We implore your blessing and

Guidance this New day

You give us this new day
as a fresh start
a golden chance

to renew our life

to straighten our ways
to redeem our past

You give us this New day

Like a New Dawn,
A Stepping stone,
An Opportunity
To correct our mistakes,
To rise from our failures,
To become better persons

O Lord, we humbly ask you now to bless us

this day
May we put into action our resolution,
May we translate into fine deeds or words
and promises,
May we realize our plans,
May we work to make our dreams come true,
May we finish what we have started.

O Lord, we kindly ask you now to

guide us this day
Make us find joy inspite of
disappointments,
Peace amid a busy schedule
Hope in the face of failures,
happy solutions to problems
and troubles.

O Lord, We humbly ask you now to be with

us
May the New day find us discovering
a new meaning in our goal,
a noble vision in our goal,
a stable direction in our life,
O Lord, infuse our life with our love
Teach us to love the way you love us.
Teach us to care the way you care for us
Teach us to relieve other peoples suffering
and help those who need our help.
Let s live by your word

May we begin this

day with you in our
hearts,
O God, may we use
each day of the
new year to serve
our bothers and
sisters,
And share our very
life.

MORAL AND SPIRITUAL

RESPONSIBILITIES OF
NURSES

Moral and Spiritual

Responsibilities
God is the author of life; therefore,
no one has the right to take it
except HIM.
Health is Wealth.

MORAL AND SPIRITUAL

RESPONSIBILITIES OF A NURSE
THE GOLDEN RULE
Do unto others what you would like
others do unto you.

THE TWO-FOLD EFFECT

WHEN THE NURSE IS FACED WITH
A SITUATION WHICH MAY HAVE
BOTH GOOD AND BAD EFFECTS,
HOW SHOULD SHE CHOOSE
WHICH ONE TO FOLLOW?

THE ACTION MUST BE MORALLLY GOOD.

THE GOOD EFFECT MUST BE WILLED AND
THE BAD EFFECT MERELY ALLOWED
THE GOOD EFFECT MUST NOT COME
FROM AN EVIL ACTION
THE GOOD EFFECT MUST BE GREATER
THAN THE BAD EFFECT
Ex: hysterectomy case

EPIKIA
Exception to the general rule
Example: allowing a relative to see a
seriously ill patient in the ICU even
if it is not yet visiting time.

The principle of totality the whole

is greater than any of its parts.
The greatest good for the greatest
number

No one is obliged to
betray himself
In court, no one can force a person
to answer a question that will
incriminate her.

A little more or less does

not change the substance
ofIfan
act.gets medicine from
a nurse

hospital stock without permission

or without prescription, he/she will
be guilty of theft even if he/she got
only one tablet.

No one is held to the

impossible
To promise that a patient with
heart transplant will live may be an
impossibility. Yet, such procedures
may be done in the hope of saving
or prolonging a patients life.

Life in Gods service

Nurses can use their different
spiritual gifts according to the
GRACE that God has given them.
These may be:

Speaking Gods message

Service
Teaching
Encouragement

THE PHILIPPINE
NURSING LAW
R.A. 9173

Law Defined
Law is a rule of civil conduct
prescribed by the supreme power in
a state, commanding what is right
and prohibiting what is wrong. It is a
rule prescribed by sovereign power.
The laws of a state are more usually
understood to mean the rules and
enactments promulgated by the
legislative authority of the state.

Laws: 4 basic functions in a

society
To define relationships among the
members of a society and to state which
activities are permissible and which are
not permissible
To describe what force may be applied to
maintain rules and by whom it is to be
applied
To provide the solution to problems
To redefine relationships between
persons and groups when conditions of
life change.

Functions of the Law in

Provides a framework for establishing
Nursing

what nursing actions in the care of

patients are legal.
Delineates the nurses responsibilities
from those of other health practitioners
Helps to establish the boundaries of
independent nursing action
Assists in maintaining a standard of
nursing practice by making nurses
accountable under the law.

Philippine Nursing Law

The Philippine Nursing Act of 2002
or Republic Act (R.A.) No. 9173

Approved October 21, 2002 (has

undergone 3 separate readings in
both Upper and Lower Houses and
signed by the President)
Took effect on November 20, 2002
Made up of 9 articles and 41 sections

The law provides..

Nursing registration
Nursing examination
Nursing education
Nursing Practice
Health Human Resource
production, utilization and
development

ARTICLE I
TITLE
THE ACT SHALL BE
KNOWN AS THE
PHILIPPINE NURSING
ACT OF 2002

Two previous Laws:

R.A. 7164 : An Act regulating the
practice of Nursing in the
Philippines or the Philippine
Nursing Act of 1991.
R.A. 877 : An Act to regulate
the Practice of Nursing in the
Philippines, and for other Purposes
or the Philippine Nursing Law.

Evolution:
February 1915 : Act No. 2493 :
Provided for the examination and
registration of nurses in the
Philippine Islands
March 1919: Act No. 2808: Creation
of a three-member Board of
Examiners for Nurses

March 1922: Act No. 3025 : Amendment of part

of Act 2808 and provided for the Registration
of Red Cross aids and welfare workers.
November 1928: Act No. 3438 : Change in the
dates of Nursing Exam
December 1932: Act No. 4007 : Conduct of
Board Exam under the direct Supervision of the
Bureau of Civil Service.
June 1950: R.A. 465 : Standardization of the
exam and registration fees charged by the
examining Boards.
R.A. 546 : Reorganization and placement of the
Boards of Examiners under the direct
supervision of the President of the Philippines

ARTICLE II
DECLARATION OF
POLICY

1. Protect and improve the Nursing profession;

2. Institute measures toward attaining the
following:
a.Nursing education responsive to the needs
of the country and the global community;
b.Working conditions that address the
protection of the nurses welfare;
c.Better career prospects within and outside
the country;
d.A respectable lifestyle of the Filipino Nurse;
e.Deliver quality basic health services; and
f. Provide adequate nursing personnel system
throughout the country.

ARTICLE III
ORGANIZATION OF THE
BOARD OF NURSING
SECTION 3

BON : 1 Chairman with 6 Members

The increase in number was brought about by the
increasing number of nurses, the number of
hospitals employing the nurses and the number of
nursing schools.
Points to consider in appointing the BON:
1. Appointing authority is the President of the country;
2. Choice is made from two (2) recommendees for
every vacancy;
3. Recommendation is made by the P.R.C.
4. Recomm is made from a list of 3 nominees from the
list of submitted nominees;
5. Nomination is made by the Accredited Professional
Organization.

Comparison in the Changes of the BON

Changes
Name of the
Board

Composition
Nominating
Body

Recommending
Body

R.A. 9173
Professional
Regulatory
Board of
Nursing

R.A. 7164
Board of
Nursing

5-Person
7-person Board Board
Accredited
Accredited
National
Professional
Org. of Nurses Nurses
Association to
in the
the
Philippines
PRC
PRC

Not stated

R.A.

877

Board of
Examiners for
Nurses
3-Person Board
Officially
recognized
National
Association of
Nurses in the
Phils.
Civil Service
Comm.

