This law provided medical benefits to all government
employees regardless of status of appointment.
Presidential Decree No. 166- This law amended Presidential Decree No. 79. This law
strengthened family planning program by promoting participation of private sector in the
formulation and implementation of program planning policies.
Presidential Decree No.1636- This law required compulsory membership to the SSS of self-
employed persons.
Presidential Decree No.626- The Employee Compensation and Insurance Fund, This law
provided benefits to persons covered by SSS and GSIS for the immediate injury, illness,or
disabilities.
Presidential Decree No.147- Declares April 21 and May as National Immunization Days.
Presidential Decree No. 1146- The New GSIS Law which covers government employees.
Presidential Decree No.1519- The New Medicare Law Benefits. The law extended Medicare
benefits to episiotomy of primigravida.
Presidential Decree No.568- In this law, the Role of Public Health Midwives are expanded
under the RHCDS.
Presidential Decree No.169- The law requiring attending physicians and/or persons
treating from any form of violence, to report such fact by the fastest means of
communication to the nearest Philippine Constabulary Unit without delay to enable law
enforcement agencies to keep tract of all violent crimes, conduct timely investigations
thereon and effect the immediate arrest of the perpetrators.
Presidential Decree No.46- The anti-graft and corruption law that made it punishable for
any public official or employee, whether of the national or local governments, to receive,
directly or indirectly, and for private persons to give, offer to give, any gift, present or other
valuable thing is given by reason of his official position, regardless of whether or not the
same is for past favors, or the giver hopes or expects to receive a favor or better treatment
in the future from the public official or employee concerned in the discharge of his official
functions. Included in this provision is the throwing of parties or entertainments in honor
of the official or employee or of his immediate relatives. The Decree aims to wipe out all
conceivable forms of graft and corruption in the public service and is concrete step in the
social structure of the country.
Presidential Decree No.881- This is a decree Empowering the Secretary of Health to
Regulate the labeling, Sale and Distribution of Hazardous Substances.
Presidential Decree No.3200- The Professional Regulatory Code of the Philippines.
Presidential Decree No.1359- A law allowing applicants for Philippine citizenship to take
Board exams pending their naturalization.
Presidential Decree No. 4226- The Hospital Licensure Act.
PROCLAMATION
A proclamation is an official declaration by the Chief Executive or Office of the President of
the Philippines on certain programs, projects and situation.
REPUBLIC ACT
An act passed by the Congress of the Philippines, while the form of the government is a
Republican state.
Republic Act No. 349- This law was already amended by Republic Act 1056. It legalized the
use of human organs for surgical, medical and scientific purposes.
Republic Act No. 1054-it shall be the duty, of the owner, lessee or operator of any shop,
factory, estate, or commercial, industrial or agricultural establishments or branch thereof,
whether the same be an individual corporation, or partnership, or government- owned or
controlled corporation, or the National Government, or a provincial or municipal
government or the of any political subdivisions whatsoever, who habitually employs in any
locality employees or laborers to furnish free emergency medical and dental attendance to
his employees and laborers.
If the number of employees and laborers is not less than thirty (30) nor more than
two hundred(200), the owner, lessee or operator shall keep a stock of emergency
medicines under the charge of the nurse for the use of his employees and laborers and shall
furnish free emergency medical and dental attendance to them.
When the number of employees and laborers exceeds two hundred (200) but is not
greater than three hundred (300), the owner, lessee or operator, in addition to keeping a
stock of emergency medicines under the charge of a nurse shall employ the services of a
permanent or retained physician and a permanent dentist for the benefit of employees and
laborers, and provide a room of storing material properly ventilated and adequate enough
to meet cases of emergency.
When the number of employees exceeds three hundred (300), the owner, lessee or
operator in addition to keeping a stock of medicine and employing full the services of a
physician and dentist for the purposes specified in the preceding two subsections, shall
maintain a dental clinic and an infirmary or emergency hospital of sufficient capacity of one
bed for each hundred employees except when this shall be unnecessary because of the
existence of a dental clinic and a hospital in place at a distance not greater than 2
kilometers from the commercial, industrial or agricultural establishment.
Republic Act No. 1080- Declared that professionals who passed the board and bar exams
are civil service eligible and need not take the Civil Services Examination to be able to work
in the government.
Republic Act No.1082- The Rural Health Act. This law provided for the creation of Rural
Health Units all over the country with the goal of promoting the health and well being of
the rural population. This act also provided for the employment of more physicians, nurses,
midwives, and sanitary inspectors who will live in their area of assignment and help raise
the health condition of the barrio people.
Republic Act No.1612- this law required that privilege tax or professional tax or omnibus
tax should be paid before any business or occupation can be pursued. This tax should be
paid before January 31 of each year. Persons working in government agencies from this tax.
Republic Act No. 1891- This law amended Section two, three, four, seven and eight of
Republic Act No.1082. It strengthened health and dental services in the rural areas.
Republic Act No. 2382- The Philippine Medical Act which regulates the practice of medicine
in the Philippines.
Republic Act No.3573- Law on the reporting of communicable diseases. This law provides
that any person may be inoculated, administered, or injected with prophylactic preparation
in order to prevent and suppress communicable diseases and that no person shall refuse as
to hinder or obstruct in any way such protective measures as may seemed advisable by the
Director of Health or his authorized representatives.
Republic Act No.4073- This act liberalized the treatment of leprosy. Except when certified
by the Secretary of Health or his authorized representatives that the stage of the diseases
requires institutional treatment, no persons afflicted with leprosy shall be confined in a
leprosarium; provided, that such person shall be treated in any government skin clinic,
rural health unit or by a duly licensed physician
Republic Act No.4226- Hospital Licensure Act. This law required all hospitals to be licensed
before it can operate.
