Nursing Law and Jurisprudence

RYAN MICHAEL F. ODUCADO, MAN, MAEd, RN, RM, RPT
“COMPETENT
COURT IS A
COURT
HAVING LAWFUL
JURISDICTION”

LAW
• Broadest sense:
– ANY RULE OF ACTION or
– NORM OF CONDUCT applicable to all kinds of
action and to all objects of creation
• Strict legal sense:
– RULE OF CONDUCT
– just and obligatory, promulgated by competent
authority for common observance and benefits

CLASSIFICATION OF LAW
• PUBLIC LAW:
 STATE AND ITS CITIZENS
AMONG STATES
• PRIVATE LAW:
 BETWEEN MEMBERS OF THE SOCIETY among the
citizens of the State that

PUBLIC LAW
• CRIMINAL LAW:
– law that DEFINES CRIMES, treats of their nature and
provides punishment
– an offense against society that violates a law
• INTERNATIONAL LAW:
– LAW OF NATIONS
1. Public International Law
2. Private International Law:

PUBLIC LAW
• Political Law: branch of law which treats the
SCIENCE OF POLITICS OR THE ORGANIZATION OF
GOVERNMENT
– CONSTITUTIONAL LAW: SUPREME AND
FUNDAMENTAL LAW OF A STATE; defines the powers
of the government and the rights of the citizens
– ADMINISTRATIVE LAW: governs the ORGANIZATION,
COMPETENCE AND FUNCTIONS OF GOVERNMENT
ADMINISTRATIVE AUTHORITIES

PRIVATE LAW
• CIVIL LAW: double purpose
1. ORGANIZING THE FAMILY and
2. REGULATING PROPERTY
• COMMERCIAL LAW: regulate the COMMERCIAL
OR BUSINESS RELATIONS
• REMEDIAL LAW: prescribes METHOD OF
ENFORCING RIGHT OR OBTAINING REDRESS FOR
THEIR INVASION;

• Something that you commit against the
public
CRIME
• Civil wrong; committed against an individual
TORT

SOURCES OF HUMAN LAW
• EXECUTIVE ISSUANCES
• LEGISLATIVE ISSUANCES
• JUDICIAL ISSUANCES
• ADMINISTRATIVE ORDERS
• RESOLUTIONS
• OTHER ISSUANCES
• PREVIOUS COURT DECISIONS

SOURCES OF LAW
• Constitution
– Binding on all individual citizens and all agencies
of the government
• Legislations (Statutory Laws)
– enacted by the LEGISLATIVE BRANCH of the
government

SOURCES OF LAW
• Administrative, Executives Orders, Regulations
and Rulings
– Issued by administrative officials under authority by
law
– Intended to clarify or explain the law and carry into
effect its general provisions
• Precedents
– Refer to judicial decisions or jurisprudence
– Under the doctrine of stare decisis

SOURCES OF LAW
• Custom
– These are habits and practices which have become
acknowledged and approved by society as binding
rules of conduct
• Supplementary sources of law
– Refer to those sources of law which the court may
resort in the absence of all other sources

NURSE AND LIABILITIES
• LIABILITY
– Is a PENALTY OR SANCTION by a nurse if found
guilty of violation of any of the existing laws in the
Philippines as well as implementing rules and
regulations
– Quality or state of being legally responsible to
account for one’s obligations and actions and
make financial restitutions for wrongful acts.

Kinds of Liability (In General)
1. ADMINISTRATIVE LIABILITY
2. CIVIL LIABILITY
3. CRIMINAL LIABILITY

ADMINISTRATIVE LIABILITY
• Incurred for a violation of any ADMINISTRATIVE OR
REGULATORY LAW in the Philippines
• Law that punishes:
– The Philippine Nursing Act
• It provides for grounds or reasons for (Penallty)
– REPRIMAND, SUSPENSION, OR REVOCATION OF A LICENSE to
practice nursing
• Complaint:
– ADMINISTRATIVE COMPLAINT/CASE
• Filed:
– BOARD OF NURSING
• Nature of Liability:
– PERSONAL

CIVIL LIABILITY
• Imposes a PENALTY OF DAMAGES ; basis of damage
• Law that punishes :
– CIVIL CODE OF THE PHILIPPINES
• Standard of Proof:
– Preponderance of the evidence
• Penalty:
– REPRESENTS THE SUFFERINGS OR EXPENSES INCURRED BY
THE PATIENT on account of the supposed negligence or
wrongdoing of a nurse.
• Filed :
– TRIAL COURT
• Nature of Civil Liability:
– VICARIOUS AND CAPTAIN OF THE SHIP DOCTRINE

Two Classes of Injuries Caused
By A Crime
1. SOCIAL INJURY
– produced by the disturbance and alarm are the
outcome of the crime.
– And this is sought to be repaired through the
imposition of the corresponding penalty
2. PERSONAL INJURY
– caused to the victim of the crime who have suffered
damage, either to his person, to his property, to his
honor, and to her chastity.
– It is sought to repaired through indemnity, which is
civil in nature.

• Rule on Civil Liability Arising from Crimes
– “EVERY PERSON CRIMINALLY LIABLE FOR A FELONY IS ALSO
CIVILLY LIABLE”.
• No Damage, No Civil Liability
– While every person criminally liable for a felony is also
civilly liable, however, it is necessary that the commission
of the felony caused to another, otherwise, the offender
would not be civilly liable even if he is criminally liable for
the felony committed

• Who are Civilly liable for Felonies Committed by Imbecile or
Insane Person (An imbecile is exempted from criminal
liability) However, the civil liability for the offense he has
committed shall be borne by:
– THE PERSON HAVING LEGAL AUTHORITY OR
CONTROL OVER THEM, if they are at fault or
negligent;
• The imbecile or the insane (shall answer with his
own property), in the following instances:
a) If the said person having legal authority or control
are not at fault or negligent
b) If the said persons, thought at fault, are insolvent
c) If there are no such person having legal authority or
control

What Civil Liability Includes
• Restitution
– Which involves the RESTORATION BY THE CONVICT OF
THE THING ITSELF to the offended party, with allowance
for any deterioration or diminution
• Reparation of the Damage Caused
– Which is the PAYMENT BY CONVICT OF THE AMOUNT OF
DAMAGE, taking into consideration the price of the thing
and its special sentimental value to the injured party
• Indemnification For Consequential Damages
– Which is the indemnification not only for the damages
caused the injured party, but ALSO FOR THOSE SUFFERED
BY HIS FAMILY OR BY A THIRD PERSON BY REASON OF
THE OFFENSE

KINDS OF DAMAGES
• ACTUAL DAMAGES
– Are ACTUAL EXPENSES INCURRED BY THE
PATIENT as a supposed victim of the nurse’s
malpractice
– Refer to pecuniary loss suffered by a party as he
has duly proved
– They cannot be granted unless supported by the
evidence on record

KINDS OF DAMAGES
• MORAL DAMAGES
– Compensates for the PATIENT’S MENTAL
ANGUISH AND SUFFERINGS
– This represents the patient’s sleepless nights and
wounded feelings as a result
– Include physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and
similar injury

KINDS OF DAMAGES
• EXEMPLARY/CORRECTIVE DAMAGES
– Are those imposed by way of example or
correction for the public good
– those that are imposed by the court in GIVING
THE PUBLIC AN EXAMPLE OF WHAT NOT TO
FOLLOW IN THE PRACTICE OF NURSING
• Lost of income

• Attorney’s Fees and Litigation Expenses: In the absence of stipulation, attorney’s
fees and expenses of litigation, other than judicial costs, cannot be recovered
except:
– When exemplary damages are awarded
– When the defendant’s act or omission has compelled the plaintiff to
litigate with third persons or incur expenses to protect his interest
– In criminal cases of malicious prosecution against plaintiff
– In case of a clearly unfounded civil action or proceeding against the
plaintiff
– Where the defendant acted in gross and evident bad faith in refusing to
satisfy the plaintiff’s plainly valid, just and demandable claim
– In action of legal support
– In actions fir the recovery of wages of household helpers, labourers, and
skilled workers
– In actions for indemnity under workmen’s compensation and employer’s
liability laws
– In a separate civil action to recover civil liability arising from a crime
– When at least double judicial cost are awarded
– In any other case where the court deems it just and equitable that
attorney’s fees and expenses of litigation should be recovered

• LIQUIDATED DAMAGES
– Refer to those agreed upon by parties in CASE OF
BREACH OF CONTRACT
• NOMINAL DAMAGES
– Are adjudicated in order that a right of the
plaintiff, which has been violated or invaded by
the defendant, may be vindicated or recognized,
and not for the purpose of indemnifying the
plaintiff for any loss suffered by him
• TEMPERATE OR MODERATE DAMAGES
– Are imposed for pecuniary loss but its amount
cannot be provided with certainty

VICARIOUS LIABILITY
• A person may be liable not only for his own acts
or omissions, but also for the ACTS OR
OMISSIONS OF THE PERSONS FOR WHOM HE IS
RESPONSIBLE
• LIABILITY OF PARENTS
• LIABILITY OF GUARDIAN
• LIABILITY OF OWNERS OF MANAGERS OF
ESTABLISHMENTS
• LIABILITY OF EMPLOYERS
• LIABILITY OF TEACHERS

Defense and Remedy in Vicarious
Liability
• The above mentioned persons may not be liable
if they OBSERVED THE DILIGENCE OF A GOOD
FATHER OF A FAMILY to prevent damage
• The above mentioned persons, if they paid for
damages caused by their employees or
dependents, may recover the latter what has
been paid or delivered in satisfaction of the claim.
Thus, the said employees or dependents are not
totally beyond liability.

CRIMINAL LIABILITY
• Law that punishes:
– REVISED PENAL CODE
• Standard of proof
– GUILT beyond a reasonable doubt
• Penalty:
– IMPRISONMENT AND/OR FINE
• Filed:
– First  PUBLIC PROSECUTOR’S OFFICE then COURT
• Nature:
– PERSONAL

Penalties
• Is the suffering that is being inflicted by the
State for commission of the crime
• Kind of Penalties (From the 3 kinds of felonies
according to gravity)

Theories Justifying Penalty
• Prevention
– Penalty prevents the danger to society that may
arise from crimes
• Self-Defense
– Penalty is a measure of self defense intended to
protect society from the threat and wrong
inflicted by the criminal

• Reformation
– Penalty is intended to correct and reform the
offender
• Exemplarity
– The criminal is penalized as an example to deter
others from committing crimes
• Justice
– Penalty imposed as an act of retributive justice, a
vindication of right and moral law violated by the
criminal

Causes of Extinction of
Criminal Liability
• Death of the Convict
– Reason is that one of the conditions of penalty is that it is
personal; However, death of the offended party does not
extinguish the criminal liability to the offender, Reason is
the crime is committed against the state
• Service of Sentence
– Crime is but a debt incurred by the offender as a
consequence of his wrongful act and the penalty is but the
amount of his debt. When payment made, the debt is
necessarily extinguished
• Amnesty
– Is a general pardon of a class of persons who are guilty of
political crimes (treason)

Causes of Extinction of
Criminal Liability
• Absolute pardon
– Which is an act of grace (coming from the President) which
exempts the convict from the punishment of his crime
without any condition
• Prescription of the Crime
– Which is the forfeiture or loss of the right of the State to
prosecute the offender after the lapse of a certain time
• Prescription of the Penalty
– Which is the forfeiture or loss of the right of the State to
execute the final sentence after the lapse of a certain time
• Marriage of the offended women or marriage of the offender, in
good faith, with the offended woman after the commission of
the crime of rape, acts of lasciviousness, seduction or abduction.