Hon. Amelia B. Rosales

Hon. Betty F. Merritt

Hon. Carmencita M. Abaquin

Hon. Leonila A. Faire

Hon. Marco Antonio C. Sto. Tomas

Hon. Perla G. Po

Hon. Yolanda C. Arugay

SECTION 4
QUALIFICATION OF THE
CHAIRPERSON AND
MEMBERS OF THE BOARD

Salient Points:
1. Natural-born citizen
2. Broadening the opportunity for professional
nurses to qualify for membership in the Board
of Nursing Masters Degree in nursing,
education or other allied medical profession.
3. Flexibility in the number of years of
professional experience prior to appointment.
4. Representation of the 3 areas of nursing by
the members of the Board of Nursing:
education, service and community health
nursing.

SECTION 5
REQUIREMENTS UPON
QUALIFICATION AS
MEMBER OF THE BOARD
OF NURSING

The BON must resign from any

position or employment.
a. Any teaching position : Institutions
offering BSN Programs Review Program
for the NLE.
b. Any office or employment in the
government or private sector.

SECTION 6
TERM OF OFFICE

Salient Points:
1. A Term is 3 years.
2. Reappointment for another term is
allowed.
3. A vacancy filled for the unexpired portion
the term only.
4. An oath of Office must be taken by each
member of the Board before s/he can
perform his/her duties; and
5. The incumbent shall continue to serve,
until their replacements have been
appointed.

SECTION 7
COMPENSATION OF
BOARD MEMBERS

R.A. # 8981 PRC Modernization Act of

2000
Members of the Professional Regulatory
Boards shall receive compensation equivalent
to, at least, two salary grades lower than the
salary grade of the Commissioners: Provided
that the Chairperson of the Regulatory shall
receive a monthly compensation of two steps
that the members of the Board, and provided
further, that they shall be entitled to other
allowances and benefits provided under
existing laws.

SECTION 8
ADMINISTRATIVE
SUPERVISION OF THE
BOARD, CUSTODIAN OF
ITS RECORDS,
SECRETARIAT, AND
SUPPORT SERVICES

1. Application for examination

2. Examination of papers
3. Results of examination
4. Minutes of deliberation on various concerns
5. Records of Administrative cases and
6. Investigation conducted relevant to these
cases
R.A. 8981 : It is part of the powers, functions, and
responsibilities of the Commission (PRC) to have custody of
the records of the various Boards, including the exam of
papers, minutes to the deliberation, records of admin cases
and investigations and examination results for control and
disposition.

SECTION 9
POWERS AND DUTIES OF
THE BOARD

A. Conduct the licensure exam for nurses.

a. Prepares, adopts and issue the syllabi or tables
of specs of the subjects for exam in consultation
with the academe;
b. Determines and prepares the questions for the
licensure exams which shall strictly be within the
scope of the syllabus or table of specifications of
the subject for examination; and
c. Score and rate the examination papers with
the name and signature of the Board Member
concerned appearing thereon & submit the results
in all subjects duly signed by the members of the
Board to the Commission within ten (10) days
from the last day of the exam unless extended by
the Commission for justifiable cause/s.

Section 9

B. Issue, suspend, or revoke certificates of registration

for the practice of nursing
a.New Professionals: Pre-requisites for registration
b.Revoke/suspend a license as stated in Section 23.
C. Monitor and enforce quality standards of nursing
practice in the Philippines and exercise powers
necessary to ensure the maintenance of efficient,
ethical and technical, moral and professional
standards in the practice of nursing taking into
account the health needs of the nation;
D. Monitor the conditions affecting the practice of the
profession or occupation.
E. Adopt such measures as may be deemed proper for
the following reasons:
1. Enhancement of the profession or
occupation;

2. Maintenance of high professional, ethical and

Section 9
technical standards; and
3. Conduct ocular inspections in:
a.Hospitals
c. Laboratories
e. Other similar
b.Clinics
d. Testing facilities
Facilities
D. Ensuring quality nursing education by examining the
prescribed facilities of universities or colleges of nursing or
departments of nursing education and those seeking
permission to open nursing courses to ensure that standards
of nursing education are properly complied with and
maintained at all times. The authority to open and close
colleges of nursing and/or nursing education programs shall
be vested on the Commission on Higher Education upon the
written recommendation of the Board.

Section
9

E. Conduct hearings and investigations to

resolve complaints against nurse
practitioners for unethical and
unprofessional conduct and violations of
this Act, or its rules and regulations and in
connection therewith, issue subpoena ad
testificandum and subpoena duces tecum
to ensure the appearance of respondents
and witnesses and the production of
documents and punish with contempt
persons obstructing, impeding, and/or
otherwise interfering with the conduct of
such proceedings, upon application with the
court.

Terms to be familiar with:

1.Unprofessional conduct a behavior or
course of action unbecoming of a
professional practitioner.
2.Subpoena a writ, a process or
mandate, issued to a person requiring
him to be present at a court to give
testimony in a certain case.
3.Contempt of Court refers to
disobedience of a lawful order of a
court in a matter over which it has
jurisdiction.

4. Subpoena ad testificandum a more complete

name for the term subpoena.
5. Subpoena duces tecum meaning you shall bring
with you. A process directed to a person
requiring him to appear before a court and bring
with him books, documents, or other things under
his control needed by the court for evidence.
e.g. Chart, Kardes, medicine cards, syringes, vials
or other paraphernalia
6. Witness a person called in a judicial or similar
proceedings to give a testimony under oath. He
may appear voluntarily or be required to appear by
subpoena.
7. Perjury it is a crime deliberately swearing falsely,
or asserting under oath something as true which
the swearer does not know to be true.

Section
9

F. Promulgate a Code of Ethics in coordination

with the accredited professional organization of
nurses within one (1) year from the effectivity
of this Act;
G. Recognize nursing specialty organizations in
coordination with the accredited professional
organization; and
H. Prescribed, adopt, issue and promulgate
guidelines, regulations, measures, and
decisions as may be necessary for the
improvement of the nursing practice,
advancement of the profession and for the
proper and full enforcement of this Act subject
to the review and approval by the Commission.

SECTION 10
ANNUAL REPORT

Salient Points:
As a matter of procedure, the BON is tasked to
submit its Annual Report to the Commission. The
Commission collates such report together with the
reports of various professional regulatory boards,
and transmits the same to the Office of the
President, containing the following:
a. Proceedings of meetings;
b. Accomplishments during the year and
c. Recommendations
R.A. 8981: To prepare an annual report of accomplishments on
programs, projects, and activities of the Board during the
year for submission to the Commission after the close each
calendar year and make appropriate recommendations on
issues or problems affecting the profession to the
Commission.

SECTION 11
REMOVAL OR
SUSPENSION OF BOARD
MEMBERS

The President may remove or suspend any

member of the Board after having been
given the opportunity to defend
himself/herself in a proper administrative
investigation, on the following grounds:
1. Continued neglect of duty or
incompetence
Each member of the BON is expected to
discharge well his/her responsibility in
supervising and regulating the practice of
the nursing profession in the Philippines.

2. Commission or tolerance of
irregularities in the licensure
examination.
a. Determination and preparation
of questions for the licensure
examinations;
b. Scoring and rating the
examination papers.

Tolerance of irregularities is
committed when, aware of
irregularities, a member of the
Board of Nursing allows or permits
the act to continue, does not
interfere to put an end to the
actions, or fails to give due course
to a complaint filed.