Republic Act No. 5181- An Act prescribing permanent residence and reciprocity as
qualification for any examination or registration for the practice of any profession in the
Philippines.
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 which he is a subject or citizens permits
Filipinos to practice their respective professions within its territories: Provided, That the
practice of said profession is not limited by law to citizens of the Philippines: Provided,
further, that Filipinos who became American nationals by reason of services 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.
Republic Act No.5821- The Pharmacy Act. This law required that all prescription must
contain the following information:
Name of prescriber, office address, professional registration number, professional tax
receipt number
Client’s name with age and sex
Date of prescription
Republic Act No.6365- The National on Population. This law created the Commission on
Population or POPCOM.
1. Prohibited Drug which includes opium and its active components and derivatives , such
as
Heroin and morphine;
Coca leaf and its derivatives, principally cocaine
Alpha and beta eucane;
Hallucinogenic drugs such as mescaline, lysergic acid diethylamide (LSD)and other
substances producing similar effects;
Indian hemp and its deriivatives;
All preparations made from anyb of the foregoing;
And other drugs and chemical preparations,whether natural or synthetic, with the
physiological effects of a narcotic or a hallucinogenic drug.
Administer refers to the act of introducing any dangerous drug into the body of any
persons, with or without his knowledge by injection, ingestion or other means of
committing any act of indispensable to a person in administering a dangerous drug to
himself.
Cultivate or culture means the act of knowingly planting, growing, raising or permitting the
planting, growing or raising of any plant which is the source of prohibited drug.
Indian Hemp otherwise known as Marijuana embraces every kind, genus, class or specie of
the plant Cannabis sativa L., including cannabis americana, bashish, bhang, guaza, churrus
and ganjab, and embraces every kind class and character thereof, whether dried of fresh
and flowering or fruiting tops or any parts or portions of the plant, seeds thereof, and all its
geographic varieties whether as a refer, resin, extract tincture or any from whatsoever.
Narcotic Drug refers to any drug which produces insensibility, stupor, melacholy or
dullness of mind delusions and which may be habit forming, and shall include opium,
opium derivatives and synthetic opiates.
Pusher refers to any person who sells, administers, delivers, or give away to another, on
any terms whatsoever, or distributes, dispatches in transit or transports any dangerous or
who acts as a broker in any of such transaction, in violation of this act.
Republic Act No. 6511- Amended Republic Act No. 465. This law standardized the
examination and registration fees charged by the regulatory boards.
To promote, encourage and require the use of generic terminology in the importation,
manufacture, distribution, marketing, advertising and promotion, prescription and
dispensing of drugs.
To ensure the adequate supply of drugs with generic names at the lowest possible cost and
endeavor to make them available for free to indigent patients.
To encourage the extensive use of drugs with generic names through a rational system of
procurement and distribution.
Generic Name of Generic Terminology- is the identification of drug and medicines by their
scientifically and internationally recognized active ingredients or by their official generic
name as determined by the Bureau of Food and Drugs of the Department of Health.
Active Ingredient is the chemical component responsible for the claimed therapeutic effect
of the pharmaceutical product.
Chemical name is the description of the chemical structure of the drug or medicine and
services as the complete identification of the compound.
Drug Product is the finished product form that contains the active ingredients, generally
but not necessarily in association with inactive ingredients.
Drug Outlines means drugstores, pharmacies and any other business establishments which
sell drugs o medicines.
Essential Drug List or National Drug Formulary is a list of drug prepared and periodically
updated by the Department of Health on the basis of health conditions obtained in the
Philippines as well as on internationally accepted criteria. It shall consist of a core list and a
complementary list.
Core List is a list of drug that meets the health care needs of the majority of the population.
Complementary List is a list of alternative drugs used when there is no response to the core
essential drug or when there is hypersensitivity reaction to the core essential drug or when,
for one reason or another, the core essential drug cannot be given.
Brand Name is the propriety name given by the manufacturer to distinguish its product
from those of competitors.
Generic Drugs are drugs not covered by patent protection and which are labeled solely by
their international from those of competitors.
The Department of Health shall publish annually in at least two (2) newspapers of general
circulation in the Philippines the generic names, and the corresponding brand names under
which they are marked, of all drugs and medicines available in the Philppines.
Republic Act No. 6725- The law that strengthen the prohibition on discrimination against
women with respect to terms and conditions of employment.
Republic Act No. 6727- The law that provided Day Care Centers for every barangay.
Republic Act No. 6713- The Code of Conduct and Ethical Standard for Public Official and
Employees.
Republic Act No. 6758- The Revised Compensation and Position Classification System in the
Government.
Republic Act No. 6809-The law that determined majority age at 18 years old.
Republic Act No. 7170- The law that governs organ donation.
Republic Act No. 7305- THe Magna Carta of Republic Health Workers
Republic Act No. 7610- This law provided for special protection of children against child
abuse, exploitation and discrimination act.
Republic Act No. 6758- An act Prohibiting the employment of children below 15 years of
age and amend Section 12, Article VII of R.A. 7610.
Republic Act No. 7875- The Natural Health Insurance Act of 1995. An act instituting a
national health insurance program for all Filipinos and establishing the Philippine Health
Insurance Corporation for the purpose. This law repealed Executive Order No. 119,
Presidential Decree No. 1519 and other laws which applies to the administration of
MEDICARE.
Republic Act No. 8344- An Act Penalizing The Refusal of Hospital And Medical Clinics To
Administer Appropriate Initial Medical Treatment And Support In Emergency Or Serious
Cases, Amending For The Purpose Batas Pambansa Bilang 702, Otherwise Known As “An
Act Prohibiting The Demand Of Deposits Or Advance Payments For The Confinement Or
Treatment of Patients In Hospital And Medical Clinics In Certain Cases”.