• LAWSUIT
– legal action in court
– proceeding in court for a purpose.
• Purpose:
1. to enforce a right
2. to redress a wrong

• LITIGATION – the process of settling lawsuits
• LITIGANTS – parties involved in litigation
– PETITIONER = PLAINTIFF = COMPLAINANT
– ACCUSED = DEFENDANT = RESPONDENT
• A nurse may be a LITIGANT, A WITNESS OR
EXPERT WITNESS

LEGAL PROCEDURE AND TRIAL
• In trial, the judicial procedure is to ASCERTAIN
FACTS BY HEARING EVIDENCE, DETERMINE
WHICH FACTS ARE RELEVANT, APPLY TO
APPROPRIATE PRINCIPLE OF LAW AND PASS
JUDGMENT. This procedure in a lawsuit can be
divided into:
1. COMMENCEMENT
2. PLEADING
3. PRETRIAL
4. TRIAL
5. EXECUTION

1. COMMENCEMENT
• First step is to determine what kind of legal action to take
• The court has JURISDICTION and determines the VENUE
where the case will be presented
• Court determines a controversy between 2 DISPUTANTS
OR LITIGANTS
• Attorney files an order with the court clerk to ISSUE WRIT
OF SUMMONS
• The COMPLAINED IS FILED AND SERVED

• STATUTE OF LIMITATIONS
– the length of time following the event during which
the plaintiff may file a suit.
– Complaint must be MADE WITHIN A SPECIFIC TIME or
the right to complain may be lost forever
• Claims for negligence or malpractice vary from 2-3 YEARS
• In criminal cases, statutes of limitation vary from 2-6 years
• EXCEPT in MURDER = NO TIME LIMIT

• There is time limit in filing cases because:
a. Witnesses become less reliable after passage of
time
b. More difficult to procure records that may be
important
c. Death may intervene and prevent the presence
of essential persons
d. Parties may wait indeterminably until an unfair
advantage accrues by reason of death of an
important witness of destruction of documents

2. PLEADING
• Each party presents a statement of facts of pleading to the
court
• First pleading is generally known as a COMPLAINT OR
PETITION
• MISDEMEANOUR = COMPLAINTS
• FELONIES = INDICTMENTS
• After the complaint is filed, the defendant must make
some reply within a specific time

3.PRETRIAL & 4. TRIAL
• Pretrial
– INFORMAL DISCUSSION BETWEEN THE JUDGE AND ATTORNEY to
eliminate matters not to dispute, agree on issues and settle
procedural matters relating to the trial
• Trial
– The judge DETERMINES THE FACTS AND APPLY THE LAW
– Appeals may be issued to review the case
– Losing party may move for a new trial
– Final judgment results and matter is ended
• Appeals
– An appellate court reviews the case and when case is
decided by it, the final judgment results and matter is
ended

• QUALIFICATION OF WITNESS
– Except as provided in the next succeeding section,
ALL PERSONS WHO CAN PERCEIVE AND
PERCEIVING CAN MAKE THEIR KNOWN
PERCEPTION TO OTHERS, MAY BE WITNESSES
– Religious or political belief, interest in the
outcome of the case, or conviction of a crime
otherwise provided by law shall not be a ground
for disqualifications

• PHYSICIAN-PATIENT PRIVILEGE
– A person authorized to practice medicine, surgery,
or obstetrics cannot in a civil case, WITHOUT THE
CONSENT OF THE PATIENT, BE EXAMINED AS TO
ANY ADVICE OR TREATMENT GIVEN BY HIM OR
ANY INFORMATION WHICH HE MAY HAVE
ACQUIRED IN ATTENDING SUCH PATIENT IN A
PROFESSIONAL CAPACITY, which information was
necessary to enable him to act in that capacity
and which would blacken the reputation of the
patient

• COMPETENT EXPERT WITNESS
– Qualified to testify based on special knowledge,
skill, experience and training.
– Ordinarily, only physician and surgeons of skill
experience are competent to TESTIFY AS TO
WHETHER A PATIENT HAS BEEN TREATED OR
OPERATED UPON WITH A REASONABLE DEGREE
OF SKILL AND CARE
– Generally, expert medical testimony is relied upon
in malpractice suits to prove that a physician has
done a negligent act or that he has deviated from
the standard medical procedure

• TESTIMONY OF FACTS
– Nurses should testify only on WHAT SHE KNOWS
BASED ON FACTS
• TESTIMONY OF OPINION
– Only given by EXPERT WITNESS
• Hearsay evidence
– Or a REPETITION OF WHAT THE WITNESS HAD
HEARD others say, is not admissible in court

• Perjury
– FALSE SWEARING UNDER OATH
– Since testimony is under oath, she should speak
only the truth
• Privilege against Self-Incrimination
– Anyone should neither hesitate to say she does
not know, nor answer any question that might
incriminate her

• ANTE-MORTEM STATEMENTS
– DYING DECLARATIONS
– Considered hearsay evidence except when made
by a victim of a crime
– If a nurse receives a dying declaration, she should
write down the person’s actual words
– She should repeat back what she wrote to
determine if it is correct
– If possible, these statements are to be signed by a
person making the declaration

5. EXECUTION
• Generally, lawsuits against hospitals or physicians and
nurses involve recovery of money damages
• The DEFENDANT IS COMPELLED TO EXECUTE THE
JUDGMENT
• Failure to obey will be regarded as CONTEMPT OF
COURT and will result in imprisonment
• If judgement is for payment of money, the plaintiff may
cause the sheriff to sell so much of the defendant’s
property as is necessary to pay the cost

RIGHT
• RIGHT
– In civil society, defined to mean that which a MAN IS
ENTITLED TO HAVE, OR TO DO, OR TO RECEIVE from
others within the limits prescribed by law
– In juristic sense, is a CAPACITY RESIDING IN ONE MAN OF
CONTROLLING, with the assent and assistance of the
state, the actions of others
• LEGAL RIGHT
– Is meant that RIGHT TO WHICH THE STATE GIVES ITS
SANCTION (APPROVAL); it is a claim which can be
enforced by legal means against the persons or the
community whose DUTY IS TO RESPECT IT

PATIENT’S BILL OF RIGHTS
• First published by the American Hospital
Association
• A document that is not legally binding but
nonetheless very important in the care of the
patients in all settings.
• Considered professionally binding
• It helps practitioners provide more effective
patient care.

COURT
• COURT
– Is that body in the government to which the PUBLIC
ADMINISTRATION OF JUSTICE IS DELEGATED
• COURT OF LAW
– Is a wide sense, is any DULY CONSTITUTED TRIBUNAL
ADMINISTERING THE LAWS of the state or nation
• COURT OF EQUITY
– Is a court which administers justice and decides
controversies in ACCORDANCE WITH THE RULES,
PRINCIPLES, AND PRECEDENTS OF EQUITY

JURISDICTION & VENUE
• JURISDICTION
– The authority to HEAR AND DECIDE LEGAL
CONTROVERSY
• VENUE
– LOCALITY OR PLACE where the suit should be
heard

REMEDY
• REMEDY
– Means employed to ENFORCE OR REDRESS AN INJURY
• Ordinary Remedy
– Is an ORDINARY ACTION OR SUIT IN A COURT OF JUSTICE, by
which one party prosecutes another for the enforcement or
protection of a right, or the prevention or redress of a wrong,
every other remedy is a special proceeding
• Extraordinary Remedy
– One afforded by law other than the ordinary remedy by action
– Is not granted where there is an adequate remedy in the
ordinary course of law

COMMON EXTRAORDINARY REMEDY
• WRIT OF CERTIORARI
– Writ issued by a superior court directing an inferior
court to send up to the former some pending
proceeding in a cause, before verdict, for review or
trial
– A decision by the Supreme Court to hear an appeal
from a lower court.

• PROHIBITION
– Writ issued by a superior court to an inferior
court to PREVENT THE LATTER FROM EXCEEDING
ITS JURISDICTION
– It is a writ issued by superior court, directed to
the judge and parties of a suit in an inferior court,
COMMANDING THEM TO CEASE FROM THE
PROSECUTION OF THE SUIT, upon a suggestion
that either cause originally, or some collateral
matter arising therein, does not belong to that
jurisdiction but to the cognizance of some other
court

COMMON EXTRAORDINARY REMEDY
• MANDAMUS
– Is issued by a competent court COMPELLING AN
INFERIOR COURT, OFFICER, CORPORATION, OR
PERSON TO PERFORM A SPECIFIED THING OR ACT
WHICH PERTAINS TO IT OR HIS OFFICE OR OFFICIAL
DUTY
– Remedy in cases where the usual and ordinary modes
of proceeding are powerless to afford remedies to
the parties aggrieved, and when without its aids,
there would be failure of justice

• QUO WARRANTO
– IS A WRIT BY WHICH FRANCHISE FROM THE
PERSON OR CORPORATION IN POSSESSION OF IT
– By means of quo warranto, the government can
call upon any person to show by what warrant
(justification) he holds a public office or exercises
a public franchise (special right given by the
government)

• Provisional Remedy
– Is a remedy which is PROVIDED FOR PRESENT
NEED OR FOR IMMEDIATE OCCASION
– Adapted to meet a particular exigency (situation
demanding prompt action or remedy)
• Remedy by Injunction is a common
provisional remedy

PROCESS
• PROCESS
– In law practice, is generally defined as the means of
COMPELLING THE DEFENDANT IN AN ACTION TO
APPEAR IN COURT
• SERVICE PROCESS
– Is the GIVING TO A DEFENDANT OF THAT NOTICE
WHICH MAKES HIM A PARTY TO THE PROCEEDING
and makes it incumbent on him to appear and answer
to the cause (suit), or run the risk of having valid
judgement rendered against him in consequence of
his default

COMMON TYPES OF PROCESS
• WARRANT
– is a WRITING FROM A COMPETENT AUTHORITY IN
PURSUANCE OF LAW, directing the doing of an act, and
addressed to an officer or person competent to do the
act, and affording him protection from damages, if he
does
– presented by an arresting officer
• SEARCH WARRANT
– is an order in writing, in the name of the people or the
State, signed by magistrate (public officer) and directed
to a peace officer, COMMANDING HIM TO SEARCH FOR
PERSONAL PROPERTY AND BRING IT BEFORE THE
MAGISTRATE

COMMON TYPES OF PROCESS
• SUMMON
– is the name of the writ commanding the sheriff or other
authorized officer to NOTIFY A PARTY TO APPEAR IN
COURT TO ANSWER A COMPLAINT MADE AGAINST HIM,
and in said writ specified, on a day therein mentioned
• SUBPOENA
– is the process by which the ATTENDANCE OF A WITNESS is
required; it is a writ or order directed to person
REQUIRING HIS ATTENDANCE AT A PARTICULAR TIME
AND PLACE TO TESTIFY AS A WITNESS

• SUBPOENA DUCES TECUM
– is a subpoena which does not only compel the
personal attendance of a witness in court but also
REQUIRES SUCH WITNESS TO BRING WITH HIM
AND PRODUCE IT
• SUBPOENA AD TESTIFICANDUM
– is an order requiring a person to appear to certain
time and place (before the authority issuing the
order) to GIVE HIS/HER TESTIMONY UPON
CERTAIN MATTER