Section
11

3. Unprofessional, immoral or dishonorable

conduct.
A. Unprofessional conduct: a conduct which
violates the ethical rule governing a
profession. Such conduct may warrant
disciplinary action.
B. Immoral conduct: a behavior contrary to
the accepted standards or moral conduct,
whether illegal or not, obscene or indecent; it
is used most frequently of illicit sex relations.
C. Dishonorable conduct is an action that
stains the character, and brings shame and
disgrace to a person.

ARTICLE IV
EXAMINATION AND
REGISTRATION

Section 12: Licensure Examination

Salient Points from R.A. 8981
1. Coordinate with the public and private
organizations or establishments for the use of its
buildings and facilities for examination purposes;
2. Conduct more than 1 licensure exam in a year
a. If there are 2 or more in a year, at least
one shall be held on weekdays.
b. If there is only one in a year, it shall be
scheduled on weekdays.
3. Approve results of the exam and the release of
the same.
4. Adopt measures to preserve the integrity and
inviolability of the licensure exam.

5. Publish a list of successful examinees;

6. Provide schools, colleges, and universities
public and private offering courses for
licensure examinations, with copies of
sample test questions and examinations
recently conducted by the Commission and
copies of syllabi or terms of specifications of
subjects for licensure examinations; and
7. Impose the penalty of suspension or
prohibition form taking licensure
examinations to any examinee charged and
found guilty of violating the rules and
regulations governing the conduct of
licensure examinations promulgated by the
Commission.

SECTION 13
QUALIFICATIONS FOR
ADMISSION TO LICENSURE
EXAMINATION

Salient points:
1. Citizenship :
A. Original and photocopy of the Certificates of
Live Birth printed in National Statistics Office
security paper and signed by Ms. Carmelita
N. Ericta with the attached original receipt;
B. Original and Photocopy of the computer
generated NSO Certificates of Live Birth
stating at the dorsal portion thereof, A
Certified True Copy: Office of the Civil
Registrar General duly signed by an
authorized NSO statistician in security paper
with attached original receipt.

2. Documents to be submitted:
a.TOR: with printed S.O., Date of
Graduation, and the seal of the
school for graduates of schools,
colleges and universities
recognized by the government;
scanned copy of the picture of the
examinee.
b.Marriage contract for married
female applicants;

d. 4 pcs passport-sized colored picture

with complete name on the tag with
white background.
e. Community Tax Receipt (current)
f. Other documents: Record of Actual
RLE for the entire BSN Program
Actual number of Cases with the
signatures of the Clinical Instructors,
The Dean and the Chief Nurse. Second
Coursers: Interview is required.

Section 14: Scope of the Exam

The test is designed to test competencies in relation to:
Nursing Care of the individuals, families and
communities in various stages of development in 4
major nursing goals: promotive, preventive, curative
and rehabilitative in any health care setting;
Nursing process and communication skills;
Identify common nursing problems related to main
causes of morbidity and mortality in the Philippines;
Leadership and beginning skills in management; and
Beginning skills in nursing research.

Integrated comprehensive nursing

licensure examination
Five broad areas of nursing:
Fundamentals of Nursing, MCN,
CHN, Nursing of Adolescents,
Adults and the Aged and Mental
Health and Psychiatric Nursing.
Incorporated: Ana/Physio, Pharma,
Microbio, Diet, Research

Section 15: Ratings

1. Average rating an examinee must
obtain to pass the licensure exam is 75%
2. That the examinee must have no grade
lower than 60% in any subject;
3. An examinee who obtains a rating of
75% or higher but has a rating below 60%
in any subject shall be required to take the
examination again but only in subjects
where s/he rated below 60% and
4. That the retake examination has a
specific time frame: it shall be taken within
two years after the last failed exam.

Section 16: Oath

Oath taking is done fifteen (15) days after the release of the
examination result.
1. PNA Chapter files the request two weeks prior to the date
of the oath taking ceremony;
2. Conduct of the oath taking shall be under the full
responsibility of the BON.
3.BON fully establishes the identities of the professional;
4. Oath is contained on the Official Oath form prescribed.
5.Oath Form is duly signed by the Chairperson, member of
the BON or the authorized official of the Commission;
6.Oath Forms are submitted to the Commission within 5 days
from the date of the oathtaking;
7. The Board and the accredited professional organization
shall promote the solemnity of the occasion;
8. New Professionals shall attend the rites in Uniform
prescribed.

Section 17: Issuance of Certificate

of Registration/Professional
License and Professional
Identification
Board Certificate:Card.
full name and scanned
copy of the picture; serial number; signature
of the Chairperson of the Commission and
the members of the Board; Official Seal.
Professional Identification Card: Full name of
the Professional; License number; Date of
Registration; Date of Issuance and
expiration and signature of the Chairperson.

Section 17: Issuance of Certificate

of Registration/Professional
License and Professional
Identification
Board Certificate:Card.
full name and scanned
copy of the picture; serial number; signature
of the Chairperson of the Commission and
the members of the Board; Official Seal.
Professional Identification Card: Full name of
the Professional; License number; Date of
Registration; Date of Issuance and
expiration and signature of the Chairperson.

Difference: Registration
vs. Licensure
License: legal document given by
the government that permits a
person to offer to the public his or
her skills and knowledge in a
particular jurisdiction, where such
practice would otherwise be
unlawful without a license

Purpose: Licensure
Protect the health of the people by
establishing minimum standards
which qualified practitioners must
meet.
Discourages misrepresentations
Tool for legal control and
enforcement of nursing practice
Gather statistical data

Registration: Is the recording of

names of persons who have
qualified under the law to practice
their respective professions. Nurses
names are recorded in a registry or
registration book. A certificate of
registration is issued by the PRC to
show such qualification.

Section 20: Registration by

Reciprocity

Reciprocity mutuality in the grant and

enjoyment of privileges between
persons or nations. Applied to
professions, it is a relationship
established by law, treaty or
agreement between two countries or
states, whereby each country or state
grants to citizens of each other, the
privilege of being admitted to the
practice of the profession within their
respective territorial jurisdiction.

SECTION 21; Practice through

Special / Temporary Permit
A. Outstanding experts
B. Medical missions, etc.
C. Exchange professors

SECTION 22
NON-REGISTRATION AND
NON-ISSUANCE OF
CERTIFICATES OF
REGISTRATION
/PROFESSIONAL LICENSE
OR SPECIAL /TEMPORARY
PERMIT

Related terms:
Conviction
Final Judgment: judgment ending
a legal proceeding by determining
the controversy in favor of one or
the other litigant; It is not subject
to appeal , either because of
statutory determination or the
time for appeal has expired.

Criminal Offense : wicked conduct in

violation of law and established rules of
morality that has a corresponding
penalty.
Moral turpitude: an act done contrary
to justice, honesty, modesty or good
morals ; i.e. Adultery, bigamy,
blackmail, bribery, conspiracies, estafa,
extortion, fabrication of evidence,
forgery, murder and perjury and
seduction under promise of marriage.

Immoral conduct: behaviors

contrary to the accepted standards
of moral conduct, whether illegal or
not; obscene and indecent.
(Dishonorable)
Unsound mind: mental incapacity;
idiocy; imbecility; lunacy or insanity;
a mind incapable of reasoning.