Republic Act No.9231- An Act Providing For The Elimination Of The Worst Forms Of Child
Labor And Affording Stronger Protection For The Working Child, Amending For This
Purpose Republic Act No.7610, As Amended, Otherwise Known As The “Special Protection
Of Children Against Child Abuse, Exploitation And Discrimination Act”.
Employment of Children- Children below fifteen (15) years of age shall not be employed
except:
1. When the child works directly under the sole responsibility of his/her parents or legal
guardian and where only members of his/her family are employed;provided, however, that
his/ her employment neither endangers his/ her life, safety, health, and morals, nor impairs
his/her normal development:provided, further that the parent or legal guardian shall
provide the said child with the prescribed primary and /or secondary education;or
2. Where a child’s employment or participation in public entertainment or information
through cinema, theater, radio, television or other forms of the media is essential: provided,
that the employment contract is concluded by the child’s parents or legal guardian, with the
express agreement of the child concerned, if possible, and the approval of the Department
of Labor and Employment:provided, further, that the following requirements in all
instances are strictly complied with:
In the above-exceptional cases where any such child may be employed, the employer shall
first secure, before engaging such child, a work permit from the Department of Labor and
Employment which shall ensure observance of the above requirements.
Ownership, Usage and Administration of the Working Child’s Income.- The wages, salaries,
earnings and other income of the working child shall belong to him/her in ownership and
shall be set aside primarily for his/her support, education or skills acquisition and
secondarily to the collective needs of the family: provided, that not more that twenty
percent (20%) of the child’s income may be used for the collective needs of the family.
The income of the working child and/or the property acquired through the work of the
child shall be administered by both parents. In the absence or incapacity of either of the
parents, the other parent shall administer the same. In case both parents are absent or
incapacitated, the other of preference on parental authority as provided for under the
family Code shall apply.
Trust Fund to Preserve of the Working Child’s Income.- The parents or legal guardian of a
working child below eighteen (18) years of age shall set up a trust fund for at least thirty
percent (30%) of the earnings of the child whose wages and salaries from work and other
income amount to at least two hundred thousand (P200,00.00) annually, for which he/she
shall render a semi-annual accounting of the fund to the Department of Labor and
Employment, in compliance with the provisions of this Act.
The child shall have full control over the trust fund upon reaching the age of majority.
To ensure and guarantee the access of the working child to education and training, the
Department of Education (DEPED) shall:
1. Formulate, promulgate, and implement relevant and effective course designs and
education programs;
2. Conduct the necessary training for the implement of the appropriate curriculum for the
purpose;
3. Ensure the availability of the needed educational facilities and materials;
4. Conduct continuing research and development program for the necessary and relevant
alternative education of the working child.
Republic Act No. 9255- An Act following illegitimate Child To Use The Summer Of The
Father, Amending For The Purpose Article 176 Of Executive Order No. 209, Otherwise
Known As The”Family Code of The Philippines.”
Republic Act No. 9257- This law is known as the Expanded Senior’s Citizen’s Act of 2003.
An Act Granting Additional Benefits And Privileges To Senior Citizens Amending For The
Purpose Republic Act No. 7432, Otherwise Known As “An Act To Maximize The
Contribution Of Senior Citizens To Nation Building, Grant Benefits And Special Privileges
And For Other Purposes.”
Republic Act No. 9262- An A ct Defining Violence Women Against Women And Their Child,
Providing for Protective Measures For Victims, Prescribing Penalties Therefore, And For
Purposes.
Violence against women and their children “includes, but is not limited to, the following
acts:
1. “Physical Violence” refers to acts that include bodily or physical harm.
2. “Sexual violence” refers to an act which is sexual in nature, committed against a woman
or her child. It includes,but is not limited to:
Rape, sexual harassment, acts of lasciviousness, treating a women or her child as a
sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim’s body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the abuser;
Acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion;
Prostituting the woman or child.
3. “Psychological violence” refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as but not limited intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and mental
infidelity. It includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.
4. “Economic abuse” refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
Withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein the
other spouse/partner objects on object on valid, serious and moral grounds as defined
in Article 73 of the Family Code;
Deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal , community or property owned in common;
Destroying household property;
Controlling the victims’ own money or properties or solely controlling the conjugal
money or properties.
Republic Act No. 9288 - An act Promulgating a Comprehensive Policy and a National
System for Ensuring Newborn Screening.
Republic Act No. 9346 - An act prohibiting the Imposition of Death Penalty in the
Philippines
Republic Act No. 9439 - An Act Prohibiting The Detention of Patients in Hospitals and
Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses.
Republic Act No. 9442 - An Act Amending Republic Act No. 7277, Otherwise Known as The
Magna Carta for Disabled Persons, And For Other Purposes.
Republic Act No. 9481 - An Act Strengthening The Worker’s Constitutional Right to Self-
Organization, Amending For the Purpose Presidential Decree No. 442, As Amended,
Otherwise known as the Labor Code of the Philippines.
Board Resolutions:
1. No. 557, Series of 1998 - Code of Ethics for Midwives
2. No. 665, Series of 1985 - Continuing Professional Education for Midwives
RIGHTS
Right is something owed to an individual according to just claims, legal guarantees, moral
and ethical principles.
Human Rights
Human rights are those rights which are a person’s due as a member of the society. They
are not earned and exist independently of law or public opinion. Human rights claim an
authority higher than the state, an authority founded essential and universal need.
However, they occur in the context of a culture and are influenced by the beliefs or value
systems of that culture.
In 1949 the United Nations Assembly branch UNESCO claimed “all persons have a right to
a standard of living adequate to provide for health and well being and the right to food,
clothing, housing, and medical care”. This suggests that persons are entitled to certain
services, programs, and goods in order to maintain or achieve health as a basic human right.