DUE PROCESS OF LAW
• Is a fair and orderly process which aims to
protect and enforce a person’s right.
• Defined as a laws which HEARS BEFORE IT
CONDEMNS, which proceeds upon injury and
renders judgement only after trial
• Means that every citizen shall hold his life,
liberty, property and immunities under
protection of the general rule which governs
society

Two-fold Aspect of Due Process
1. Substantive
– There must be a valid law allowing the deprivation of
life, liberty or property
– provides the ground for disciplinary action
2. Procedural
(2 fundamental requirements)
a) Notice
b) Hearing

FUNDAMENTAL REQUIREMENTS
OF DUE PROCESS
Provided in Article III Section 14 of the New Constitution stating that, “No
person shall be held to answer for a criminal offense without due
process of law.”
1. The accused is presumed innocent until the contrary is proved.
2. The right to free access to the courts and adequate legal assistance.
3. The right to remain silent to have competent and independent counsel
preferably of his/her own choice. If he/she cannot afford the services of
a counsel, he/she must be provided one.
4. The right to bail and protection against excessive bail
5. The right to presumption of innocence until the contrary is proved
6. The right to be heard by himself/herself and counsel
7. The right to be informed of the nature or the cause of the accusation
against him/her

FUNDAMENTAL REQUIREMENTS
OF DUE PROCESS
8. The right to have a speedy, impartial and public trial
9. The right to meet the witness face to face
10. The right to have a compulsory process to secure the
attention of witnesses face to face and the production of
evidence on his/her behalf
11. The right against self incrimination
12. The right when under investigation for the commission for an
offense, to remain silent and to counsel, and to be informed
of his/her right
13. The right against the use of force, violence, threat,
intimidation, or any other means which vitiates the free will
14. The right against cruel and unusual punishment
15. The right against excessive fines
16. The right against double jeopardy

5 Pillars of Criminal Justice System
1.Community
2.Law enforcement
3.Prosecution Service
4.Court
5.Correctional

1. COMMUNITY
• Refers to institutions, government,
and non-government agencies and
people’s organizations that provide
care and assistance to the victims or
offended party, during and after the
onset of a victims’ rights case.

2. LAW ENFORCEMENT
• It involves government agencies
charged with the enforcement of
penal laws.
• It is primarily responsible for the
investigation and determination
whether an offense has been
committed.

3. PROSECUTION SERVICE
• Mandated to investigate and
prosecute penal violations.
• It collates, evaluates evidence in
the preliminary inquest
investigation and dismisses or
files the case in court as
indicated.

4. COURT
• designated to handle and try
the case and issue judgment
after trial.

5. CORRECTIONAL SYSTEM
• It refers to institutions mandated to
administer both correctional and
rehabilitation programs for the
offenders.
• These programs develop the offenders
or convicts’ abilities and potentials and
facilitate their re-integration into the
community and normal family life.

FUNCTIONS OF LAW IN NURSING
1. Protect public welfare and safety
2. Police power of the state
3. Avoid crimes concerning nurses
4. Prevent negligence and malpractice
5. Settle lawsuits
6. Protection of patients

NURSING LAW/
NURSING PRACTICE ACT
• Act regulating nursing practice;
– Acts protect the nurse’s professional capacity and
legally control nursing practice through licensing
– Legally defines and describes the scope of nursing
practice,
– which the law seeks to regulate, thereby protecting
the public as well;
– sets educational requirements for the nurse,
– distinguish between nursing practice and medical
practice

• NURSING LEGISLATION
– the making of laws, or the body of laws already
affecting the practice of nursing.
• NURSING JURISPRUDENCE
– department of laws which comprise all legal rules
and principles affecting the practice of nursing.
• NURSING ETHICS
– code of conduct of nurses

BASIS OF PHIL. NSG JURISPRUDENCE
• The Philippine Nursing Act of 2002
• The IRR of Philippine Nursing Act of 2002
• The PRC Modernization Act of 200
• The IRR of PRC Modernization Act of 200
• The Code of Ethics of RNs
• CHED Memorandum Orders
• PRC Resolutions and other related laws

Evolution of Nursing Law
• RA 2493: Medical Act of 1915
– Provides registration and examination of nurses
• RA 2808: 1919
– March 1, 1919
– FIRST TRUE NURSING LAW or ORGANIC ACT IN
NURSING
– Created 3 MEMBERS OF BOARD
Chair: Dr. Juan Cabarus
Members: Anastacia Giron-Tupas
Belen Del Rosario

• Function of BOE:
1. Issuance of certificate of registration
2. Revoke certificate of registration
3. Administer exam
4. Examine practice of nursing
• 1920 = FIRST LICENSURE EXAM FOR NURSES
• Amendments RA 2808:
– RA 3025
– RA 3438

• RA 877: THE PHILIPPINE NURSING ACT OF
1953
– By Sen. Geronima T. Pecson
• Amendments to RA 877:
a. RA 4704
b. RA 6136

• RA 4704
a) 5 Board of examiners
b) Member of board appointed by the PRESIDENT with
consent from Commission on Appointments
c) Board must be Master’s degree holder
d) Fixed age limit for a Board member = 65
e) Deans must be Master’s degree in NURSING
f) Minimum age for licensure = lowered to 18
• RA 6136
a. Nurses can give IV meds with DIRECT SUPERVISION
OF DOCTOR

RA 7164: The Philippine Nursing Act of
1991
• Introduced by:
1. Sen. Edgardo Angara
2. Sen. Heherson Alvarez
a) BON members and qualifications = 10 years,
not green card hold
b) Upper 40% for freshmen
c) Refresher course = enrol and pass regular 4th
year subjects
d) Expanded role nurse

e) Provided IV therapy training
f) Date for licensure: not earlier than 1 month
but not later than 2 months after the closing
of each semestral term
g) Age requirement for exam application
deleted
h) Dean qualification = 3 years
i) Faculty qualification = 3 years

RA 9173: The Philippine Nursing Act of
2002
• Authors:
1. Cong. Carlos Padilla
2. Senator Juan Flavier
• HOUSE BILL 1084 (10-15-02)
• SENATE BILL 2292 ( 10-08-02)
• SIGNED INTO LAW OCTOBER 21,2002
• 9 Articles with 41 Sections
• Article I Section 1 – Title:
“Philippine Nursing Act of 2002”

Article II Section 2 – Declaration of Policy
• Policy of the State on Nursing:
assume responsibility for the PROTECTION and
IMPROVEMENT of the nursing profession
• Measures for the Protection and Improvement of
Nursing:
1. Relevant nursing education
2. Human working conditions
3. Better career prospects
4. A dignified existence of Philippine nurses

Article III –
Organization of the Board of Nursing
• Section 3: Creation and Composition
• Board
– group of persons organized for a special responsibility
• Professional Regulatory Board of Nursing
– is that board created by law for the principal (and
special) purpose of regulating the practice of the
profession of nursing in the Philippines
• Composition (7)
– 1 chairperson
– 6 members

Types of Appointment
• Executive Order 496 series of 1991 provides
for the procedures and criteria for selection
1. Regular
2. Ad Interim
3. Hold Over Doctrine (Capacity)

1. Regular
a) Nomination
b) Recommendation
c) Appointment
2. Ad Interim/Temporary
• A board member is appointed in the meantime to fill
in a vacancy or perform the duties of an office during
the absence of the regular incumbent. There is no
definite term of appointment
3. Hold Over Doctrine (Capacity)
– Member of BON is permitted to continue to exercise
the functions of the office after the end of his/her
lawful term until replaced

Article III Section 4: Qualification of
Chairperson and Member of the Board
1. Natural born citizen
2. Resident of the Philippines
3. Member of APO
4. RN
5. Master’s degree holder in Nursing (majority), Education or
other Allied Medical Profession
6. 10 years continuous practice of the profession prior to
appointment (5 years in the Phil)
7. Non conviction of any offense involving moral turpitude
CIVIL SERVICE RULE for QUALIFICATIONS OF BON?
> MERIT and FITNESS

• CITIZEN
– Is one who, under the Constitution and laws of a
particular state, is a member of a political
community, owing allegiance and being entitled to
the enjoyment of full civil rights
• CITIZENSHIP
– Is membership in the said political community and
one who is not a citizen is considered as an alien.

Two Principles widely accepted in
determining citizenship of a person
ACQUISITION OF NATIONALITY BY BIRTH
• Principle of jus soli
– The place of birth of a person determines his
citizenship
• Principle of jus sanguinis
– Citizenship of the parents determines the
citizenship of the child

• NATURALIZATION
– The act of adopting a foreigner and clothing him
with the privileges of a natural citizen
• EXPATRIATION
– Voluntary act of abandoning country and
becoming citizen of others
• REPATRIATION
– Regaining one’s nationality after expatriation

3 areas of Nursing that BON must represent:
1. NURSING EDUCATION
2. NURSING SERVICE
3. COMMUNITY HEALTH NURSING

Article III Section 5: Requirements
upon Qualification as Member of the
Board
• Forbidden/Incompatible offices:
1. COLLEGE OF NURSING
2. REVIEW CENTER
• Immediate resignation from a teaching post
• Immediate resignation from any employment
• Absence of pecuniary interest
• Absence of administrative supervision

Article III Section 6: Term of Office
• Term of Office
– fixed and definite period of time which the law
describes that an officer may hold office
• Tenure of Office
– period during which the incumbent actually hold
office

Article III Section 7: Compensation
• RA 6758: Compensation and Classification Act of
1989
• Based on: principle of “quantum merit”
• Chairperson = compensation equivalent to 2
steps higher than member of the board
• Members = at least 2 salary grades lower than
the salary grade of the Commissioner of PRC

Article III Section 8: Administrative
Supervision, Custodian of Records
and Secretariat and Support
Services

Article iii Section 9:
Power and Duties of the Board
Nature of Power, Duties and Function of the Board
1. MINISTERIAL DUTY
– duty that requires merely its execution
arising from fixed and designed facts.
2. DISCRETIONARY DUTY
– Duties which require the discretion in
determining how or whether the act shall be
done or the course of action shall be pursued
– Vested as means or method he should employ
in discharge of his ministerial duty

• Discretionary Duties
a) Admission of applicants for examination
b) Preparation of exam questions
c) Rating of exam papers
d) Issuance, suspension and revocation of license

FUNCTIONS: Powers and Duties
1. EXECUTIVE
– Administering, enforcing, implementing functions
– Enforcing the provisions of Nursing Act and in seeing to it that
they are faithfully observed
2. QUASI-LEGISLATIVE
– Rule or policy making function
– Promulgating rules to set professional standards and prescribe
the course for the practice of nursing, and in adopting
regulations necessary to carry out the provisions of the nursing
act
3. QUASI-JUDICIAL
– Investigating, determining and decisions and hearing functions
– Conduct hearings and investigations of complaints of
malpractice and of unethical conduct or unprofessional conduct
of nurse practitioners

Powers and Duties of BON
• SUPERVISE AND REGULATE NURSING PRACTICE
• Conduct NLE
• Promulgate Code of Ethics for Nurses with APO
• Issue, suspend, revoke COR
• Monitor and enforce nursing quality standards
• Conduct hearing and investigations
• Ensure quality nursing education
• Recognize nursing speciality organization with APO
• Prescribe, adopt, issue and promulgate IRR and other
guideline for improvement of nursing
• Issue subpoenas and summons and other processes

Board of Nursing……….
What are ADMINISTRATIVE POWERS AND DUTIES
of the BON?:
R-EGULATE NURSING PRACTICE
a. C-ONDUCT LICENSURE EXAMINATIONS
b. I- SSUE, SUSPEND,REVOKE COR
c. M- ONITOR AND ENFORCE QUALITY STANDARDS
d. E-NSURE QUALITY NURSING EDUCATION
( RECOMMENDATORY)
e. R-ECOGNIZE NURSING SPECIALTY ORGANIZATIONS
(WITH APO=PNA)

BOARD OF NURSING……..
What are the QUASI-JUDICIAL POWERS AND DUTIES
of BON?:
a) C-ONDUCT HEARINGS AND INVESTIGATIONS
(ADMINISTRATIVE CASE)
a) I-SSUE SUBPOENA AD TESTIFICANDUM,SUBPOENA
DUCES TECUM,SUMMONS AND OTHER PROCESSES
---------------------------------------------------------------------
What are the QUASI-LEGISLATIVE POWERS of the
BON?:
a) P-ROMULGATE CODE OF ETHICS WITH APO = PNA
b) P-RESCRIBE,ADOPT ,ISSUE AND PROMULGATE IRR
AND OTHER GUIDELINES FOR IMPROVEMENT OF
NURSING.