SECTION 23
REVOCATION AND
SUSPENSION OF
CERTIFICATE OF
REGISTRATION/PROFESSIO
NAL LICENSE AND
CANCELLATION OF
SPECIAL/TEMPORARY
PERMIT

A. Causes mentioned in the preceding section;

B. Unprofessional and unethical conduct;
C. Gross incompetence or serious ignorance;
D. Malpractice or negligence in the practice of
nursing;
E. Fraud, deceit or false statements in
obtaining a certificate of
registration/License/ special permit.
F. Violation of the Act. Code of Ethics and
technical standards. Policies of the Board
and the Commission & limitations to the
issuance of permits or
G. Practicing the profession during his/her
suspension from such practice.

ARTICLE V.
NURSING EDUCATION

Nursing Education Program shall

provide sound general and
professional foundation for the
practice of nursing.
The learning experience shall
adhere strictly to specific
requirements embodied in the
prescribed curriculum as
promulgated by the Commission
on Higher Educations policies and
standards of nursing education.

ARTICLE VI
NURSING PRACTICE

Section 28. Scope of Nursing. - A

person shall be deemed to be
practicing nursing within the
meaning of this Act when he/she
singly or in collaboration with
another, initiates and performs
nursing services to individuals,
families and communities in any
health care setting.

It includes, but not limited to, nursing care

during conception, labor, delivery, infancy,
childhood, toddler, preschool, school age,
adolescence, adulthood, and old age.
As independent practitioners, nurses are
primarily responsible for the promotion of
health and prevention of illness. A
members of the health team, nurses shall
collaborate with other health care
providers for the curative, preventive, and
rehabilitative aspects of care, restoration
of health, alleviation of suffering, and
when recovery is not possible, towards a
peaceful death.

Section 29. Qualification of Nursing Service

Administrators. - A person occupying
supervisory or managerial positions requiring
knowledge of nursing must:
(a) Be a registered nurse in the Philippines;
(b) Have at least two (2) years experience in
general nursing service administration;
(c) Possess a degree of Bachelors of Science in
Nursing, with at least nine (9) units in
management and administration courses at the
graduate level; and
(d) Be a member of good standing of the
accredited professional organization of nurses;

Provided, That a person occupying the position

of chief nurse or director of nursing service
shall, in addition to the foregoing qualifications
possess:
(1) At least five (5) years of experience in a
supervisory or managerial position in nursing;
and(2) A master's degree major in nursing;
Provided, further, That for primary hospitals,
the maximum academic qualifications and
experiences for a chief nurse shall be as
specified in subsections (a), (b), and (c) of this
section: Provided, furthermore, That for chief
nurses in the public health nursing shall be
given priority

. Provided, even further, That for chief

nurses in military hospitals, priority shall
be given to those who have finished a
master's degree in nursing and the
completion of the General Staff Course
(GSC): Provided, finally, That those
occupying such positions before the
effectivity of this Act shall be given a
period of five (5) years within which to
qualify.

ARTICLE VII
HEALTH HUMAN
RESOURCES PRODUCTION,
UTILIZATION AND
DEVELOPMENT

Section 30. Studies for Nursing

Manpower Needs, Production, Utilization
and Development. - The Board, in
coordination with the accredited
professional organization and appropriate
government or private agencies shall
initiate undertake and conduct studies on
health human resources production,
utilization and development.

Section 31. Comprehensive Nursing Specialty

Program. - Within ninety (90) days from the effectivity
of this Act, the Board in coordination with the
accredited professional organization recognized
specialty organizations and the Department of Health
is hereby mandated to formulate and develop a
comprehensive nursing specialty program that would
upgrade the level of skill and competence of specialty
nurse clinicians in the country, such as but not limited
to the areas of critical care, oncology, renal and such
other areas as may be determined by the Board.
The beneficiaries of this program are obliged to serve
in any Philippine hospital for a period of at least two
(2) years and continuous service.

Section 32. Salary. - In order to enhance

the general welfare, commitment to
service and professionalism of nurses the
minimum base pay of nurses working in
the public health institutions shall not be
lower than salary grade 15 prescribes
under Republic Act No. 6758, otherwise
known as the "Compensation and
Classification Act of 1989": Provided, That
for nurses working in local government
units, adjustments to their salaries shall
be in accordance with Section 10 of the
said law.

Section 33. Funding for the Comprehensive

Nursing Specialty Program. - The annual
financial requirement needed to train at least
ten percent (10%) of the nursing staff of the
participating government hospital shall be
chargeable against the income of the Philippine
Charity Sweepstakes Office and the Philippine
Amusement and Gaming Corporation, which
shall equally share in the costs and shall be
released to the Department of Health subject
to accounting and auditing procedures:
Provided, That the department of Health shall
set the criteria for the availment of this
program

Section 34. Incentives and Benefits. The Board of Nursing, in coordination

with the Department of Health and
other concerned government agencies,
association of hospitals and the
accredited professional organization
shall establish an incentive and benefit
system in the form of free hospital care
for nurses and their dependents,
scholarship grants and other non-cash
benefits. The government and private
hospitals are hereby mandated to
maintain the standard nurse-patient
ratio set by the Department of Health.

Nursing Specialty program

Salary
Funding for the nursing specialty
program
Incentives and Benefits

ARTICLE VIII
PENAL AND
MISCELLANEOUS
PROVISIONS

Fine: not less than Php 50,000 nor more than Php
100,000.00
Imprisonment: less than 1 year nor more than six
years
Any person practicing nursing:
Practicing without a Certificate of Registration/
License
Using another persons permit/license
Invalid/ suspended/ revoked Certificate of Reg/
License
Giving false evidence
Falsely poses/ advertising as a registered nurse
Who appends BSN/ RN to his/her name
As a registered and licensed nurse, assists the illegal
practice of a person not lawfully qualified to practice.

B. Any person who undertakes in-service

educational programs or who conducts
review classes for both local and foreign
exams without permit /clearance from the
Board and the Commission;
C. Any employer who violates the minimum
base of nurses and the incentives and
benefits that should be accorded to them.
D. Any person violating the provisions of
this Act.

ARTICLE IX. FINAL PROVISIONS

Section 36: Enforcement of this Act

Section 37: Appropriations
Section 38: Rules and Regulations
Section 39: Rules and Regulations
Section 39: Separability Clause
Section 40: Repealing Clause
Section 41: Effectivity

Section 36. Enforcement of this Act. It shall be the primary duty of the
Commission and the Board to
effectively implement this Act. Any duly
law enforcement agencies and officers
of national, provincial, city or municipal
governments shall, upon the call or
request of the Commission or the
Board, render assistance in enforcing
the provisions of this Act and to
prosecute any persons violating the
same.

Section 37. Appropriations. - The

Chairperson of the Professional
Regulation Commission shall
immediately include in its program
and issue such rules and regulations
to implement the provisions of this
Act, the funding of which shall be
included in the Annual General
Appropriations Act.

Section 38. Rules and Regulations. Within ninety (90) days after the effectivity
of this Act, the Board and the Commission,
in coordination with the accredited
professional organization, the Department
of Health, the Department of Budget and
Management and other concerned
government agencies, shall formulate such
rules and regulations necessary to carry
out the provisions of this Act. The
implementing rules and regulations shall
be published in the Official Gazette or in
any newspaper of general circulation.