The Patient’s Bill of Rights within the scope of the proposed Magna Carta of Patient’s
Right’s
1. Right to Medical Care and Humane Treatment
2. Right to Informed Consent
3. The Right of Privacy
4. Right to Information
5. Right to Privileged Communication
6. Right to Choose Physician
7. Right to Self-determination
8. The Right to Religious Belief
9. Right to Medical Records
10. The Right to Leave
11. The Right to Refuse Participation in Medical Research
12. The Right to Correspondence and Receive Visitor
13. Right to Express Grievances
14. Right to be Informed of His Rights and Obligations as a Patient
Midwives’ Rights(ICM,2017)
1. Every midwife has the right to a midwifery-specific education that will enable her to
develop and maintain competency as a midwife
2. Every midwife has the right to practise on her own responsibility within the
International Confederation of Midwives definition and scope of practice of a midwife
3. Every midwife has the right to be recognized, respected and supported as a health
professional
4. Midwives have the right to access a strong midwifery association that can contribute to
midwifery and maternity policy and services at a national level
Women’s and Midwives’ Rights (ICM,2017)
1. Midwives and women have the right to a system of regulation that will ensure a safe,
competent and autonomous midwifery workforce for women and their babies.
2. Midwives and women have the right to national midwifery workforce planning to ensure
sufficient midwives to meet the needs of women and babies
3. Women and midwives have the right to be respected by governments and government
institutions for health and education
4. The midwifery profession has the right to be recognized as a separate and distinct
profession.
NEGLIGENCE
Negligence is the failure to observe for the protection of the interest of another person,
that degree of care, precaution, and vigilance which the circumstances justify demand,
whereby such other person suffers injury (Philippine Supreme Court).
Negligence usually involves carelessness, ignorance, inattentiveness and confusion in
providing appropriate care to patient or client.
A midwife is required to serve her patients with utmost good faith and act with
reasonable care, skill and knowledge in the performance of his or her duties. Acting
otherwise is unprofessional and could lead to the midwife committing negligence.
A midwife who does not exercise due care in the performance of his or her duties is
likely to commit negligence. The same with a midwife who is not adequately prepared
to assume his or her professional responsibilities.
Every practicing midwife must keep in mind that his or her primary responsibility is
towards his/her patient, that being professional means being responsible and
accountable for one’s actions and decisions, and that in the nature of her work,
diligence, intelligence, and sincerity is expected of her always.
A professional midwife sees to it that she performs her duties correctly and assumes
only those responsibilities within the scope of midwifery practice and for which she
has adequate training and knowledge.
A midwife violates her duty towards her patient, and in turn towards her profession, if
she fails to render that standard of care expected from a registered midwife. A midwife
who at all times considers safety of her patient uppermost will not find herself in the
midst of a legal battle.
To determine negligence, it is first necessary to determine what reasonably prudent
person would do or would not do under the same circumstance. This is ascertained by
using expert testimonies, general experience, common sense, accreditation standards
and requirements of midwifery laws.
Test of Negligence
To determine if the person is indeed negligent, the following must be considered first:
A. Presence of duty
B. Failure to perform that duty which is either by act of omission or commission
C. Damage or injury to another person
D. The failure to perform one’s duty is the direct cause of damage or injury to another
person.
Doctrine of Res Ipsa Loquitor
Translated in english language, RES IPSA LOQUITOR means “The thing speaks for
itself”. This means that in certain instances, the presence of facts or circumstances
surrounding the injury clearly indicate negligence on the part of the defendant. (Civil
Code of the Phil., 12th edition,Paras Volume 5). Example, when a midwife caused burn
to a patient by improper use of hot water bag, the presence of burn wounds is enough
evidence that the midwife has been negligent in the use of hot water bag.
Conditions that Required to Establish Negligence
1. That the injury would not occur unless there was a negligent act committed by
someone.
2. That the injury arises from a situation within the control of the defendant.
3. That the plaintiff himself did not do anything that would cause the injury/bring
about harm.
1. Injury cannot the avoided despite the application at all times of all the means to avoid the
injury.
Example: During a home delivery in remote area, the patient hemorrhaged. The midwife
transported the patient to the nearest health care facility but the patient died on the way. In
this case the midwife cannot be held liable for the death of the patient as she did her best to
save the patient’s life.
2. When the patient’s own negligence was the immediate and proximate cause of his/her
injury.
Example: A newly delivered mother was instructed by the midwife about proper perineal
hygiene in order to hasten promote healing. The patient did not follow the midwife’s health
teaching and developed genital tract infection. The midwife cannot be held liable because
she did her duty. It was patient’s negligence that caused the infection.
3. Doctrine of Respondent Superior when the midwife is only following the lawful order of
a superior.
Example: If the patient sustained injury because of hospital policy or because the midwife
is only following a lawful order of the doctor, she cannot be held solely liable for the injury
caused.
The doctrine of Respondent Superior means that the negligence of the servant or employee
is the negligence of the employer or master. In Philippine torts we do not follow the
doctrine of Bonus Pater Familias which means Good Father of the family. In the Bonus
Pater Familias doctrine, a person is responsible or liable for the negligence of the persons
for whom he is responsible only if he fails to exercise the diligence of a “good father of a
family”. This rule is applicable in the following circumstances:
a. Teachers are responsible for the damages caused by their students or apprentices so
long as they remain in their custody. Thus a clinical instructor is liable for the negligent
acts of his students in the ward or community.
b. Employers shall be liable for the damages caused by their employees acting with the
scope of their assigned tasks. Thus if a midwife committed a negligent acts and caused
injury to her employer will also be liable for the negligent act she committed. If an
employer pays for the damages caused by his employee, the employer has the right to
recover from the employee what the employee what he has paid for such damages.
After all, the person who actually caused the injury should be made to answer for his
fault.
c. The father, and in his death or incapacity, the mother shall be responsible for the
damages caused by the minor children who live in their company.
d. Guardians are liable for damages caused by the minors or incapacitated persons who
are under their authority and live in their company.