5 Pillars of BON
1. Nursing education
2. Nursing service
3. Licensure and oath taking
4. Ethics, legal concerns and legislations
5. Local and international linkages

Article iii Section 10: Annual Report
PRESIDENT
PRC
BON

Article III Section 11: Removal and
Suspension of Board Members
• Legal grounds:
1. Continued neglect of duty or incompetence
2. Commission or toleration of irregularities in
the NLE
3. Conduct that is unprofessional, immoral and
dishonorable

Article IV –
Examination and Registration

Article IV Section 12: Licensure
Examination
• New Label: The PNLE
• In accordance with PRC Modernization Act
• Power to Conduct
– BON
• Power to Designated Dates and Place of
Examination
– PRC
• General Rule:
– All applicants for license to practice nursing in the Philippines
MUST PASS the PNLE

• LICENSURE:
1. EXAMINATION
2. SPECIAL OR TEMPORARY PERMIT
3. RECIPROCITY OR ENDORSEMENT

Article IV Section 13: Qualifications for
Admission to the Licensure Exam
1. Citizen of the Philippines
2. Good moral character
3. BSN
• (The rest are PRC requirements)

Article IV Section 14:
Scope of Examination
• Factors for determining the Scope of
Examination:
1. Objectives of nursing curriculum
2. The broad areas of nursing
3. Other related disciplines and competencies
in determining the subjects of examinations

Article IV Section 15: Ratings
Passed
Conditioned
Failed
• No refresher course
• No limitations in the Board attempt
• Removal must be taken within 2 year period
after last examination failed
• Rating for removal is 75%

Article IV Section 16: Oath
• Oath of Office - requirement prior to entering
nursing practice
• Who can administer oath?
1. BON
2. PRC official
3. Any government official authorized to
administer oaths

Article IV Section 17: Issuance of
COR/Professional License and
Professional Identification Card
• REGISTRATION
– is the recording of names of persons who have
qualified under the law to practice their respective
profession
• LICENSE
– is a legal document given by the government that
permits a person to offer to the public his/her skills
and knowledge in a particular jurisdiction, where such
practice would otherwise be unlawful without it

LICENSE:
> PRIVILEGE TO PRACTICE
> CAN BE REVOKED AND SUSPENDED UNDER
RA 9173
• PRACTICE OF NURSING IS PRIVILEGE NOT A RIGHT
FOR IT IS GIVEN ONLY TO QUALIFIED INDIVIDUALS
AND PRACTICE IS REGULATED BY BOARD OF
NURSING
• LICENSED TO PRACTICE BY STATE

• Documents Issued to Successful Examinees
1. Certificate of Registration/ Professional
License
2. Professional Identification Card

• CONTENTS OF CERTIFICATE OF REGISTRATION
a. full name of registrant
b. serial number of board certificate
c. signature of PRC chairperson
d. signature of members of BON
e. official seal of PRC
f. official seal of BON

• CONTENTS OF PROFESSIONAL ID
a) signature of PRC chairperson
b) date of registration
c) license number
d) date of issuance of said license or card
e) date of expiration of license/card

Article III Section 19:
Automatic Registration
IPSO FACTO

Registration by Reciprocity
• RECIPROCITY
– means mutuality in the grant and enjoyment of
privileges between persons or nations
– based on the principle of “DO UT DES”
• For a country to expect favor from another, it should
be willing to give a corresponding favor.

• “Do ut des”
• “Do ut facias”
• “Facias ut des”
• “Facias ut facias”

Conditions for Registration by
Reciprocity
a) RN (country of origin)
b) License not revoked or suspended
c) Requirements substantially the same for
licensure and registration of said foreign state
d) Law of said foreign country allow Filipino
citizens to practice nursing on the same basis as
its subjects
e) Laws of the said foreign state grant the same
privileges to RNs of the Philippines

Article IV Section 21: Practice through
Special /Temporary Permit
• Special or Temporary Permit
– is a permit that may be granted by the BON to a
licensed nurse from foreign state allowing him/her
to engage in a special or temporary practice of
nursing in the Philippines without need of passing
first the nurse licensure examination

Who may be issued special or
temporary permit to practice?
1. International well-known specialist or an
outstanding expert (free or fee)
2. Medical nurses (free)
3. Exchange professor
• Permit effective only for the duration of
project, medical mission or employment
contract

Article IV Section 22: Non-
registration and Non-issuance of
COR or Special/Temporary Permit
1. Convicted by final judgment of a criminal
offense involving moral turpitude
2. Guilty of immoral or dishonorable conduct
3. Declared by court to be of unsound mind

• Duty of the BON upon Denying Registration
and Issuance of Certificate, License or Permit:
1. Furnish applicant (denied) a written statement
2. Stated in the written statement the reason for it
actions of denial of issuance
3. Incorporation of the written statement in the
records of the BON

RENEWAL OF NURSES LICENSE
• Every 3 YEARS
• PRC Res. Number 2004-179 s. 2004
– Standardizes Guidelines and Procedures for the
Implementation of the Continuing Professional Education
for Professionals
• CPE - refers to the inculcation, assimilation and
acquisition of knowledge, skills, proficiency and ethical
and moral values, after the initial registration of a
professional, that raise and enhance the professional’s
technical skills and competence.
– Total CPE = 60 credits for 3 years for registered
professionals with a Baccalaureate Degree

Revocation and Suspension of
COR/Professional License and
Cancellation of Special or
Temporary Permit

• SUSPENSION
– means temporary stop, interruption or cessation
of practicing nursing until final judgment of the
case is rendered
• REVOCATION
– the withdrawal or recall of some power, authority,
or things granted; it is the total repeal or
cancellation of something that exists
• CANCELLATION
– means destruction of the force, effectiveness or
validity

Grounds for Suspension and Revocation
1. Conviction by final judgment of any criminal offense
involving moral turpitude
2. Immoral and dishonorable conduct
3. Unsoundness of mind declared by the court
4. Unprofessional and unethical conduct
5. Gross incompetence or serious ignorance
6. Malpractice or negligence
7. Use of fraud, deceit or false statements to obtain
license
8. Violation of RA 9173, IRR, Code of Ethics, etc
9. Practice while on suspension
• Suspension shall not be more than 4 years

FRAUDULENT MISREPRESENTATION
– The deception may involve issuing statements that
are known to be untrue, or to deliberately omit
relevant facts or information that ultimately lead
to some type of loss.

Re-issuance of Revoked Certificates
or Replacement of Lost Certificates
1. Proper application to BON
2. After expiration of a maximum of 4 years
from the date of revocation of a
certificate
3. Cause disappeared, cured or corrected
4. Reason of equity and justice
5. Required fees paid

Replacement of Lost Certificates
• A new COR/professional license to replace the
certificate that has been lost, destroyed or
mutilated may be issued, subject to the rules
of the Board.

Article V – Nursing Education
Section 25: Nursing Education Program
• Nursing Education Program should:
Provide SOUND GENERAL and PROFESSIONAL
FOUNDATION for the practice of nursing
• CHED – provides policies and standard for
Nursing Education

Article V Section 26: Requirement for
Inactive Nurses Returning to Practice
• Inactive Nurse
– has not actively practiced the nursing profession
– 5 YEARS
• Requirement
– Didactic = 1 MONTH
– Practicum = 3 MONTH
• Where?
– Board Accredited Hospitals to Conduct Training
Programs

Article III Section 27:
Qualifications of Faculty
a) RN in the Philippines
b) 1 years experience (field of specialization)
c) Member of APO
d) BSN
e) Master’s degree in Nursing, Education or
other allied Medical and Health Science

Qualification of Deans
• RN
• 5 years experience in teaching and supervision
• Master’s degree in Nursing
• Member of APO

Article VI – Nursing Practice
Section 28: Scope of Nursing Practice
• When is a Person Deemed to be Practicing Nursing?
– SINGLY
– IN COLLABORATION WITH ANOTHER
• What Nursing Practice Includes?
– Nursing care from CONCEPTION – OLD AGE
• Independent Nurse Practitioner
– singly initiates and performs nursing services to
individuals, families and communities in ANY HEALTH
CARE SETTING

• Primary responsibility of independent nurse
practitioner:
1. HEALTH PROMOTION
2. DISEASE PREVENTION
• Responsibility of Health Team Member Nurse
1. CURATIVE, PREVENTIVE, REHABILITATIVE
2. RESTORATION OF HEALTH
3. ALLEVIATION OF SUFFERING
4. TOWARDS PEACEFUL DEATH

• Duty of the in providing care
– Utilize NURSING PROCESS
• Nursing Care Includes:
a. Traditional and innovative approaches
b. Therapeutic use of self
c. Executing health care techniques and procedures
d. Essential primary health care
e. Comfort measures
f. Health teachings
g. Administration of written prescription for: treatment,
therapies, oral, topical and parenteral medication
h. Internal Examination during labor in the absence of
antenatal bleeding
i. Delivery
j. Suturing of perineal lacerations

• Duty of nurse to establish
– Linkages = COMMUNITY
– Coordination = HEALTH TEAM
• Duty to provide Health Education to:
a. INDIVIDUAL
b. FAMILIES
c. COMMUNITIES
• Duty to teach, guide and supervise nursing students
• Duty to undertake consultation services

• Duty to engage in activities requiring knowledge
and skills
• Duty to undertake RESEARCH and TRAINING
• Duties while in the Practice of Nursing in all
setting:
a. Observe Code of ethics
b. Uphold standard of safe nursing practice
c. Maintain competence = continual learning through
CPE

Article VI Section 29: Qualifications of
Nursing Service Administrators
• Qualification of Head Nurse/Supervisor/Chief
Nurse of Primary Hospital
a) RN
b) BSN
c) 2 years experience in general nursing service
administration
d) 9 units in graduate level in management and
administration
e) APO member

• Qualification of Chief Nurse or Director of
Nursing Service:
a. RN
b. 5 years experience in supervisory or managerial position
c. APO member
d. Master’s degree in Nursing
• Public agencies: MN major in CHN or PH
• Military hospital: completion of GSC
• 5 years grace period given to those who occupy the
positions but are not qualified

Citizenship Education Experienc
e
APO Others
BON
Chairman
Natural Born
Master's degree in
Nursing
10 Years PNA
Non-
conviction
BON
Members
x
Masters’s degree in
Nursing or Allied
Health Professions
10 years PNA x
Dean/Chief
Nurse
x
Nursing
5 years PNA x
Faculty X
Nursing or Allied
Health Professions
1 year PNA x
Head
Nurse/
Supervisor
x 9 units 2 years PNA x

Article VII – Health Human Resource
Production, Utilization, and Development
Section 30: Studies for Nursing Manpower
Needs, Production, Utilization and
Development
• Studies conducted by = BON
• Coordination with
– APO
– GO
– Private agencies

Article VII Section 31: Comprehensive
Specialty Certification Council
• Developed by = BON
– APO
– Recognized Specialty Organization
– DOH
• Upgrade level of skill and competence of SPECIALTY
NURSE CLINICIAN
• Areas on specialty: critical care, oncology, renal,
and other areas determined by BON
• Beneficiaries require to served any Philippine
hospital = 2 YEARS

Credentialing
• The process of determining and maintaining
competence in practice;
1. Licensure - This is a process that the state uses
determine candidate met certain minimum
requirements
2. Accreditation - This is how education programs are
evaluated and recognized as having met certain
standards
3. Certification - This is a process that person who has
met criteria is granted recognition and specified
practice area

CERTIFICATION
• Process of validating the qualifications of NC
or CNS
• Is the process of validating that a nurse has
met the minimum standards for nursing
competence.
• Usually provided by government agency of
professional organization.