Section 39. Reparability Clause. If any part of this Act is declared

unconstitutional, the remaining
parts not affected thereby shall
continue to be valid and
operational.

Section 40. Repealing Clause. Republic Act No. 7164, otherwise

known as the "Philippine Nursing Act of
1991" is hereby repealed. All other
laws, decrees, orders, circulars,
issuances, rules and regulations and
parts thereof which are inconsistent
with this Act are hereby repealed,
amended or modified accordingly.

Section 41. Effectivity. - This act

shall take effect fifteen (15) days
upon its publication in the Official
Gazette or in any two (2)
newspapers of general circulation
in the Philippines.

Laws Governing the Practice of

Nursing

Definition and Meaning of Law

Law:
a. the sum total of rules and regulations by
which society is
governed;
b. rule of conduct pronounced by controlling
authority and which may be enforced.
It is man-made and regulates social conduct in a
formal and binding way.
it reflects societys needs, attitudes and mores.
Characteristics: a) authority or the right to
declare that rule exists.
b.) the rule is pronounced and
expressed; its source can be identified.
c.) the right to enforce the same
must be provided.

Laws affecting Professional Practice

R.A. 2382 : Philippine Medical Act

A person shall be considered as engaged in the
practice of medicine who shall for a compensation, fee,
salary or reward in any form paid to him directly or
through another or even without the same may
physically examine a person, and diagnose, treat,

operate or prescribe any remedy for any

human disease, injury, deformity,
physical, mental, physical condition or ailment,
real or imaginary, regardless of the nature of the
remedy or treatment administered, prescribed or
recommended.

R.A. 7392 amending R.A. 2644 : Midwifery Law

passed on June 1960.
It provided that only those who were licensed midwives
could practice. Nurses according to this Act, should pass
the Board Exam for Midwives and be registered as such
upon payment of the prescribed fees and submit to the
Midwifery Board a certification that they have done 20
deliveries.
The above requirements were overruled by the R.A.
9173: where the act of being born is part of the
development process, then attending to deliveries, is still
part of or within the purview of nursing; as part of MCN,
nurses also attend to normal deliveries as they are
required to handle/assist in delivery cases as prerequisite
to completion requirements.

R.A. 6675 Generics Act of 1988

An act to promote, require and ensure the
production of an adequate supply, distribution, use and
acceptance of drugs and medicines identified by their
generic names. Medicines are prescribed in generics.

R.A. 6425 Dangerous Drugs Act

Provides that he sale, administration, delivery,
distribution, and transportation of prohibited drugs are
punishable by law.

L.O.I No. 1000 : requires that members of accredited

professional organizations shall be given priority in the
hiring of employees in the government service and in
the engagement of professional services.

R.A. 1612 stated that privilege tax (PTR) shall

be paid before
any business or occupation can be lawfully begun or
pursued.
R.A. 5181 this act prescribes permanent residence and
reciprocity as qualifications for any examination or
registration for the practice of any profession in the
Philippines.
P.D. 541 allows former Filipino professionals to practice their
respective profession in the Philippines. Balikbayans,
therefore, although not residents of the Philippines
anymore, may practice their profession during the
period of their stay in the country.

P.D. 442 Labor Code of the Philippines

provides workers the right to self organization and
collective bargaining. It promotes the rights and welfare of
workers.
ILO Convention NO. 149: provides for the improvement of life and
work conditions of nursing personnel.
R.A. 1054 requires the owner, lessee, or operator of any
commercial, industrial or agricultural establishment to furnish
free emergency, medical and dental attendance to his
employees and laborers.
R.A. 4226 Hospital Licensure Act: requires that all hospitals in
the Philippines to be licensed before it can offer to serve the
community by the Office for Hospital and Medical Services,
Department of Health.

P.D. 1519 gives Medicare benefits to all Government

Employees regardless of status of appointment.
P.D. 1636: requires compulsory membership in the SSS or
GSIS retirement fund.
P.D. 626 or the Employee Compensation and State Insurance
Fund . Provides benefits to workers covered by the SSS or
GSIS for immediate injury, illness or disabilities.
R.A. 7432 Senior Citizens Act
- does honor and justice to our peoples long tradition
of giving high regard to our elderly: entitles them to 20%
discount to establishments and free medical and dental
check up; hospitalization in all government hospitals.

P. D. 539 Designated the last week of October

of every Year as Nurses Week.
P.D. 223 Created the P.R. C. and prescribed its
powers and functions.
R.A. 6511 standardized the examination and
registration fees charged by the various Board
of Examiners.
DOLE Order No. 7 : requires all industrial
establishments to provide for family planning
services.
P.D. No. 69 limits the number of children to
four (4) for tax exemption purposes.

 LAWS AFFECTING COMMUNITY HEALTH

R. A. 7305 Magna Carta for Public Health Workers

aims to instill consciousness among the people to effectively

carry out the health programs and projects of the government essential for
the growth and health of the nation.
P.D. 603 Child and Youth Welfare Code
protects and promotes the rights and welfare of
children and youth.
P.D. 651 Decrees the registration of birth of a child within 30
days with the Civil Registrar.
R.A. 6713 Code of Conduct and Ethical Standards for Public
Officials and Employees
> Upholds a time-honored principle that public
office is a public trust.

> R.A. 7600 Rooming-In and Breastfeeding Act of 1992

provides that babies born in private and government
hospitals should be roomed-in with their mothers to
promote breastfeeding and ensure safe and adequate
nutrition to children.
E.O. 51 the Milk Code
prohibits use of bottle feeding to newborn
babies.

R.A. 7160 Local Government Code

Devolution of services and facilities to the Local
Government Units (powers, functions and
responsibilities).

Act No. 3573 All Communicable diseases shall be reported to

the nearest health station; any person may be
inoclated, administered or injected with
prophylactic preparations . No person shall refuse
as to hinder or obstruct these protective measures
deemed advisable by the Secretary of Health or
the authorized representatives.
R.A. 1082 provides for the creation of the rural health units.
R.A. 4073 liberalizes the treatment of leprosy; patients shall be
treated in skin clinic, RHUs, or by a duly licensed physician.
P.D. 996 Requires the compulsory immunization for all children
below eight years of age against communicable diseases.
Circular No. 14 of 1965: all Grade 1 pupils be immunized
against small pox, diptheria and T.B.

P.D. 856 Code of Sanitation

Provides for the control of all factors in mans
environment that affect health.
P.D. 825 Provides for penalty for improper disposal of garbage and
other forms of uncleanliness.

LAWS PERTAINING TO RESPONSIBLE PARENTHOOD

R.A. 6365 established a national Policy on Population and created the Commission
on Population.

P.D. 791 revised the Population Act. It defined the objectives, duties &

functions of POPCOM.

P.D. 166 amended P.D. 791

It strengthens the family planning program through the
participation of individuals and private organizations in
the formulation & implementation of the program
planning policies.
General Order No. 18 enjoins all citizens of the Philippines, Schools,
government offices, mass media, voluntary and religious
organizations of all creeds, business and industrial
enterprises to promote the concept of family welfare,
responsible parenthood and family planning.
P.D. 965 requires that couples intending to get married must first undergo
a family planning and responsible parenthood instruction prior to the
issuance of a marriage license.