4. Doctrine of Force Majeure or Fortuitous even if the midwife is not negligent. Fortuitous
event means any event beyond the control of human will.
Example: A midwife received a delivery all through the telephone and promised to come.
While on her way, she met an accident. As a result, she was not able to assist the mother
during delivery. Because there was no one to assist during the delivery, the mother and the
newborn suffered complications.
Is the midwife liable? No. The midwife is not liable because it was not her fault or
negligence that she was not able to assist the mother during labor and delivery.
INCOMPETENCE
Incompetence means lack of legal qualification and lack of qualities to discharge the
required duty. A midwife who is incompetent is unable to fulfill her duties properly and
effectively.
MALPRACTICE
SERIOUS IGNORANCE
GROSS MISCONDUCT
Refers to those conducts and actions of the midwife which shows him to be unfit and
unsafe to enjoy the rights and privileges conferred to a registered midwife. It includes
behaviors that is unbecoming of a midwife and tends bring reproach to the profession. To
justify suspension or revocation of license, the misconduct should be grave enough to cause
the Board to believe that the midwife is unfit to discharge her duties and unworthy of the
rights and privileges granted to registered midwives. A midwife commits gross misconduct
when she charges exorbitant fees to her patients.
CONVICTION OF A CRIME INVOLVING MORAL TURPITUDE
Moral turpitude refers to any act done contrary to justice, honesty, modesty and good
morals. It refers to baseness in character or moral depravity. Examples of crime involving
moral turpitude are theft, adultery or concubinage, evasion of income tax, blackmail,
bribery, embezzlement, extortion, forgery, libel, mutilation of public records, fabrication of
evidences, perjury, seduction, estafa, falsification of public document and smuggling.
Can an intra uterine life of less than seven months be registered as death?
A fetus with an intra uterine life of seven (7) months or more and born alive at the
time it was completely delivered from the maternal womb but died later shall be
considered as death and shall be registered in the register of Deaths.
However, a fetus with an intra uterine life of less than seven (7) months is not
deemed born if it dies within twenty-four (24) hours after its complete delivery from the
mother’s womb. For statistical purposes, a Certificate of Death shall be prepared in
duplicate and a copy of each shall be forwarded to the Office of the Civil Registrar and the
Office of the Civil Registrar-General.
Midwives are basically concerned with the birth registration. They must therefore
know that birth certificate must basically have (a) child’s name; (b) child’s sex; (c) child’s
birth date; (d) child’s birthplace; (e) child’s legitimacy; (f) father’s name, religion,
nationality, race, and occupation; and (g) parent’s marriage date and place of marriage. The
law requires that the birth of a child shall be registered within thirty (30) days from the
time of birth in the office of the Civil Registrar of the city/municipality where the birth
occurred. A report made beyond this period is considered late. Late registration beyond
thirty days after the fact is recorded in red ink.
Privileged Communication
A privileged communication is information given to a professional person who is
forbidden by law from disclosing the information in a court without the consent of the
person who provided it.
Legislation regarding privileged communications is highly complicated. A nurse would
be unwise to encourage disclosures or advise a client about the subject. The privileged
communication law is for the benefit of the client; a nurse who is given confidential
information should be prepared to answer questions fully and honestly if required to
testify in a court of law.
The American Nurses Association (ANA) refers to the matter of privileged
communications in its Code for Nurses (1985a). It advises the nurse to seek legal
counsel in regard to a privileged communication and to become familiar with the rights
and privileges of the client and the nurse.
Invasion of Privacy is a direct wrong of a personal nature. It injures the feelings of the
person and does not take into account the effect of revealed information on the
standing of the person in the community. The right to privacy is the right of individuals
to withhold themselves and their lives from public scrutiny. It can also be described as
the right to be left alone.
Liability can result if the nurse breaches confidentiality by passing along confidential
client information to others or intrudes into the client’s private domain. In this context,
there is a delicate balance between the need of a number of people to contribute to the
diagnosis and treatment of a client and the client’s right to confidentiality.
In most situations, necessary discussion about a client’s medical condition is
considered a breach of confidentiality. Necessary discussion involves only those
engaged in the client’s care.
Most jurisdictions of the country have a variety of statutes that impose a duty to report
to certain confidential client information.
Four major categories are (a) vital statistics, such as births and deaths, (b) infections
and communicable diseases, such a diphtheria, syphilis and typhoid fever, © child or
elder abuse, and (d) violent incident, such as gunshot wounds and knife wounds.
There are four types of invasion from which the client must be protected:
1. Use of the client’s name or likeness for profit, without consent. This refers to use of
identifiable photographs or names as advertising for the health care agency or provider
without the client’s permission.
2. Unreasonable intrusion. Observation of client care (such as by nursing students) or
taking of photographs for any purpose, without the client’s consent.
3. Public disclosure of private facts. Private information, normally considered offensive,
is given to others who have no legitimate need for that information.
4. Putting a person in a false light. This kind of invasion involves publishing information
that is normally considered offensive but that is not true.
Charting
A record is written or computer-based. The process of making an entry on a client
record is called recording, charting, or documenting.
A clinical record, also called a chart or client record, is a formal, legal document that
provides evidence of a client’s care. Although health care organization use different
systems and forms for documentation, all client records have similar information.
The ANA code of ethics (1985) states that “The nurse safeguards the client’s right to
privacy by judiciously protecting information of a confidential nature. ” The client’s
record is also protected legally as a private record to health professionals involved in
giving care to the client. Insurance companies, for example, have no legal right to
demand access to medical records, even though they may be determining
compensation to the client. However, a client who is making a claim for compensation
may ask to have the medical history used as evidence.
