1.

PD 996 – which provided for compulsory basic immunization for

children and infants below eight years of age
2. PD 442 – which is the Labor Code of the Philippines
3. PD 856 – Code on Sanitation
4. PD 651 – Birth and Death Registration law
5. PD 603 – The Child and Youth Welfare Code of the Philippines. It protects the
right, and promotes the welfare of the children
6. PD 825 – which provided penalty for improper garbage disposal and other forms
of uncleanliness
7. PD 148—amending RA 679 ( Woman and child labor law), states that the
employee age shall be 16 y/o. This decree provides the minimum employable
age and for privileges of working woman
8. RA 1080 – which declared that professionals who passed the board and bar
exams are civil service eligible (Civil Service Eligibility)
9. RA 1082 – which is “The Rural Health Act”, creating RHU all over the country
with the goal of promoting the health and well being of the rural population
10.RA 1612 – which provides that a privilege tax shall be paid before any business
or occupation can be lawfully begun or pursued
To be paid before January 31 of each year
Professionals working in gov’t agencies are exempted from this
11.RA 3573 – the law on the reporting of communicable diseases to the nearest
health station and that any person may be inoculated, administered or injected
with prophylactic injections
12.RA 5901 – working hours and compensation of hospital and clinical personnel
13.RA 6111 – which is the Philippine Medical Care Act of 1969 (MEDICARE)
providing for hospitalization benefits for employees who are members of the
GSIS and SSS
14.RA 6675 – which is the “ Generic Acts of 1988”
15.RA 7160--- OR THE LOCAL GOVERNEMNT Code transfers responsibility for
delivery of basic services and facilities of the national government to local
government units
16.RA 7164—introduced by Senator Heherson Alvarez, “The Philippine Nursing Act
of 1991” (Updating faculty’s educational qualification by requiring Master
degree”
17.RA 7305 – which is the Magna Carta of Public Health Workers
18.RA 7600 – which is the Rooming-in and Breastfeeding Act of 1992
19.RA 7610 – which is “ The Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act”
20.RA 8749 – The Philippine Clean Air Act of 1999
21.RA 9211 – No smoking act
22.ACT 2808—First true Nursing Law
1. Libel-a defamation by written words, cartons or such
representations
2. Holographic will – a will which is entirely written, dated and signed by the
testator himself and is not subject to any specific form and need not be
witnessed
3. FACIO UT DES – “ I do that you may give” – a valid and enforceable
contract results from an implied consent where one party renders service to
another and the latter accepts such service without proof that the same is
given gratuitously
4. CONTRACT----Is a meeting of minds between 2 or more persons whereby
one binds himself, with respect to the others, to give something or to render
some service
Is the basis of a relationship between a nurse and an employer
For example: a nurse and a hospital, or a nurse and a physician
It is also a basis of the relationship that a nurse has with patient
 5. WILLS-Is an act whereby a person is permitted, with formalities prescribed
by law , to control to a certain degree the disposition of his estate, to take
effect after his death (Art. 783 Civil Code)
6. TORTS-Are CIVIL (not criminal) wrongs that are done to clients
When a criminal act has occurred, the court seeks to punish the person
responsible
• TORTS: A legal wrong, committed against a person or property
TYPES:
1. Unintentional- do not require intent but do require the element of
harm.
Ex. Negligence and malpractice
7. NEGLIGENCE” refers to the commission or omission of an act, pursuant to a
duty, that a reasonably prudent person in the same or similar circumstance
would or would not to, and acting or the non-acting of which is the proximate
cause of injury to another person to his property.
8. INCOMPETENCE-Is the lack of ability, legal qualifications or fitness to
discharge the required duty
Although a nurse is registered, if in the performance of her duty she
manifests incompetency, there is ground for revocation or suspension of her
certificate of registration
9. Intentional- the act was done on purpose or with intent; no harm,
injury or damage is needed to be liable.
10. FALSE IMPRISONMENT
- Unjustifiable detention of a person without a legal warrant
- occurs when the person 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.
11.Crime-Is an act or an omission that is punishable by law
12.Grave Felonies are those which the law punishes with capital punishment
or with any of the afflictive penalties
Capital Punishment is DEATH PENALTY
Afflictive Penalties includes:
RECLUSION PERPETUA – an imprisonment from 20 years and 1 day to 40
years
RECLUSION TEMPORAL – imprisonment from 12 years and 1 day to 20 years
PRISION MAYOR – imprisonment from 6 months and 1 day to 6 years
13. Force Majeure
14.Doctrine respondent superior- the term means “let the master
answer for the acts of his subordinates:
15. A
III.