LAWS AFFECTING NURSING EDUCATION

L.O.I. No. 47 directs all schools of medicine, nursing, midwifery and
allied medical professions and social work to prepare,plan and
implement the integration of family planning in their curricula and to
require from their graduates sufficient appropriate licensing
examination.
PRC Resolution No. 2004-179 Series of 2004: re-implementation of
Continuing Professional Education requiring 60 credit unit for three
years for professionals with Bachelors degree. Excess units earned
cannot be carried on to the next 3-year period except for units earned
for doctoral and masteral degrees.
The total CPE Units for registered professionals without
baccalaureate degrees shall be 30 units for three years.
Any excess shall not be carried to the next three-year period.

CHED MEMORANDUM NO. 30 SERIES OF 2001

Subject: Updated Policies and Standards of Nursing Education
Salient Points:
1. Article III Administration
The College shall be administered by a full-time Dean who:
1. A. is a filipino citizen;
2. B. is a current Registered Nurse in the Philippines;
3. C. is a holder of Masters degree in Nursing;
4. D. has at least five (5) years of competent teaching and
supervisory experience in colleges or institutes of nursing;
5. E. is an active member of good standing of the Association
of Deans of Philippine Colleges of Nursing (ADPCN) and the
6.
accredited national nurses association.

2. Article IV Faculty
The Faculty shall have academic preparation appropriate to
teaching assignment. In addition, s/he must:
a. be a Filipino Citizen;
b. be a current Registered Nurse in the Philippines;
c. be a holder of Masters degree in their major field and/or
allied projects;
d. have at least three (3) years of clinical practice in the
field of specialization;
e. be a member of good standing of the accredited national
nursing association.
Section 3: The salary of the faculty shall be commensurate with their rank;
Full time faculty members who shall be responsible for both
classroom and RLE must teach nursing courses.

Section 4 : The Faculty shall be assigned academic ranks in

accordance with their academic training and clinical
expertise.
Section 5: The Faculty Development Program
It plays a role in the effective operation of the
College. It consists of activities and programs towards the
development of the Faculty for intellectual, personal and
professional as well as moral and spiritual growth.

How to stay out of

Jail and to stay in
the job?????
Know your legal
responsibilities

THE NURSE AND HER

LEGAL RESPONSIBILITIES

Negligence
REFERS TO THE OMISSION OF AN
ACT, PURSUANT TO A DUTY, THAT A
REASONABLY PRUDENT PERSON
IN THE SAME OR SIMILAR
CIRCUMSTANCE WOULD OR
WOULD NOT DO AND ACTING AND
THE NON ACTING OF
WHICH IS THE PROXIMATE CAUSE
OF INJURY TO ANOTHER
PERSON OR HIS PROPERTY.

The Joint Commission on

Accreditation of
Healthcare Organizations
(JCAHO) defines
negligence as a failure to
use such care as a
reasonably prudent and
careful person would use
under similar

Negligence is:
A general term that denotes
conduct lacking in due care;
Carelessness;
A deviation from the standard
of care that a reasonable
person would use in a
particular set of

Examples of Negligence
1.Failing to monitor the patient as
ordered by the physician or as
needed.
2.Failing to communicate a change
in patient status.
3. Failing to report another health
care providers incompetence.
4.Failing to provide for the
patients safety.

4. Improper administration of
medication.
5. Allowing patient to fall / to be
burned.
6. Failing to question an inappropriate
medical order.
7. Failing to provide patient education.

MALPRACTICE specific type

of negligence.
The improper or unskillful care of
a patient by a nurse.
Also
the stepping beyond ones
authority
with SERIOUS consequences.

To be liable for malpractice, the

person committing the wrong
must be a professional.
The courts define malpractice as
the failure of a professional
person to act in accordance with
the prevailing professional
standards, or failure to foresee
consequences that a professional
person, having the necessary skills

JCAHO defines malpractice as

improper or unethical conduct
or unreasonable lack of skill by a
holder of a professional or official
position;
Often applied to physicians,
dentists, lawyers, and public
officers to denote negligent or
unskillful performance of duties
when professional skills are

If performed by a nonprofessional person the result is

negligence;
If performed by a professional
person the acts could be the basis
for a malpractice lawsuit.

Factors which have

contributed to the
increase
in malpractice
Delegation.
cases
nurses
Earlyagainst
discharge.

Nurses may be sued for not

providing care or not making
referrals appropriate to the
patient's condition.

The nursing shortage and

hospital downsizing have
contributed to greater
workloads for nurses, increasing
the likelihood of error.
Advances in technology
require nurses to have
knowledge of a variety of
technologies capabilities,
limitations, and safety features.

Increased autonomy and

responsibility of hospital nurses
in the exercise of advanced nursing
skills have also brought about
greater risk of error and liability.
Better-informed consumers
Expanded legal definitions of
liability have held all professionals
to higher standards of accountability.

In order to prove negligence or

malpractice, the following
elements must be established:

Duty

Dereliction of
duty
Breach of Duty

Existence of duty on the part

of the person charged.

Failure to meet the standard

of due care.
Foreseeability of harm
What should have been done
in retrospect?
Direct causation
Fact that breach of duty
resulted in an injury
Damage Pain & sufferings
(Past, Present, Future)
Disfigurement
Damage
Disability,Losses,Expenses,
Emotional Harm

Different levels of responsibility or

liability for malpractice:
An individual is accountable for
acts of negligence personally
committed;
The manager or supervisor may
be held liable for the acts of the
nurse if there has not been
appropriate delegation of duties or

 An employer may be liable for the

acts of its employees for failing to do
the following:
hire staff who has the qualifications
and skills to perform the necessary
functions
provide opportunities for the
professional growth of the staff such
as workshops and seminars
http://www.dhss.mo.gov/LPHA/PHNursing/Negligenc
provide adequate library services;
e_Malprac_04.htm

provide opportunities for

exchange of ideas
provide adequate and sufficient
equipment and supplies and
maintaining them
ensure that managers and
supervisors carry out their duties
competently.

LEGAL DEFENSE IN NEGLIGENCE

1.Know and attain the standard of care in
giving service.
Re: IV therapy
Telephone order
2. Documentation of care
If the nurse did not document, the
nurse did not perform.

Rule to consider in following

orders
The nurse must not execute an order if
she is reasonably certain it will result
in harm to the patient.

SOMERA Case
The most discussed case in Philippine
Nursing history in following doctors
order.
Ms. Somera was condemned in May
1929 in Manila to one year
imprisonment in relation to the death of
a young girl in the OR.
She was accused of homicide through
reckless imprudence.

Actual case

Assisting Lorenza Somera, a head nurse,

were student nurses V. Andaya and C.
Montinola.
During the operation, Dr. Favis asked dr.
Bartolome, his assistant for NOVOCAINE
solution. Ms. Montinola handed Dr. Bartolome
a syringe of solution which was handed to Dr.
Favis who injected the same to the patient.
Patient became pale and acting as if dying. A
third syringe of solution was injected
patient convulsed. Adrenalin was injected 2x
but patient died.