A client must sign an authorization for review, copying, or release of information is to
be released and to whom. In no instance may a nurse allow access to a client’s record
by significant others or any person other than a caregiver.
For purpose of education and research, most agencies allow students and graduate
health professionals access to client records. The records are used in client
conferences, clinics, rounds, and written papers or client studies. The student or
graduate is bound by a strict ethical code to hold all information in confidence.
It is the responsibility of the student or health professional to protect the client’s
privacy by not using a name or any statements in the notations that would identify the
client.
Incident Report
An incident report is an agency record of an accident or unusual occurrence. Incident
reports are used to make all the facts available to agency personnel, to contribute to
statistical data about accidents or incidents, and to help health personnel prevent
future incidents or accidents.
All accidents are usually reported on incident forms. Some agencies also report other
incidents, such as the occurrence of client’s infection or the loss of personal effects.
The incident report should be completed by the person who identifies that the incident
occurred. This may not be the same person actually involved with the incident. For
example, the nurse who discovers that an incorrect medication has been administered
completes the form even if it was another nurse who administered the medication. In
addition, all witnesses to an incident, such as a client fall, are listed on the incident form
even if they were not directly involved.
Incident reports are often reviewed by an agency risk management committee, which
decides whether to investigate the incident further. Nurses may be required to answer
such questions as what they believe precipitated the accident, how it could have been
prevented, and whether any equipment should be adjusted.
When an accident occurs, the nurse should first assess the client and intervene to
prevent injury. If a client is injured, nurses must take steps to protect the client,
themselves, and their employer.
V. ACTIVITY
True or False. Write true if the statement is correct, write false if the statement if incorrect.
Write your answer on a separate sheet of paper and submit to my email address
[email protected] or submit to MIST school campus.
___________1. A law is a rule of conduct or action which determine what can be done and
what cannot be done.
___________2. Positive law are also known as the law of nature.
___________3. Moral law are the set of rules that establish what is right and what is wrong as
dictated by human conscience and inspired by the eternal law.
___________4. Constitutional law is the law that governs the organization, competence and
functions of government administrative authorities.
___________5. Remedial law are the laws that prescribe the methods of enforcing right or of
obtaining redress for their invasion.
___________6. The Constitution of the Republic of the Philippines is the fundamental and
supreme law of the land.
___________7. Customs are habits and practices which through long and uninterrupted usage
have become acknowledged and approved by society as binding rules of conduct.
___________8. Executive Order No. 50 is the milk Code.
___________9. Executive Order No. 180 is the Family Code.
___________10. A Letter of instruction or LOI is an issued by the president to serve as a guide
to his previous decree or order.
___________11. Presidential Decree No. 603 is the Child and Youth Welfare Code.
___________12. There is physical neglect when the child is malnourished, ill clad and without
proper shelter.
___________13. A child shall be deprived of formal or non-formal education.
___________14. Sexual violence refers to acts that include bodily or physical harm.
___________15. Malpractice applied to midwifery means unskillful and improper discharge of
one’s professional duties.
CRIME
Crime is an act or omission punishable by law.
Criminal Law- is the branch of law which defines crimes, treat of their nature and provides
for their punishment.
Examples:
Infanticide, which is the killing of a child less than three days of age, is a crime punished by
Article 255 of the Revised Penal Code of the Philippines. This crime is, therefore, a felony.
Requisites of Dolo
Freedom- which means that the crime was committed freely by the person and that he
did not act under any compulsion.
Intelligence- the person must know what he is doing or what he is omitting to do. The
person must have a comprehension of the morality of what he is doing and although
knowing it is evil, decides to do it anyway.
Intent - The person must have a criminal intent to do an evil or cause injury to another.
Remember that one acts without freedom necessarily has no intent to do an injury to
another. One who acts without intelligence has no such intent. But a person who acts
with freedom and intelligence may not have the intent to do an injury to another.
(Reyes, Volume 1,p.40)
Culpa means fault. When the offender commits a wrongful act resulting from imprudence,
negligence, lack of foresight or lack of skill, the act is called culpable felony. The main
difference between intentional felony and culpable felony is that in intentional felony, there
is criminal intent while in culpable felony; there is no malice or criminal intent.
The person must have freedom while doing an act or omitting to do an act.
He must have intelligence while doing the act or omitting to do an act.
He is imprudent, negligent or lacks skill or foresight while doing the act or omitting to
do the act. Imprudence indicates deficiency in action, failure to take the necessary
precaution to avoid injury to person or damage to property, usually involves lacks of
skill. Negligence indicates deficiency of perception, failure to pay proper attention and
to use due diligence in foreseeing an injury or damage, it usually involves lack of
foresight.
LEGAL MAXIMS
“Actus non facit reum nisi mens sit rea” meaning the act itself does not make a man guilty
unless his intention were so.
“Actus me invito factus non est meus actus” meaning An act done by me against my will is
not my act.
Example: Ms. Ramos is a college student sent by her parents to the city to study. In the
middle of the semester, she got pregnant by her boyfriend who left her upon knowing
of her condition. Ms. Ramos, then, asked the help of Rhona, her classmate, who referred
her to a midwife, Corina, who performs abortion for a fee. Ms. Ramos then went to
Corina, who agreed to perform abortion on her so long as she is paid for her services.
Midwife Belle, knowing of the agreement between Mrs. Ramos and Corina, provided
the medical instruments used and a room in her lying-in clinic where the abortion was
performed. After several days, Ms. Ramos developed severe infection and was rushed
to the hospital. The doctor found out that Ms. Ramos had an abortion and reported this
to the proper authorities including Corina who did the abortion. But Sally, a friend of
Corina helped the latter escape in order to avoid prosecution and destroyed all the
instruments and records of the abortion in the clinic.
The principle by direct participation is Corina as she is the one who actually performed
the crime of abortion.