SPECIALTY CERTIFICATION
• Process - whereby qualified agents, based on a variety
of measures and assessment strategies, confirm or
attest that individual nurses who underwent training
and instruction for advanced nursing practice in
specialized nursing services meet minimum standards
set at specified times.
• Mechanism - used to validate achievement of a level of
clinical specialty of functional expertise and
competence that goes beyond the level of basic
licensure.
• Act - of a competent authority, embodied in a
document certifying that one has fulfilled the
requirements of and may practice in a particular level
and field of specialization.

Premises and Justifications
1. The increasing emphasis on the climate for
specialization
2. The emergence of the concept of globalization
3. Response to increasing demands of developments
4. Adoption of a system of incentives and benefits
5. Current trend of specialization in nursing practice
recognized by the International Council of Nurses
(ICN)
6. The need for a framework of the program, and
detailing the mechanics, guidelines, and procedures
for its implementation.

Specialty Certification Groups
1. CHN Specialty (Focus: Family/Community/High
risk)
2. MSN Specialty (Focus: Cardiovascular, Pulmonary,
Neurology, Gerontology, Critical Care Nursing,
Nephrology, etc)
3. MCN Specialty (Focus: Newborn, Child,
Reproductive Stage, High-risk)
4. Mental Health and Psychiatric Nursing Specialty
(Focus: Varied Age Group)

LEGAL BASIS FOR CERTIFICATION
• RA 7164 - Philippine Nursing Act of 1991
– Board of nursing to adopt measures, necessary for
improvement and advancement of nursing
profession
• BON RESOLUTION 14, SERIES 1999
– Adoption of nursing specialty certification program
and creation of nursing specialty certification
council
• RA 9173- Philippine Nursing Act of 2002
– Creation of comprehensive specialty program

NSCC Officers
1. Chairman
2. Vice chairman
3. Secretary
4. Treasurer
5. Business Manager

CERTIFICATION
CRITERIA
LEVEL I
NURSE
CLINICIAN I
LEVEL II
NURSE
CLINICIAN II
LEVEL III
NURSE
CLINICIAN III
A. Education >BSN,RN
>12 UNITS IN
MASTERS
>POSTGRADUA
TE COURSE 60
HOURS
BSN,RN
CAR IN
MASTERS
120
CONTACT
HOURS
BSN,RN
MASTERS
DEGREE IN
NURSING
150
CONTACT
HOURS

CERTIFICATION
CRITERIA
LEVEL I
NURSE
CLINICIAN I
LEVEL II
NURSE
CLINICIAN II
LEVEL III
NURSE
CLINICIAN III
B.
EXPERIENCE
3 YEARS in
accredited
institution with
minimum bed
capacity of 100
patients within
last 5 years
5 years
experience
same in
level 1
10 years
experience,200
bed capacity
areas of
administration ,
clinical practice,
research or
community

CERTIFICATION
CRITERIA
LEVEL I
NURSE
CLINICIAN I
LEVEL II
NURSE
CLINICIAN II
LEVEL III
NURSE
CLINICIAN III
C.
PERFORMANCE VERY
SATISFACTORY
VERY
SATISFACTORY
OUTSTANDING

CERTIFICATION
CRITERIA
LEVEL I
NURSE
CLINICIAN I
LEVEL II
NURSE
CLINICIAN II
LEVEL III
NURSE
CLINICIAN III
D.
RESEARCH
RESEARCH
PROTOCOL
MONITORED
RESEARCH
INDIVIDUAL
RESEARCH

RECERTIFICATION
• The re-evaluation or evaluation whether the
certified nurse meets the required
professional development and growth
– Every five years shall be based on successful
completion of examination and continuing
education
– Continuing education may be met by in-service,
grand rounds, academic credits by CCPEN and
other related programs

Article VII Section 32: Salary
• Nurses working in public health institutions
not lower than SG 15
• Prescribed by:
– RA 6758
– RA 7160
– RA 7305

Article Vii Section 33: Funding for the
Comprehensive Nursing Specialty
Program
• 10% OF MANPOWER or nursing staff of
participating government hospitals must be
trained
• PCSO and PAGCOR share cost for training
• DOH
– Released annual fund
– Select criteria for availment of program

Article VII Section 34:
Incentives and Benefits
• Incentive and benefit system for nurses established by
= BON
– DOH
– Other concerned government agencies
– Association of hospitals
– APO
• Forms of benefits: free hospital care for nurses and
dependents, scholarship grants, other non-cash
benefits
• Standard Nurse-Patient Ratio set by: DOH

Article VIII: Penal and Miscellaneous Provisions
Section 35: Prohibitions in the Practice of
Nursing
• Penal Provisions: Sec 35 enumerates certain acts
that are declared CRIMINAL
• Impossible penalties:
a. Fine: 50-100 THOUSAND PESOS
b. Imprisonment: 1-6 YEARS
c. Both
• Only a COURT of law may validly find and declare
a person guilty
• Acts punishable: offenses, misdemeanour,
fraudulent misrepresentation

a. Practicing nursing without license
b. Using others license to practice nursing
c. Using invalid COR, suspended or revoked license
or expired or cancelled special permit
d. Giving false evidence to BON to obtain license
e. Falsely posing or advertising as an RN
f. Appending BSN/RN without having been
conferred
g. Abetting or assisting the illegal practice of a
person who is not licensed to practice nursing

Prohibitions in the Practice of Nursing
h. Any person or chief executive officer of a judicial
entity who undertake in-service educational
programs or who conduct review classes for
both local and foreign examination without
permit/clearance from the BON
i. Any person or employer of nurses who violate
the minimum base pay of nurses and the
incentives and benefits
j. Any person or chief executive officer of a judicial
entity violating any provision of RA 9173 and its
IRR

Article IX: Final Provisions
Section 36: Enforcement of this Act
• Primary duty to implement:
a. PRC
b. BON
c. Duly Constituted officers of the law
d. Government authorities (National to Local)

Article IX Section 37: Appropriations
• Chairperson of PRC to include in the
PRC’s program the implementation of RA9173
and issue rules and regulations as may be
necessary to implement the act

Article IX Section 38: Rules and
Regulations
• IRR formulate by: BON
• Within 90 days after effectivity of act
– APO
– DOH
– Department of Budget and Managament
– other concerned government agencies
• Publication required for IRR in Official Gazette or
any newspaper of general circulation

Article IX Section 39: Separability
Clause
• If any of the part of the Act is declared
unconstitutional, the remaining parts not affected
thereby shall continue to be valid and operational

Article IX Section 40: Repealing Clause
• REPEAL
– means the abrogation or annulling of previously
existing laws by the enactment of a subsequent
law
• What laws are repealed?
– RA 7164 and all laws other than 7164, decrees,
orders, circulars, issuances, rules and regulation or
parts thereof, that are INCONSISTENT with RA
9173

Article IX Section 41: Effectivity
• Act shall take effect 15 days upon its publication in
the Official Gazatte or any 2 newspapers of general
circulation in the Philippines

CRIMINAL LAW
• Branch of law which defines crimes, treats of
their nature, and provides for their
punishment.
• CRIME
– is an ACT OR OMISSION that is punishable by law

Three Characteristics of Philippine
Criminal Law
• Generality
– BINDING ON ALL PERSONS
• Territoriality
– PUNISHES CRIMES COMMITTED WITHIN
PHILIPPINES
• Prospectivity
– PUNISHES ONLY THOSE CRIMES COMMITTED
DURING (AND NOT BEFORE) THEIR EFFECTIVITY

Two Sources of Philippine Criminal Law
• REVISED PENAL CODE OF THE PHILIPPINES
and its amendments
• SPECIAL LAWS
– laws passed by the legislature of the republic of
the Philippines, that are penal in nature,
– not included to the Revised Penal Code of the
Philippines;

Two Kinds of Crimes According to The
Law Punishing Them
• FELONIES = REVISED PENAL CODE
• OFFENSES = SPECIAL LAW

• MISDEMEANOR
– Is an offense of less serious nature and is usually
punishable by a fine or short-term jail sentence
– Used to express every OFFENSE INFERIOR TO
FELONY, PUNISHABLE BY INDICTMENT OR BY
PARTICULAR PRESCRIBED PROCEEDINGS
– Term applied to all those crimes and offenses for
which the law has not provided a particular nature
• INFRACTION
– VIOLATION
– Punishable by city or municipal ordinance

FELONIES
• Crimes punished by the Revised Penal Code of
the Philippines

Three (3) essential elements
1. There must be an act or an omission
2. The act or omission must be punishable by the
Revised Penal Code of the Philippines
3. The act or omission is incurred by means of either
DECEIT (MALICE) OR FAULT

• DECEIT/MALICE
– “DOLO” OR CRIMINAL INTENT
– Requisites:
1. FREEDOM
2. INTELLIGENCE
3. INTENT
• Refers to the criminal intent the
DELIBERATE INTENT TO DO an
injury to another, his property or
his right
• FAULT
– “CULPA”
– Requisites:
1. FREEDOM
2. INTELLIGENCE
3. IMPRUDENCE OR NEGLIGENCE
• IMPRUDENCE: indicates a
DEFICIENCY OF ACTION and
usually involve LACK OF SKILL
• NEGLIGENCE: indicates
DEFICIENCY OF PERCEPTION
and usually involves LACK OF
FORESIGHT

Two Kinds of Felonies According to the
Manner of Commission
• INTENTIONAL FELONIES = CRIMINAL INTENT
• CULPABLE FELONIES = FAULT

Two Kinds of Felonies According to
nature
• MALA IN SE= NATURE OF ACT
• MALA PROHIBITA= PUNISHED BY LAW

Three Kinds of Felonies According to
the Stages of Act of Execution
1. ATTEMPTED
2. FRUSTRATED
3. CONSUMMATED