CONTRACT
• Is the basis of a relationship between a nurse and an employer
• For example: a nurse and a hospital, or a nurse and a physician
• It is also a basis of the relationship that a nurse has with patient
Doctrines Applied in Contracts
• DO UT DES – “I give that you may give” – applied to giving money or goods
under a promise of repayment in money or goods, and to loans of money, and
contracts of sale
• FACIO UT FACIAS – “I perform so that you are to perform” – signifies an
agreement to do work for another if the other will do work for him; or to do any
positive acts on both sides
• FACIO UT DES – “ I do that you may give” – a valid and enforceable contract
results from an implied consent where one party renders service to another and
the latter accepts such service without proof that the same is given gratuitously
 • DO UT FACIAS – “ I pay in order that you perform” – When one agrees with the
employee to give wage based on performance
Essential Requisites of Contract
• Consent of the contracting party
• Object certain which is the subject matter of the contract
• Cause of the obligation which is established
WILLS
• Is an act whereby a person is permitted, with formalities prescribed by law , to
control to a certain degree the disposition of his estate, to take effect after his
death (Art. 783 Civil Code)
KINDS OF WILL
• Notarial will – a will that is subscribed or signed by the testator himself of by
some other person in the presence of the testator and by his express direction
and attested and subscribed by 3 or more credible witnesses in the presence of
the testator and of one another
• Holographic will – a will which is entirely written, dated and signed by the
testator himself and is not subject to any specific form and need not be
witnessed
• Nuncupative will – oral will
Terms Commonly used in Wills
• BEQUEST is a gift by will of personal property
• EXECUTOR is one to whom another man commits by his last will the execution
of that will and testament
• TESTATOR is one who has made a testament or will
• DECEDENT applied to the person whose property is transmitted through
succession, whether or not he left a will
Persons who may make a will
• Male or female who at least 18 years of age
• Persons of sound mind at the time of the execution of the will
• A married woman. Even without the husband’s consent or authority of the
court
Crime
Is an act or an omission that is punishable by law
FELONIES AND OFFENSES
• FELONIES are those crimes punished by the Revised Penal Code of the
Philippines
• OFFENSES are those crimes punished by a special penal law
EXAMPLES
• INFANTICIDE which is the killing of a child less than 3 days of age is a crime
punishable by ARTICLE 255 of the Revised Penal Code, this crime is therefore a
FELONY
• Practicing nursing in the Philippines without a COR/PL and Professional
Identification Card is a crime punishable by Section 35 (a) (1) of RA 9173, which
is a special penal law. This crime is therefore an OFFENSE
FELONIES
• Are crimes punishable by Revised Penal Code of the Philippines. It has three
essential elements
• There must be an act or an omission
• The act or omission must be punishable by the Revised Penal Code
• The rule is: “There is no crime when there is no law punishing the
act” (nullum crimen, nulla poena sine lege)
• The act is performed or the omission is incurred by means of either
malice or fault

• Malice it refers to criminal intent or the deliberate intent to do an injury to

another, his property or his right
• Fault refers to imprudence or negligence
 • Imprudence indicates a deficiency of action and usually involves lack of
skill
• Negligence indicates deficiency of perception and usually involves lack of
foresight
2 kinds of felonies according to manner of commission
• Intentional Felonies are those committed by means of malice or criminal intent
• Culpable Felonies are those committed by means of fault
3 kinds of felonies according to the stages of acts of execution
• Attempted Felony – when the offender commences the commission of the
felony directly by over acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other
than his spontaneous desistance
• Frustrated Felony – is when the offender performs all the acts of execution
which would produce the felony as a consequence but which, nevertheless, do
not produce it by reason of causes independent of the will of the perpetrator
• Consummated Felony – is consummated when all the elements necessary for
its execution and accomplishment are present
CASE ILLUSTRATION
• With the intent to kill a 4 year old boy under her care, the nanny prepared a
bowl of cereals and laced it with poison sufficient, if substantial amount is taken
to kill the boy
• If, after she had fed the boy with the said cereals, the boy dies of the said
poison, the crime is CONSUMMATED (and that is MURDER)
• If, despite having fed the boy with all the contents of the said bowl, the
boy does not die because of timely medical attention, the crime is
FRUSTRATED
CASE ILLUSTRATION
• If the boy did not die because after she fed him spoonful of the said
cereals, he started to retch such that she was not able to anymore