The principle by induction is Mrs. Ramos as she directly induced Corina to perform
abortion by offering money to the midwife.
The principle by indispensable cooperation is Belle by providing the necessary
instruments and the room where the abortion was performed. Without her
participation, the crime would not have have been committed.
The accomplice or accessory before the fact is Rhona who referred Ms. Ramos to Corina.
The accessory after the fact is sally who assisted in the escape of Corina and destroyed
the evidence of the crime.
Conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to do it.
Example: The midwife and the daughter of a terminally ill patient to give the patient a fetal
dose of sedative in order to the end the patient’s suffering. Thirty minutes after
administration of the drug, the patient died. The midwife and the patient’s daughter are
conspirators to a crime of murder.
2. Exempting circumstances are those grounds for exemption from punishment because of
the complete absence of intelligence or freedom of action on the part of the accused. A
person who acts without intelligence, freedom of action or intent does not act with malice.
The following are exempting circumstances:
a. An imbecile or an insane,unless the latter has acted during a lucid interval
b. A person nine years of age or less
c. A person over nine years of age and under fifteen unless he has acted with
discernment
d. Any person while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it
e. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury
f. Any person who fails to perform an act required by law, when prevented when
some lawful or insuperable cause.
3. Mitigating circumstances are those which, if present in the commission of a crime, do not
free the offender from criminal liability but serve only to reduce the penalty for the crime
committed. Mitigating circumstances only reduce the liability of the offender but do not
change the nature of the crime. The following are mitigating circumstances:
a. That the offender is under 18 years of age or over 70 years
b. That the offender had no intention to commit so grave a wrong as that committed
c. That sufficient provocation or threat on the part of the offended party
immediately preceded the act
d. That the act was committed in the immediate vindication of a grave offense to the
one committing the felony (delito), his spouse, ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or relatives by affinity within the same
degrees;
e. That of having acted upon an impulse so powerful as natural to have passion
produced passion or obfuscation;
f. That the offender had voluntarily surrendered himself to a person in authority or
his agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence of the prosecution;
g. That the offender is deaf and dumb, blind or otherwise suffering some physical
defects with thus restricts his means of action, defense, or communication with his
fellow beings;and
h. Such illness of the offender without however depriving him of consciousness of
his acts.
4. Aggravating circumstances are those which, if attendant to the commission of the crime,
serve to increase the liability to the offender.
a. That the advantage be taken by the offender of his public position
b. That the crime was committed in contempt or insult to the public authorities
c. That the act be committed with abuse of confidence or obvious ungratefulness
d. That the crime committed in the palace of the Chief Executive, or in his presence,
or where public authorities are engaged in the discharge of their duties or in a place
dedicated to religious worship
e. That the crime be committed in the nighttime or inhabited place, or by a band,
whether such circumstances may facilitate the commission of the offense
f. That the crime be committed in the occasion of conflagration, shipwreck,
earthquake, epidemic, or other calamity or misfortune
g. That the crime be committed with the aid of armed men or persons who insure or
afford immunity
h. That the crime be committed in consideration of a price, reward or promise;
i. That the crime be committed by means of inundation, fire, explosion, stranding of
a vessel or intentional damage thereto, derailment of a locomotive, or by the use of
any other artifice involving great waste and ruin
j. The crime be committed with evident premeditation
k. That craft, fraud or disguise be employed or the crime committed with treachery.
1. Social injury is the disturbance and alarm to the society caused by the crime. Because it
is the society that is affected by this injury, the offended party (or the person to whom the
crime was done) cannot pardon the offender. It is the state which imposes the
corresponding penalty for this class of injury. A person who commits a crime incurs
criminal liability because of the social injury caused by the crime.
2. Personal injury is caused to the victim of the crime who suffered damage either to his
person, to his property, to his honor or to his chastity. The effect of personal injury is civil
liability which is repaired through indemnity. Such indemnity may be waived by the
offended party or in other words, the offended party may pardon the offender.
PENALTY
Penalty is the suffering inflicted by the State for the violation of the law. Penalty has several
purposes. It suppress criminal acts; protects society from the threat and wrong inflected by
the criminal thus it is a measure of self defense; it helps correct and reform the offender;
serves as an example to deter others from committing crimes and finally, imposition of
penalty is an act of retributive justice. It is rightful measure against a criminal who violates
the right of his fellowmen and the moral law.
Murder is committed by any person who kills another person with any of the following
attending circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men,
or employing means to weaken the defense, or of means of persons to insure or
afford impunity.
2. In consideration of price reward of promise.
3. By means of inundation, fire, poison, explosion,shipwreck, stranding of a vessel,
derailment of or assault upon a streetcar or locomotive, fall of an airship,by means
involving great waste and ruin.
4. With evident premeditation.
5. With cruelty, by deliberately and inhumanly augmenting the suffering of the
victim,or outraging or scoffing at his person or corpse.
Homicide is the unlawful killing of another person which is neither parricide, murder
nor infanticide.
Euthanasia or mercy killing means painlessly putting an end to the life of a terminally
ill patient or patient suffering from incurable disease. In euthanasia, the patient does
not want to die while in giving assistance to suicide, the person wants to die.
Infanticide is killing of a child less than three years old. The penalty is the same as that
for parricide or murder.
Abortion is the expulsion of the fetus from the womb before it is capable of sustaining
life (outside the womb), which expulsion results in its death. Some of the kinds of
abortion are as follows:
Mutilation is the deliberate lopping off of some part of the body of another person with the
purpose of depriving the person of that part of his body. If the mutilation was committed
without deliberate intent of depriving the person of that part of his body, it will be
considered as physical injuries. Mutilation of the reproductive organs such as the penis and
ovary is considered castration.