• ATTEMPTED = NOT ALL ACTS OF EXECUTION
WERE PRESENT/PURPOSE NOT
ACCOMPLISHED
• FRUSTRATED = ALL EXECUTORY ACTS
PRESENT BUT FAILED TO ACCOMPLISH
PURPOSE
• CONSUMMATED =ALL ELEMENTS PRESENT
/PURPOSE WAS ACCOMPLISHED

Three Kinds of Felony According to
Their Gravity
• GRAVE FELONIES
– are those which the law punishes with capital punishment or
with any of the afflictive penalties
1. CAPITAL PUNISHMENT: death penalty
2. AFFLICTIVE PENALTIES
a) Reclusion Perpetua: an imprisonment of 20 years to 1
day to 40 years
b) Reclusion Temporal: an imprisonment of 12 years to
1 day to 20 years
c) Prison Mayor: an imprisonment of 6 years and 1 day
to 12 years

• LESS GRAVE FELONIES
– are those which the punishes with any of the correctional
penalties
1. PRISON CORRECTIONAL: an imprisonment of 6
months and 1 day to 6 years
2. ARRESTO MAYOR: an imprisonment of 1 month
and 1 day to 6 months

• LIGHT FELONIES
– are those which are punished by law with arresto menor or
with a fine no exceeding (Php 200) or both such
imprisonment and fine
1. ARRESTO MENOR: light penalty which consist of
an imprisonment or deprivation of freedom from
1 day to 30 days

grave Capital
punishment or
>6yrs & 1 day
above P6k
Less grave 1 month and 1
day to 6 years
not > P 6 K
but not
<P200
Light felony 1 day to 30
days
fine not >
P 200

Persons who are Criminally Liable for
Felonies
1. PRINCIPAL
a) By direct participation
b) By inducement
c) Indispensible cooperation
2. ACCOMPLICE
3. ACCESSORY
• GRAVE and LESS GRAVE = PRINCIPAL,
ACCOMPLICE & ACCESSORY
• LIGHT = PRINCIPAL & ACCOMPLICE

• Principals by Direct Participation
– Are those who take direct part in the execution
– Two or more persons and there is a CONSPIRACY
and took part in executing their criminal design
• Conspiracy
– when two or more persons come into agreement
concerning the commission of a felony and
decide to it

• Principals by Induction:
– those who directly FORCE or INDUCE others
to commit the felony
– Two ways of directly forcing another person
to commit a felony:
1. By using irresistible force
2. By causing uncontrollable fear
– Two ways of directly inducing another to
commit a felony:
1. By giving price or offering reward or promise
2. By using words of command
– Example: Nurse who induces one to inject
drugs to the patient

• Principals by Indispensable Cooperation
– Are those who COOPERATE IN THE
COMMISSION of the felony by another act
without which it would not have been
accomplished
– For a person to become a principal by
indispensable cooperation, it is necessary that:
• A conspiracy exists between him and the principal
• He cooperates in the commission of the felony by
performing another act, that is, an act different
from the act of the principal by direct participation
• His cooperation must be indispensable, that is,
without it, the commission of the felony would not
have been accomplished

• ACCOMPLICE
– Those persons who are not principals but who
cooperate in the execution of the felony by
PREVIOUS OR SIMULTANEOUS ACTS
– “ accessory before the fact”-
– Participation and cooperation not necessary to
consummate the crime

• For a person to be considered an accomplice, it is
required:
– That there is community of design (This means that,
knowing the criminal design of the principal by direct
participation, he concurs with the latter in his
purpose)
– That he cooperates in the execution of the offense by
previous or simultaneous act (with the intention of
supplying material or moral aid in the execution of the
crime in an efficacious way)
– That there is a relation between his acts and those
done by the principal
• Example: Nurse who recommends to abortionist;
Nurse who recommends ways to abortion

• ACCESSORIES
– Those who, having the knowledge of the
commission of the felony, and without having
participated therein (either as principals or
accomplices), take part AFTER the felony was
committed
– “ accessory after the fact”

Specific acts of Accessories:
a. By profiting himself by the effect of the felony
b. By assisting the offender to profit by the effects of
the felony
c. By concealing or destroying the body of the crime, or
the effects or instruments thereof, in order to
prevent its discovery
d. By harboring, concealing or assisting in the escape of
the principal who is guilty of treason, parricide,
murder or on an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some
other crime
e. If he is a public officer, by harboring, concealing, or
assisting in the escape of the principal who is guilty
of any felony, provided he (the accessory) acts with
abuse of his public function

Profits
Conceals/ destroys evidence
Assists in the escape of the
principal

• Accessories Exempted From Criminal Liability
– An accessory is exempted from criminal liability
when the principal of the felony is his or her
spouse, ascendant, descendant, brother, sister, or
relative by affinity within same degree
– However, this exemption does not apply if the
accessory profited by the effects of the felony or it
has assisted the principal to profit by the effects of
the felony

SAMPLE SCENARIO
• Anna is 4 months pregnant and her boyfriend
Ben decided that she must have an abortion.
Ben sought the help of Cathy who brought
Ben and Anna to Doc Dy, an abortionist. After
Ben paid the price he demanded, Doc Dy, with
the help of his assistant Emily, performed the
abortion on Anna (although without A’s
consent). After the fetus was expelled, Franz,
a helper in the clinic of Doc Dy, buried it to
prevent the discovery of the crime.

• Boy as a principal by induction
• Cathy as an accomplice
• Doc Dy as a principal by direct participation
• Emily as a principal by indispensable
cooperation
• Franz as an accessory

CIRCUMSTANCES Affecting Criminal
Liability : J-E-M-A-A
• JUSTIFYING AND EXEMPTING = NO CRIME
COMMITTED
• MITIGATING=LESSEN/REDUCE/PALLIATE THE PENALTY
• AGGRAVATING =INCREASES PENALTY
• ALTERNATIVE=EITHER MITIGATING OR AGRAVATING
DEPENDING UPON CIRCUMSTANCES

Circumstances Affecting Criminal
Liability
• JUSTIFYING CIRCUMSTANCES:
– those circumstances which make the act of a
person to be legal and not criminal, so that he is
deemed not to have violated the law and is free
from both criminal and civil liability.
– When there is a justifying circumstance, NO
CRIME EXISTS, consequently, NO CRIMINAL AND
CIVIL LIABILITY

a) Self defense
b) Defense of relatives
c) Defense of strangers
d) Avoidance of greater evil or injury
e) Fulfillment of duty or lawful exercise of right
or office
f) Obedience to a lawful order

• EXEMPTING CIRCUMSTANCES
– those circumstances which make the act of a
person to be LACKING IN ANY OF THE
CONDITIONS THAT WOULD MAKE IT
INTENTIONAL OR CULPABLE
– When there is an exempting circumstance, the
actor (or perpetrator of the act) is EXEMPT FROM
CRIMINAL LIABILITY

a) Imbecility or Insanity
b) Being 9 years or less of age
c) Being over 9 and under 15 years of age
d) Accident
e) Irresistible force
f) Uncontrollable fear
g) Insuperable causes

• Insane/imbecile
• Performance of a lawful act causes injury by
mere accident
• Under 9 y/o
• Under compulsion of uncontrollable force
• Under impulse of uncontrollable fear
• Failure to perform an act required by law
when prevented by some lawful cause

• MITIGATING CIRCUMSTANCES:
– those circumstances which, if present in the
commission of the felony, do not entirely free the
actor from criminal liability but serve only to
REDUCE PENALTY
– Incomplete justifying or exempting circumstance

a) Being under 18 or over 70 years of age
b) No intention to commit so grave a wrong
c) Provocation or threat
d) Vindication of a grave offense
e) Passion or obfuscation
f) Surrender or confession of guilt
g) Physical defect
h) Illness of the offender
i) Similar and analogous circumstance
j) Extreme poverty and necessity

• Under 18y/o or over 70 y/o
• No intention to commit so grave a wrong
• Sufficient provocation/threat preceding the act
• Immediate vindication of a grave offense
• Voluntary surrender
• Deaf & dumb/ with physical defect
• Suffer from such illness that diminishes
willpower

• AGGRAVATING CIRCUMSTANCES
– those circumstances which, if present in the
commission of the felony, serve to INCREASE THE
PENALTY
(without exceeding the maximum of the penalty
provided by the law for felony)

a) Taking advantage of a public position
b) Contempt or insult to public authorities
c) Disregard of rank, age, or sex
d) Dwelling of the offended party
e) Abuse of confidence
f) Obvious ungratefulness
g) Palace of the Chief Executive
h) The presence of the Chief Executive
i) Where public authorities it the discharge of their
duties
j) Place dedicated to religious worship
k) Night time

l) Uninhabited place
m) On the Occasion or
Calamity or Misfortune
n) With the Aid of Armed
man
o) Recidivism
p) Habituality
q) Price, Reward or
Promise
r) Inundation, Fire,
Poision, Explosion
s) Evident premediation
t) Craft, fraud, disguise
u) Superior strength
v) Means to weaken
defense
w) Treachery
x) Ignominy
y) Unlawful entry
z) Breaking of wall, etc
aa) With aid of minors or
by means of motor
vehicles
bb)Cruelty

• Treachery/taking advantage of superior
strength or position
• Price, reward, promise
• Use of fire, poison, explosion
• Calamities
• Craft, fraud or disguise employed
• Evident Premeditation
• Cruelty

• ALTERNATIVE CIRCUMSTANCES
– those circumstances which must be CONSIDERED
EITHER AS AGGRAVATING OR MITIGATING
depending upon the nature and effects of the
felony and the other conditions attending its
commission

R -----relationship
I -----intoxication
T -----training
E -----education

• Relationship
– Is mitigating
• in crimes against property such as robbery or
arson
– Is aggravating
• in crimes against if the offended party is a
relative of higher degree than the offender or
when the offender and offended party are of the
same levels such as rape, murder, homicide, or
serious physical injuries
• in crimes against chastity such as Acts of
Lasciviousness

• Intoxication
– Is mitigating
• If not habitual
• If it is not intentional (or subsequent to the plan to
commit felony)
– Is aggravating
• If habitual
• If intentional

• Degrees of Instruction and Education
– Low degree generally mitigating except in crimes
of property and chastity
– High degree aggravating if the offender availed
himself of learning
• Lack of education is not mitigating in RAPE,
FORCIBLE ABDUCTION, ARSON

CATEGORIES OF CRIME
• CRIMES THAT NURSES MAY COMMIT:
1. AGAINST PERSONS
2. AGAINST PERSONAL LIBERTY
3. AGAINST PROPERTY
4. AGAINST CHASTITY
5. AGAINST CIVIL STATUS OF A PERSON
6. AGAINST HONOR
7. CRIMINAL NEGLIGENCE

Some Crimes Against Persons
• PARRICIDE
– Unlawful killing by a person of “HIS FATHER,
MOTHER OR CHILD”
– WHETHER LEGITIMATE OR ILLEGITIMATE or any
of his ascendants or descendants or his spouse
– Penalty: Reclusion perpetua to death

• MURDER
– UNLAWFUL KILLING BY ANOTHER PERSON OF
ANOTHER WITH INTENT TO KILL, which killing is not
Parricide and which is committed by any of the
qualifying circumstances
. Qualifying circumstances:
a. treachery f. cruelty
b. price,reward,promise g. outraging victim
c. inundation,fire,poison or corpse
d. earthquake,epidemic,calamity etc.
e. evident premeditation
– Penalty: Reclusion perpetua to death