NEXT EPISODE!!!!!
Dr. Favis asked if the
Novocaine was fresh.

Ms. Somera replied

that the solution was
not Novocaine

In court, Ms. Montinola, the student

nurse testified she heard Dr. Favis
order cocaine with Adrenaline for
injection
She heard Ms. Somera verified the order.
Facts not brought in the trial were:
That Ms. Somera had finished her training
only on May 20, 1929
That she had not received her registration
certificate and was not an experienced
graduate as stated in the prosecution.
That Dr. Favis had performed tonsillectomy
but once

The two accused Doctors were

absolved of the crime but
Somera was condemned
How could have this been
prevented?????????

Doctor, did you ask for Novocaine or

Cocaine?
If Cocaine she should have directed the
student to DIP a cottom pledget in
cocaine since she knew that cocaine was
administered topically.

Avoid Negligence

1. Treat patients & families with RESPECT &

HONESTY.
2. USE YOUR NURSING KNOWLEDGE to make
correct nursing diagnosis and to implement
appropriate nursing interventions.
3.Remember that your PRIMARY
RESPONSIBILITY IS THE PATIENT.
4.KNOW & ADHERE TO HOSPITAL POLICIES
AND PROCEDURES

4. Remain UP-TO-DATE in your skills

and education.
5.UTILIZE THE NURSING PROCESS
as basis for your nursing care.
6. DOCUMENT accurately all data
relevant to patient care.
7.Respect PATIENTS RIGHT TO
EDUCATION about his / her illness.
8.DELEGATE PATIENT CARE wisely.

LEGAL ASPECTS AND THE

NURSE

CRIME - Act committed or omitted

in violation of the law.
(1)Criminal act
(2)Evil/criminal intent
Subjects the offender to prosecution
Penalty - Imprisonment
Fine
Both

CRIMINAL ACTIONS:
Deal with acts or offenses against
public welfare.
Degrees of criminal actions:
Minor offenses
Misdemeanors
Felonies

Misdemeanor:
A criminal offense that is less
serious than a felony and
generally punishable by a
fine, a jail term of up to a
year, or both.

Criminal Negligence
A negligence which involves
reckless disregard of the
safety of others resulting to
personal injury or death.

2 classes:
a) Reckless imprudence or reckless
negligence.
Omission or commission of an act
voluntarily but without malice
resulting to material damage because
of inexcusable lack of precaution.
b) simple imprudence
the damage is not evident or manifest.

CRIMINAL INTENT
State of mind of a person at the time
the criminal act is comitted. Knowing
that an act is not lawful and still
decided to do it anyway.
Deliberate intent:
Freedom
Intelligence

Felony- A heinous crime;

especially, a crime punishable
by death or imprisonment.
Examples:
murder, rape, or burglary, any
action punishable by a more
stringent sentence

Classes of Felonies
1. Classified according to the degree of the
acts of execution
Consummated: all elements are present
Frustrated: performs the act, but felony
was not produced
Attempted: commences, but does not
perform all the acts

2. Degree of Punishment
Grave felonies: capital punishment
Less Grave felonies: correctional
punishment
Light felonies: arresto menor

Persons Criminally
Liable
1.Principals all those who take a
direct part in the execution of the
act: cooperate in the commission
of the offense by another act
without which the crime would
not have been accomplished

2. Accomplice accessories before

the fact
Ex. Advising a pregnant woman where
she may go to submit to criminal abortion.
3. Accessories Accessories after the fact
A Nurse who having knowledge of the
abortion refuses to testify

CIRCUMSTANCES
AFFECTING CRIMINAL
LIABILITY
JUSTIFYING CIRCUMSTANCES
EXEMPTING CIRCUMSTANCES
MITIGATING CIRCUMSTANCES
AGGRAVATING CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES

Justifying
Circumstances

These are the defenses in which

the accused is deemed to have
acted in accordance with the law
and therefore the act is lawful.
Since the act is lawful, it follows
that there is no criminal, no
criminal liability and no civil
liability,

JUSTIFYING CIRCUMSTANCES
CRIMINAL
LIABILITY)
1.(NO
Anyone
who acts in defense
of his person and rights

Unlawful aggression
Reasonable necessity to prevent it
2. Lack of sufficient provocation on the person defending himsel
Anyone who acts in defense of his spouse,
ascendants, descendants, legitimate natural or
adopted brothers or sisters.

3.Anyone who acts in defense of the person or rights of a stranger

provided the first and second requisites mentioned in the first
circumstances are present.

4. Any person who, in order to avoid

an evil or
injury does an act which causes
damage to
another, provided that the evil
sought actually exists
the injury feared be greater than that
done to avoid it, there be no other
practical and less
harmful means to avoid it
5. Any person who acts in the fulfillment of a duty
or in the lawful exercise of a right or office.

Exempting
Circumstances
These are defenses where the accused

committed a crime but is not criminally

liable. There is a crime, and there is civil
liability but no criminal liability.
Burden of proof lies with the accused

http://www.scribd.com/doc/4664479/Exempting-Circumstances

EXEMPTING CIRCUMSTANCES
1. IMBECILE OR INSANE PERSON UNLESS THE LATTER
ACTED PERSON DURING A LICID INTERVAL
2. ANY PERSON BELOW NINE YEARS OF AGE
3. ANY PERSON OVER NINE YEARS OF AGE AND UNDER
FIFTEEN, UNLESS HE HAS ACTED WITH DISCERNMENT
4. ANY PERSON WHILE PERFORMING A LAWFUL ACT
WITH DUE CARE CAUSES AN INJURY BY MERE
ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING
IT
5. ANY PERSON WHO ACTS UNDER THE COMPULSION OF
IRRESISTIBLE FORCE
6. ANY PERSON WHO ACTS UNDER THE IMPULSE OF AN
UNCONTROLLABLE FEAR OF AN EQUAL INJURY
7. ANY PERSON WHO FAILS TO PERFORM AN ACT
REQUIRED BY LAW WHEN PREVENTED BY SOME
LAWFUL INSUPERABLE CAUSE

MITIGATING
CIRCUMSTANCES
Are those which do not constitute
justification or excuse of the offense in
question, but which, in fairness and
mercy, may be considered as
extenuating or reducing the degree of
moral culpability.

MITIGATING CIRCUMSTANCES
( LESSENS CRIMINAL LIABILITY)
1. OFFENDER IS UNDER EIGHTEEN YEARS OF AGE OR OVER
SEVENTY YEARS.
2. OFFENDER HAS NO INTENTION TO COMMIT SO GRAVE A
WRONG AS THAT COMMITTED.
3. SUFFICENT PROVOCATION OF THREAT ON THE PART OF
THE OFFENDED PARTY PRECEDED THE ACT
4. ACT WAS COMMITTED IN THE IMMEDIATE VINDICATION OF
A GRAVE OFFENSE TO THE ONE COMMITTING THE
FELONY, HIS SPOUSE, ETC
5. HAVING ACTED UPON AN IMPULSE SO POWERFUL TO
HAVE PRODUCED PASSION.
6. OFFENDER VOLUNTARILY SURRENDERED
7. OFFENDER IS DEAF AND DUMB, BLIND OR OTHERWISE
SUFFERING SOME PHYSICAL DEFECT WHICH RESTRICTS
HIS MEANS OF ACTION. DEFENSE OR COMMUNICATION.