1. Rape By a Man of a Woman- This is the felony committed by a man who has carnal
knowledge of a woman under any of the following circumstances:
Through force, threat, or intimidation
When the offended party is deprived of reason or otherwise unconscious
By means of fraudulent machination or grave abuse of authority
When the offended party is under twelve (12) years of age or is demented, even though
none of the circumstances mentioned above are present
2. Rape By Any Person of Another Person- This is the felony committed by any person who
commits an act of sexual either:
By inserting his penis into another person’s mouth or anal orifice, or
By inserting any instrument or object into the genital or anal orifice of another person,
under any of the following circumstances:
- Through force, threat, or intimidation
-When the offended party is deprived of reason or otherwise unconscious
-By means of fraudulent machination or grave abuse of authority
-When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above are present.
Illegal Detention is the crime committed by a private individual who unlawfully deprives
another person of liberty. This is may be committed by hospital personnel who refuse to
discharge patients and would not allow them to leave the hospital because of nonpayment
of hospital bill.
Abandonment of Persons in Danger is the crime committed by anyone who fails to render
assistance to any person whom he finds in an uninhabited places wounded or in danger of
dying, when he can render assistance without detriment to himself. It is also committed by
anyone who, having found an abandoned child under seven years of age, shall fail to deliver
said child to the authorities or to his family, or shall fail to take him to a safe place.
Abandonment of One’s Victims is committed by anyone who shall fail to help or render
assistance to another whom he has accidentally wounded or injured; and
Light Threats means a threat to commit a wrong not constituting a crime, and that there is
a demand for money or that other condition is imposed, even though that condition is not
unlawful. Thus a midwife who threatens a patient that he will suffer severely from his
disease if he will not take his medications or will not sign the consent for surgery may be
liable for light threats.
Grave threats are committed by any person who shall threaten another with the infliction
upon the person, honor or property of the latter or of his family of any wrong. A midwife
who threatens a hospital director that she will publish to a newspaper evidence of graft and
corruption committed by the hospital direction if the latter does not accept her job
application may be charged of grave threats.
Theft is committed by any person who, with the intent to gain but without violence
against, intimidation of neither persons nor force upon things, shall take the personal
property of another without the latter’s consent. A person who has found lost property
and fails to deliver the same to the local authorities or to its owner is also guilty of theft.
Swindling or Estafa is the crime committed by any person who defrauds another.
Malicious Mischief is the crime committed by any person who deliberately causes to
the property of another any other damage (id est, not failing within the terms of arson
and other crimes involving destructions).
Destructive Arson is the crime by any person who burns a building, train, ship ,
airplane, etc.
VI. Evaluation
A. Matching Type: Match Column A to Column B. Write the letter of your answer on a
separate sheet of paper indicate your NAME, SECTION, SUBJECT AND DATE. Send your
answers to my Email address [email protected] or submit your output at MIST school
campus.
Column A Column B
_______1. Declared that professionals who passed the A. Republic Act No. 6675
board and bar exams are civil service eligible and need B. Republic Act No.2644
not take the Civil Services Examination to be able to C. Republic Act No.1082
work in the government. D. Republic Act No. 1080
______2. The Rural Health Act. E. Republic Act No. 6713
______3. The old Midwifery Law. F. Republic Act No. 7277
______4. The Dangerous Drugs Act of 1972 G. Republic Act No. 6425
______5. The Generics Act of 1988 H. Republic Act No. 7600
______6. The Code of Conduct and Ethical Standards for I. Republic Act No. 9482
Public Officials and Employees. J. Republic Act No. 9481
______7. The Magna Carta for Disabled Persons K. Republic Act No. 7610
______8. Rooming-In and Breastfeeding Act of 1992
______9. The “Special Protection Of Children Against
Child Abuse, Exploitation And Discrimination Act”.
______10. The Anti-Rabies Act of 2007
B. Multiple Choice. Read carefully and choose the letter of your answer, write your answer
on a separate sheet of paper. Kindly indicate your NAME, SECTION, SUBJECT and DATE.
SUBMIT your answers to my email address [email protected] or submit to MIST
campus.
________1. According to Republic Act No. 6425, the Dangerous Drugs Act, the following are
considered prohibited drugs:
A. Demerol, morphine C. Paracetamol, ibuprofen
B. Cocaine, marijuana D. Seconal, nubain
________2. A person who owes allegiance to the State is called:
A. Subject C. Subordinate
B. Citizen D. Alien
________3. To acquire Filipino citizenship, a foreigner may apply for;
A. Naturalization C. Repatriation
B. Immigration D. Residency
________4. The oldest institution which is also the basic unit of Filipino society is the:
A. Family C. Nation
B. Barangay D. Church
________5. An act modernizing the professional regulation commission:
A. RA 2644 C. RA 8981
B. RA 811 D. RA 7392
________6. According to law, the following should be observed with regards to newborn
screening (check that apply):
( ) a. The health practitioner who assists in the delivery of a newborn should inform
the parents prior to delivery of a newborn screening.
( ) b. Newborn Screening should be performed within 24 hours after the birth of the
baby
( ) c. The parents can refuse to have their child undergo newborn screening if it is
against their religious belief
( ) d. Newborn Screening is mandatory to all newborns in the Philippines and no one
is exempted.
________7. Under the law, a child below 15 years of age may be allowed to work for:
A. Not more than 20 hours a week
B. Not more than 6 hours a day
C. Only if the employer will shoulder the expenses for his schooling.
D. After the DOH has issued a permit allowing the child to work.
________8. The normal working hours for any public health workers is equivalent to:
A. 8 hours a day, 40 hours a week
B. 12 hours a day, 5 days a week
C. 10 hours a day, 4 days a week
D. 16 hours a day, 3 days a week
________9. Presidential Decree No. 223 is the law that created the:
A. Civil service Commission
B. Population Commission
C. Professional Regulatory Commission
D. Board of Midwifery
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