• HOMICIDE
– UNLAWFUL KILLING BY A PERSON OF ANOTHER,
which killing is not Parricide and which is
committed without the attendance of any of the
circumstances that qualifies it to murder
– Penalty: Reclusion temporal

• GIVING ASSISTANCE TO SUICIDE
– Is giving a person of means or of whatever
MANNER OF POSITIVE AND DIRECT
COOPERATION TO ANOTHER WHO WISH TO
END HIS LIFE
– Penalty:
• If he does not do the killing himself, Prison mayor
• If he does the killing himself, Reclusion Temporal
• If the suicide is not consummated, Arresto mayor
in its medium and maximum

• INFANTICIDE
– Unlawful killing by a person of ANY CHILD LESS THAN
3 DAYS OF AGE
– Penalties
• If the offender is related to the victim with the degree of
relationship indicated in Parricide, penalty is the same
• If the offender is a stranger, then that corresponding to
Murder
• If the offense was committed by the mother for the purpose
of concealing her dishonour, then the penalty is Prison
Correctional
• If committed by the maternal grandparents for the same
purpose, then the penalty is prison mayor

• ABORTION
– Expulsion of the fetus from the womb before it is CAPABLE
OF SUSTAINING LIFE (OUTSIDE THE WOMB), which
expulsion results in its death
• Intentional Abortion: kind of abortion which is
intentionally caused by the offender. It is punished by
the following:
– Reclusion temporal, if the offender used violence without
her consent
– Prison mayor, if without violence, he acted without
consent
– Prison correctional, in its medium and maximum periods, if
she should have consented

• Unintentional Abortion: abortion committed by a
person who, without intending the abortion, however
voluntarily employ physical violence upon a pregnant
woman, which violence causes her to abort
– Penalty: Prison correction in its minimum and maximum
periods
• Abortion Practiced by the Woman Upon Herself or
with her Consent
– Penalty: Prison correctional in its medium and maximum
periods
– If with the purpose of concealing her dishonour, prison
correctional in its minimum and medium periods

• Abortion Practiced by the Parents of the
Woman with Her Consent
– Penalty: Prison correctional in its medium and
maximum periods
• Abortion Practiced by the Physician Or
Midwife
– Penalty: same as intentional abortion

• Dispensing Abortives
– Unlawful dispensing of a pharmacist WITHOUT
PROPER PRESCRIPTION FROM A PHYSICIAN
– Penalty: Arresto Mayor and a fine of Php 1,000)
• Mutilation
– Commited by any person who shall
INTENTIONALLY MUTILATE ANOTHER by
depriving him, either totally or partially, of some
essential organs of reproduction

• PHYSICAL INJURIES
a) Serious Physical Injuries: is the crime committed by a
person who wounds, beats, or assaults another, if the
physical injuries result, among others, (and generally) in
the illness or INCAPACITY FROM LABOR OF THE
INJURED PERSON FOR MORE THAN (30) DAYS
b) Less Serious Physical Injuries: INCAPACITATES THE
OFFENDED PARTY FOR LABOR FOR 10 DAYS OR MORE
BUT LESS THAN 31 DAYS, or shall require medical
attendance for the same period
c) Slight Physical Injuries: crime committed by any person
who inflicts injuries which either:
a) INCAPACITATES THE OFFENDED PARTY FOR LABOR FROM 1 TO
9 DAYS or shall require medical attendance during same period
b) Does not prevent the offended party from engaging in his
habitual work nor require medical attendance

• Rape is committed under the following
circumstances:
1. A man has sexual intercourse with a woman:
– Through force, threat or intimidation;
– When the victim is deprived of reason or is unconscious;
– Through fraudulent machination or grave abuse of
authority; and
– When the victim is under 12 years of age or is demented,
even if none of the above conditions are present.
2. Any person who, under any of the above conditions,
commits an act of sexual assault through oral or
anal sex or by inserting an instrument or object
into the anal or genital orifice of another person.

Some Crimes Against Personal Liberty
• KIDNAPPING (ILLEGAL DETENTION)
– is the crime committed by any person who
KIDNAPS OR DETAINS ANOTHER PERSON in any
manner that deprives him of liberty
• ABANDONMENT OF ONE’S OWN VICTIM
– Crime committed by anyone who fails to help or
render assistance to another person whom he
ACCIDENTALLY WOUNDED OR INJURED

• ABANDONMENT OF PERSON IN DANGER
– Is a crime committed by anyone WHO FAILS TO
RENDER ASSISTANCE TO ANY PERSON WHO HE
FINDS IN AN UNINHABITED PLACE WOUNDED OR
IN DANGER OF DYING, when he can render
assistance without detriment to himself
– A person who finds an abandoned child under 7
years of age shall be penalized (with the same
penalty of arresto mayor) if he fails to deliver the
said child to the authorities or to his family, or if
he fails to take him to a safe place

Some Crimes Against Personal Liberty
• THREATS
– Crime committed by any person who shall THREATEN
ANOTHER with the infliction upon the person, honor,
or property of the latter of his or his family, of any
wrong mounting to acrime
• GRAVE COERCION
– Is the crime committed by any person, without
authority of law (by means of violence, threat, or
intimidation) either:
• Prevents another from doing something not prohibited by
law
• Compels him to do something against his will, whether it be
right or wrong

Some Crimes Against Property
• ROBBERY
– Crime committed by any person who, with intent to
gain, takes any personal belonging to another, by
means of VIOLENCE AGAINST OR INTIMIDATION OF
ANY PERSON, OR USING FORCE UPON ANYTHING
• THEFT
– Crime committed by any person who, with intent to
gain, but WITHOUT VIOLENCE AGAINST OR
INTIMIDATION OF, PERSON NOR FORCE upon things,
takes personal property of another without the
latter’s consent

Some Crimes Against Property
• SWINDLING OR ESTAFA
– Crime committed by any person who DEFRAUDS
ANOTHER
• DESTRUCTIVE ARSON
– Is the crime committed by any person who BURNS a
building, train, ship, airplane
• MALICIOUS MISCHIEF
– Crime committed by another person who deliberately
causes to the property of another any other damage
(not falling within terms of arson, and other crimes
involving destruction)

Some Crimes Against Chastity
• ADULTERY
– Crime committed by a any MARRIED WOMAN who
has sexual intercourse with a man not her husband
and by a man who has carnal knowledge of her
• CONCUBINAGE
– Is committed by any HUSBAND (MARRIED MAN) who
either:
• Keeps a mistress in a conjugal dwelling
• Has sexual intercourse, under scandalous circumstances,
with a woman who is not his wife
• Cohabits with woman not his wife in any other place

• ACT LASCIVIOUSNESS
– Refers to an act or conduct that is lewd or lascivious.
– Lascivious “lustful, or tending to produce voluptuous or
lewd emotions
• SEDUCTION
– Means withdrawing a person from the path of rectitude; it
is a leading astray
• Simple seduction: unlawful carnal intercourse with a woman who
is single or widow with good reputation, over 12 but under 18,
committed by means of deceit
• Qualified seduction: SEDUCTION OF VIRGIN “DONCELLA” OVER 12
YEARS ANDS UNDER 18, committed by any of the following: public
authority, priest, home-servant, domestic guardian, teacher.
(Qualified seduction is also committed by any person who seduces
his sister or descendant, whether or not she is a virgin or over 18)

• ABDUCTION
– KIDNAPPING OF A WOMAN BY REMOVING HER
FROM HOME or from whatever place she may be
to take her to some other with intent to marry or
corrupt her.
• Forcible abduction: as a felony, is the abduction of any
woman AGAINST HER WILL and with lewd designs
• Consented abduction: as a felony, is the abduction of a
VIRGIN OVER 12 AND UNDER 18, CARRIED OUT WITH
HER CONSENT and with lewd designs

Some Crimes Against the Civil Status of
Person
• SIMULATION OF BIRTH
– Committed by one who enters in a birth certificate
a BIRTH THAT DID NOT OCCUR
• SUBSTITUTION OF ONE CHILD FOR ANOTHER
• CONCEALMENT OR ABANDONMENT OF A
LEGITIMATE CHILD
• USURPATION OF (ANOTHER’S) CIVIL STATUS
• BIGAMY: contracting of a second or subsequent
marriage

Crimes against honor
• DEFAMATION
– Character assignation, be it written or spoken
• LIBEL
– WRITTEN DEFAMATION; is a public and malicious
imputation of a crime, or a vice or defect, real or
imaginary, or any act, omission, condition, status or
circumstance tending to cause the dishonour, discredit or
contempt of a natural or juridical person, or to blacken the
memory of one who is dead
– Defamation by written words, cartoons, such
representation that cause a person to be avoided,
ridiculed, or held in contempt or tend to injure him in his
work

• SLANDER:
– ORAL DEFAMATION of a person speaking unprivileged
or false words by which reputation is damaged
• SLANDER BY DEED
– Is the crime committed by any person who performs
an act, not being an oral or written defamation which
cast dishonour, discredit or contempt upon another
person
• If statements are for justifiable and not malicious
purpose, TRUTH IS AN AVAILABLE DEFENSE
• Example: a head nurse tells the chief nurse her
opinion regarding the inefficiency of one of the
staff nurses who has not been doing well in her
job

3 Kinds of negligence or culpa under
the law
• CULPA CRIMINAL = CRIMINAL NEGLIGENCE
• CULPA AQUILIANA = QUASI-DELICT
• CULPA CONTRACTUAL = CONTRACTUAL
NEGLIGENCE

Criminal Negligence
• FAULT refers to imprudence or negligence
• Imprudence: indicates a deficiency of action
and usually involves lack of skill
• Negligence: indicates deficiency by perception
and usually involves lack of foresight

• Reckless imprudence
– Consist in voluntary, but without malice, DOING
OR FAILING TO DO AN ACT WHICH MATERIAL
DAMAGE results by reason of INEXCUSABLE LACK
OF PRECAUTION on the part of the person
performing or failing to perform such act taking
into consideration his employment or occupation,
degree of intelligence, physical condition, and
other circumstances regarding person time and
place.