Aggravating
Circumstances
Special circumstances
tending to increase the
severity of the crime
charged or the severity of
punishment.

AGGRAVATING CIRCUMSTANCES
THOSE WHICH INCREASE CRIMINAL LIABILITY
WHEN AN OFFENDER TAKES ADVANTAGE OF HIS
PUBLIC POSITION.
WHEN THE CRIME IS COMMITTED IN CONTEMPT
OR WITH INSULT TO PUBLIC AUTHORITY.
WHEN THE ACT IS COMMITTED WITH INSULT OR
IN DISREGARD OF THE RESPECT OF THE
OFFENDED PARTY ON ACCOUNT OF HIS RANK,
AGE OR SEX OR THAT IS COMMITTED IN THE
DWELLING OF THE OFFENDED PARTY, IF THE
LATTER HAS NOT GIVEN PROVOCATION.
WHEN THE ACT IS COMMITTED WITH ABUSE OR
CONFIDENCE OR OBVIOUS UNGRATEFULNESS.
WHEN A CRIME IS COMMITTED IN A PLACE OF
WORSHIP

WHEN THE CRIME IS COMMITTED IN

CONSIDERATION OF A PRICE, REWARD
OR A PROMISE.
WHEN THE CRIME IS COMMITTED ON THE
OCCASION OF CONFLAGRATION,
SHIPWRECK,EPIDEMIC OR OTHER
CALAMITY OR MISFORTUNE

Alternative circumstances

are those which must be taken into

consideration as aggravating or
mitigating according to the nature and
effects of the crime and other conditions
attending its commission.

These are: relationship,

Alternative circumstances
Relationship is
aggravating in
physical
injuries
inflicted by a
descendant
upon an
ascendant.

Relationship is
mitigating when
an accused
aided his/her
brother in the
fight against the
offended party.

Lack of education is not

mitigating in:
1.
2.
3.
4.
5.
6.

Rape
Forcible abduction
Arson (fire starting)
Treason (disloyal)
Crime against chastity
Acts committed in
heinous crime.

WHAT ARE POINTS TO

OBSERVE IN ORDER TO
AVOID CRIMINAL
LIABILITY?

TORT Legal wrong, committed

against a person or property
independent of a contract which
renders the person who commits it
liable for damages in a civil action.
A tort is an act that injures someone in
some way, and for which the injured
person may sue the wrongdoer for
damages. Legally, torts are called civil
wrongs, as opposed to criminal ones.

Torts may be committed with force, as

trespasses, which may be an injury:
person, such as assault, battery,
imprisonment;
property in possession;
May be committed without force. Torts of
this nature are to the absolute or relative
rights of persons, or to personal property in
possession or reversion, or to real property,

THEFT
ROBBERY
HOMICIDE
PARRICIDE
MURDER
INFANTICIDE
ABORTION
GIVING ASSISTANCE TO SUICIDE
TORT - ILLEGAL DETENTION
SIMULATION OF BIRTHS
ASSAULT
BATTERY
INVASION OF PRIVACY
DEFAMATION

1. Assault An unjustifiable ATTEMPT

to touch another person.
2. Battery an intentional
unconsented touching of another person.
Example: injection without consent, physical
restraining with injury.
3. Invasion of privacy/
Breach of
confidentiality
4. False Imprisonment
or Illegal Detention

Examples :
a.Divulging information from a patients
chart to improper sources or
unauthorized person.
b. Publication of any picture of a patient
or a malformed baby without consent.
c. Permission to a non-professional (male
helper) to view a woman in labor.

5. DEFAMATION character assassination

a. slander speaking unprivileged or false
words by which reputation is damaged

b. Libel printed defamation by written words

cartoons, or such representation.
THE REMARKS THAT ARE BETWEEN TWO
PERSONS MUST HAVE A THIRD PERSON T
HEAR OR READ THE COMMENT BEFORE
IT IS CONSIDERED DEFAMATION.

DUE PROCESS OF
LAW
A LAW THAT

Hears before it condemns

Proceeds upon inquiry
Renders judgment after trial

REQUIREMENT
Opportunity for hearing & defense
= Definite Charge
=
Adequate Notice
=
Full, fair, impartial hearing

CHARGE Statement of
Accusations
Complaint
Indictment
Petition

NOTICE Service of Process

Warrant
Search Warrant
Summons
(Filed 5 days from date of Complain
Subpoena
Subpoena Duces Tecum
HEARING (Within 5 days)

Doctrine of res ipsa

loquitor
Doctrine of Force
majeure means an
irresistible force

Doctrine of respondeat
superior
Let the master answer
for the act of the
subordinate

WILLS

Wills is a legal declaration of

a persons intention
upon Testamentary
death
document - it takes
effect after the death
of its maker.

DECEDENT a person who has died

TESTATOR - A man who makes and
leaves a will, or testament, at
death.
TESTATRIX A woman who has
made a valid will
PROBATE- VALIDATED WILL IN
COURT
HOLOGRAPHIC WILL WRITTEN,
DATED, AND SIGNED WILL
NUNCUPATIVE WILL-ORAL WILL

TESTAMENTARY CAPACITY
AND INTENT
TESTATOR RIGHT AGE,
SOUND MIND, FREE OF
UNDUE INFLUENCE.
ADMINISTRATOR NAMED
DISPOSAL OF PROPERTY
ACCORDING TO LEGAL
DOCUMENT

SIGNED BY THE TESTATOR IN LANGUAGE

KNOWN TO TESTATOR AND WITNESSES.
THERE ARE WITNESSES RIGHT AGE,
SOUND MIND, NOT DEAF OR BLIND,
ABLE TO READ AND WRITE
ACKNOWLEDGED BEFORE NOTARY
PUBLIC

WHAT IS THE NURSES

OBLIGATION IN THE
EXECUTION OF A WILL?

CONTRACT
1.A promise/set of promises.
2.recognized by law
3. Duty
4.If not done, law provides
remedy

Legal capacity to enter into a

contract
Be of legal age at least 18
y.o.,unless married
Be of sound mind
Not be under the influence of
intoxicating drugs, or fear of bodily
harm
Not suffering from physical disability

If a nurse enters into a

contract, it is usually an
agreement to be paid a
certain amount of money
and be provided benefits in
exchange for such services.

Kinds of contract
Formal contract ex.
Marriage contract,
deeds of sale
Informal contract
written or verbal,
law does not require
it to be written.
Express contract
work contracts

Implied contract
Void contract inexistent
from the
beginning.Ex.contract wit
a 15 y.o. person
Illegal contract that whic
is prohibited by law. Ex. A
midwife who poses as a
nurse

Requisites of a
contract
1.Two
or more peoples participate
2. People give consent
3. Object which is the subject
matter of the contract must be
specified.
4. Cause of obligation is
established.
5. Legal capacity to enter into a

Legal excuses in
refusing, neglecting or
failure
to
perform
a
Discovery of material
contract
representation;
Where performance is illegal;
Where performance is impossible
because of illness;
Where contract is insufficient

God has planned

something better for
us.so that ONLY
TOGETHER WITH US
THEY ARE MADE
PERFECT.
HEB.11 : 40
Nobody can replace you
in Gods plan.