• Simple imprudence
– Consist LACK OF PRECAUTION displayed in those
cases in which:
• The damage impending to be caused is not immediate
• The danger is not clearly manifested or evident
• Any person found guilty of committing an
offense by imprudence or negligence is also
criminally and civilly liable

Torts
• Are CIVIL WRONG (not criminal) that are done to
clients.
• When a criminal act has occurred, the court seeks
to punish the person responsible. In civil cases or
tort actions, the person who is filling the suit
seeks compensation for damages he feels he
suffered as a result of the action or activity.
• In the Philippines, torts are referred to as QUASI-
DELICTS

Quasi-Delict
• Is a FAULT OR NEGLIGENCE of a person which
accompanies his act or omission that causes
damage to another, there being NO PRE-
EXISTING CONTRACTUAL RELATIONS (Culpa
aquiliana)
• Consequences of Quasi-delict
– When there is quasi-delict, the person who caused the
damage is OBLIGED TO PAY FOR THE SAME
– He is also LIABLE FOR THE ACTS OR OMISSIONS OF
PERSONS FOR WHOM HE IS RESPONSIBLE

Requisites of Quasi-delict
• An act or omission of a person
• Presence of fault or negligence
– A person may only be held liable for quasi-delict ONLY IF
HE WAS NEGLIGENT
– Negligence means LACK OF DUE CARE
– Negligence is the failure to exercise the degree of care
demanded by the circumstances
– Negligence is also understood as the OMISSION TO
EXERCISE THE DILIGENCE OF A GOOD FATHER OF THE
FAMILY (“BONOS PATER FAMILIAS”) which is required by
the nature of the obligation and corresponds with the
circumstances of the persons, of the time, of the place
– A quasi-delict is a CIVIL WRONG NOT CRIME, for it is not
caused by intentional or malicious act.
– IF NO DAMAGE WAS CAUSED, THERE IS NO QUASI DELICT

Requisites of Quasi-delict
• Absence of pre-existing contractual relations between the
parties
– In a quasi-delict, no contractual relations must have
existed before or at the time of the act or omission
between the person who caused the damage and the
person to whom the damage was caused
– If there was a pre-existing contract between parties,
and there was negligence in the performance of an
obligation in a contract, the said negligence is not
quasi delict but contractual negligence or culpa
contractual
– Note that quasi-delict is INDEPENDENT OF A
CONTARCT. If the act or omission is a violation of a
contract, the result will be breach of contract

TYPES OF TORTS
• INTENTIONAL
1. Assault
2. Battery
3. Invasion of Privacy
4. Breach of Confidentiality
5. False Imprisonment
6. Fraud
7. Defamation
• UNINTENTIONAL
1. Negligence
2. Malpractice

• ASSAULT
– IMMINENT THREAT of harmful or offensive bodily
contact
• BATTERY
– an INTENTIONAL, UNCONSENTED TOUCHING OF
ANOTHER PERSON
• FRAUD
– Results from DELIBERATE DECEPTION intended to
produce unlawful gains

• Use of force or threat
ASSAULT
• Performing a procedure without consent
BATTERY

INVASION OF PRIVACY
• THE RIGHT TO BE LEFT ALONE, FREE FROM
UNWARRANTED PUBLICITY, RIGHT TO LIVE
ONE’S LIFE

BREACH OF CONFIDENTIALITY
• PRIVILEGE COMMUNICATIONS
– Statements uttered in good faith and given based on trust
– the right to refuse to divulge information obtained in a
confidential relationship
– Confidential information/Professional secrecy

• Absolute privileged communication
– is one made in the interest of the public service or
due to administration of justices and is practically
limited to legislative and judicial proceeding and other
action of state.
• Qualified privileged communication
– A communication made in good faith upon any
subject-matter in which the party communicating has
an interest or in reference to which he has a duty
either legal, moral or social, if made to a person
having a corresponding interest or duty is qualifiedly
privileged.

• Absolute Privilege
– exists to protect freedom of speech in court
proceedings.
– If absolute privilege applies, a person making a
deliberate false statement is protected from civil
suit.
– The recognized core of absolute privilege applies
to everything that is said in a judicial proceeding
by witnesses, prosecutors and by judges.

• Not permitted to be divulged in a court of justice
• Examples: communication between man and his wife;
between a lawyer and his client; a physician and his
patient; or a priest and the person who has made a
confession
• Patients and relatives are expected to give the
necessary information so proper treatment is made
• The patient and family are entitled to know
information or facts within the limits determined by
the PHYSICIAN.
• Any information gathered by the nurse during the
course of caring for the patient should always be
treated ad confidential.
• This duty extends even after the patients death.

a. attorney-client privilege - the right of a lawyer to
refuse to divulge confidential information from his
client
b. informer's privilege - the right of the government to
refuse to reveal the identity of an informer
c. journalist's privilege - the right of a journalist to
refuse to divulge sources of confidential information
d. husband-wife privilege, marital communications
privilege - neither spouse can divulge confidential
communications from the other while they were
married
e. physician-patient privilege - the right of a physician
to refuse to divulge confidential information from a
patient without the consent of the patient
f. priest-penitent privilege - the right of a clergyman to
refuse to divulge confidential information received
from a person during confession or similar exchanges

Confidential information may be
revealed on when:
1. Patients PERMITS SUCH
2. ETHICO-LEGAL CASE such as attempted
suicide, child and elder abuse which should
be reported to the local police or NBI
3. STATUTES OF DUTY TO REPORT
4. VITAL STATS
5. Given to members of the health team if
information is relevant to his care.
6. Patient sued doctor for damages

FALSE IMPRISONMENT OR ILLEGAL
DETENTION
• Occurs when a client is not allowed to leave a
health care facility when there is no legal
justification to detain the client
• Occurs when RESTRAINING devices are used
without an appropriate clinical need
• Restraints need physician’s order.
• A client can sign the AGAINST MEDICAL
ADVICE form when the client refuses care and
is competent to make decisions

• NEGLIGENCE
– Failure to behave in a reasonably and prudent
manner, whether a layperson or a professional
and whether engaged in the simplest or most
complex type of activity.
– When harm or injury results to failure, negligence
is said to occur
• MALPRACTICE
– Refers to negligent acts of persons engaged in
professions or occupations in which highly
technical or professional skills are employed.

Professional Negligence/Malpractice
• Refers to the COMMISSION OR OMISSION OF AN ACT,
pursuant to a duty, that a reasonable prudent person in
the same or similar circumstance would or would not
do, and acting or the non-acting in which the
proximate cause of injury to another person or his
property
• In the usual sense implies the idea of IMPROPER OR
UNSKILFUL CARE OF PATIENT BY A NURSE
• Denotes STEPPING BEYOND ONE’S AUTHORITY with
serious consequences
• Conduct that FALLS BELOW THE STANDARD OF CARE
• Negligent act committed in the COURSE OF
PROFESSIONAL PRACTICE

• Elements of Malpractice
1. DUTY: existence of a duty on the part of the person
charged to use care under circumstance
2. BREACH: failure to meet standard of care
3. PROXIMATE CAUSATION (CASUAL
RELATIONSHIP): foreseeability of harm resulting from
failure to meet the standard; breach of duty was the
legal cause of injury to the client.
4. INJURY: the fact that the breach of this standard
resulted in an injury or damages to the plaintiff and can
be compensated by law

• Penalty for negligence:
REVOCATION OF LICENSE
• 4 D’s of negligence:
DUTY
DELERICTION
DAMAGE
DUE CARE

Common acts of PROFESSIONAL
NEGLIGENCE
• Failure to report observations to attending
physician
• Failure to exercise the degree of diligence in
which the circumstances of a particular case
demands
• Mistaken identity
• Wrong medicine, wrong concentration, wrong
route, wrong dose
• Defects in the equipments such as stretcher and
wheelchairs may lead to falls thus injuring the
patient

• Errors due to family assistance
• Administration of medicine without doctor’s
prescription
• Failure to challenge an inappropriate order
• Hot water bags, heat lamps, sitz bath, objects left
in the patient’s body such as sponges, suction
tips, loosed dentures lodged in the patients
trachea, falls of the elderly, confused,
unconscious, sedated patients, or those who are
not fully recovered from anesthesia, falls of
children whose side rails were not pulled up and
locked

LEGAL DEFENSE AGAINST NEGLIGENCE
• ATTAIN STANDARD OF CARE in giving care
– STANDARD OF CARE: are guidelines that identify what
the client can expect to receive in terms of nursing
care; guidelines determine whether the nurse have
performed duties in an appropriate manner
• Proper, concise and accurate DOCUMENTATION
of care given
– “If it was not charted", it was not observed or done”
– Don’t tamper with medical records- (ARD)
– Observe agency’s standards on documentation

Hospital Records as Evidence
• A patient chart which is correctly and accurately
accomplished is not valuable as evidences in legal
proceedings but also useful as guide in the proper
treatment of the patient.
• For this reason it becomes professional duty of every
nurse who fills out a patient chart or keeps clinical
records for the hospital to write down chronologically
truthfully and accurately on the patient’s encountered
or observed in connection with the care and treatment
of the patient including any accident or injury which he
may have suffered while he was under her care.
• She could cooperate in making the hospital record
clear, accurate and reliable.

• General guidelines to be followed to
ensure quality documentation and
reporting
A
B
C
L
S
- Accuracy/ factuality
- Brevity/ organization
- Completeness/ confidentiality/
currentness
- Legality/ Legibility
- Simplicity

• Purposes of charts or records:
C
L
E
A
R
S
- Communication
- Legal
- Education/ endorsement
- Audit and assessment
- Recording and reporting/
research
- Statistics

ASSUMPTION OF RISK
• Advance consent given in performing a duty
that involves risks.
• Nurse agrees to assume the risk of harm or
infection thereby relieving patient or his
relatives from legal obligations

DOCTRINES
• Doctrine of Res Ispa Loquitor
• Doctrine of Respondeat Superior
• Doctrine of Force Majeure (Caso fortuito or
fortuitous event)
• Captain of the Ship Doctrine
• Doctrine of Ostensible Agency or Agency by
Estoppel “Holding out
• Contributory Negligence
• Doctrine of Last Clear Chance

Doctrine of Res Ipsa Loquitor
• “THE THING OR THE TRANSACTION SPEAKS FOR IT
SELF”
• Requisites:
– The accident is of a kind which ordinarily does not
occur in the absence of someone’s negligence
– It is caused by an instrumentality within the
exclusive control of the agency
– The possibility of contributing conduct which
would make the plaintiff responsible is eliminated

Doctrine of Respondeat Superior
• “LET THE MASTER ANSWER FOR THE ACTS OF THE
SUBORDINATE”
• Applies only to those actions performed by the
employee within the scope of his employment
relationship and was within the scope of the
employee’s responsibilities.
• But when a person through his negligence injures
another, he remains fully responsible

Doctrine of Force Majeure (Caso
fortuito or fortuitous event)
• IRRESISTIBLE FORCE one that is unforeseen or
inevitable
• Circumstances like flood, fire, earthquakes, and
accident fall under this doctrine and nurses fail to
render service during these circumstances are not held
negligent (extraordinary event without human
intervention that cannot be reasonable foreseen,
avoided or prevented)

Captain of the Ship Doctrine
• SURGEON IS LIKENED TO THE SHIP CAPTAIN who must
not only be responsible for the safety of the crew but
also of the passengers of the vessel

Doctrine of Ostensible Agency or
Agency by Estoppel “Holding out”
• The principal is bound by the acts of his agent with the
apparent authority which he knowingly permits the
agent to assume, or which he holds the agent out of
the public as possessing
• DOCTRINE OF CORPORATE RESPONSIBILITY (hospitals)

• Contributory negligence - It applies to cases
where plaintiffs/claimants have, through their
own negligence, contributed to the harm they
suffered.
• The last clear chance - Under this doctrine, a
negligent plaintiff can nonetheless recover if
he is able to show that the defendant had the
last opportunity to avoid the accident.

• MALFEASANCE
– performance of an unlawful, wrongful act
• MISFEASANCE
– improper performance of a lawful act
• NONFEASANCE
– failure to perform a task, duty, or undertaking that
one has agreed to perform or that had a legal duty
to perform

PRACTICE OF MEDICINE BY A NURSE
1. During epidemics or national emergencies
2. Whenever the services of duly registered
physicians are not available
3. Limited and special authorization by the
Secretary of Health to render medical services
4. But such authorization shall automatically cease
when the epidemic or national emergency is
declared terminated by the Secretary of Health.

INFORMED CONSENT
• Is the client’s approval (or that of the client’s
legal representative) to have his or her body
touched by a specific individual.
• It indicate the client’s participation in the
decision making regarding health care

Nursing Law and Jurisprudence

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