(although the nanny still wanted ) to feed him more of the poisoned
cereals, the crime is ATTEMPTED
FELONIES According to GRAVITY
• Grave Felonies -are those which the law punishes with capital punishment or
with any of the afflictive penalties
• Capital Punishment is DEATH PENALTY
• Afflictive Penalties includes:
• RECLUSION PERPETUA – an imprisonment from 20 years and 1 day
to 40 years
• RECLUSION TEMPORAL – imprisonment from 12 years and 1 day to
20 years
• PRISION MAYOR – imprisonment from 6 months and 1 day to 6
years
• Less Grave Felonies – are those which the law punishes with any of the
correctional penalties
• Correctional Penalties include:
• Prision Correcional which is an imprisonment from 6 months and 1
day to 6 years
• Destierro (which is restriction of FREEDOM) from 6 months and 1
day to 6 years
• Arresto Mayor which is an imprisonment from 1 month and 1 day
to 6 months
• Less Felonies – are those which are punished by law with arresto menor or
with a fine not exceeding 200 pesos, or both such imprisonment and fine
• ARRESTO MENOR – Is a light penalty which is consists of an imprisonment
or deprivation of freedom from one day to 30 days
• CONSPIRACY
 • Exists when two or more persons come an agreement concerning the
commission of a felony and decide to do it
Persons who are Criminally liable for Felonies
• For GRAVE FELONIES and LESS GRAVE FELONIES, the following are criminally
liable:
• Principal
• Accomplices
• Accessory
• However, for LIGHT FELONIES only the principals and the accomplice are
criminally liable, the accessories are not
PRINCIPALS
• PRINCIPALS in criminal law are of 3 kinds:
• PRINCIPALS BY DIRECT PARTICIPATION are those who take a direct part in
the execution of the felony
• PRINCIPALS BY INDUCTION are those who directly force or induce others
to commit the felony
• PRINCIPALS BY INDESPENSABLE COOPERATION are those who cooperate
in the commission of the felony by another act without which it would not
have been accomplished
ACCOMPLICES
• Are those persons who are not principals but who cooperate in the execution of
the felony by previous or simultaneous acts
ACCESSORIES
• Are those who, having knowledge of the commission of the felony, and without
having participated therein (either as principals or accomplices), take part
AFTER the felony was committed
CASE ILLUSTRATION
• Anna is 4 months pregnant and her boyfriend Bonny decided that she must
have abortion. Bonny sought help of Chris who brought Bonny (and Anna) to
Doddy, an abortionist. After Bonny paid the price he demanded, with the help of
his assistant, Edong, performed the abortion on Anna (although without Anna’s
consent). After the fetus was expelled, Fred, a helper of Doddy buried it to
prevent the discovery of the crime
ANALYSIS
• The felony committed here is INTENTIONAL ABORTION punishable under
ARTICLE 256 of the Revised Penal Code and the following may be held liable:
• Bonny as a PRINCIPAL by INDUCTION
• Chris as an ACCOMPLICE
• Doddy as a PRINCIPAL by direct participation
• Edong as PRINCIPAL by INDESPENSABLE COOPERATION
• Fred, as an ACCESSORY
TORTS
• TORTS: A legal wrong, committed against a person or property
TYPES:
1. Unintentional- do not require intent but do require the element of harm.
Ex. Negligence and malpractice
PROFESSIONAL NEGLIGENCE
• “NEGLIGENCE” refers to the commission or omission of an act, pursuant to a
duty, that a reasonably prudent person in the same or similar circumstance
would or would not to, and acting or the non-acting of which is the proximate
cause of injury to another person to his property.
SPECIFIC EXAMPLES OF NEGLIGENCE
1. Failure to report observations to attending Physicians
2. Failure to exercise the degree of diligence which the circumstances of the
particular case demands
3. Mistaken Identity
4. Wrong medicine, wrong concentration, wrong route, wrong dose
 5. Defects in the equipment such as stretchers and wheelchairs may lead to falls
thus injuring the patients
5. Errors due to family assistance
6. Administration of medicine without a doctor’s prescription
MALPRACTICE
• Implies the idea of improper or unskillful care of a patient by a nurse. It also
denotes stepping beyond one’s authority with serious consequences
EXAMPLES OF MALPRACTICE:
• Misdiagnosis of an illness, failure to diagnose or relay diagnosis
• Birth Injuries
• Surgical Complications
• Prescription errors
• Failure to provide treatment
• Anesthesia related complications
• Failure to follow advance directive
• Failure of hospital or pharmacy to dispense the right medicine, dosage
INCOMPETENCE
• Is the lack of ability, legal qualifications or fitness to discharge the required duty
• Although a nurse is registered, if in the performance of her duty she manifests
incompetency, there is ground for revocation or suspension of her certificate of
registration
2. Intentional- the act was done on purpose or with intent; no harm, injury or
damage is needed to be liable.
A. ASSAULT AND BATTERY
ASSAULT- an attempt or threat to touch another person unjustifiably; mental or
physical threat
Ex.- forcing a pt. to take his medication or treatment
BATTERY- physical harm through willful touching of person or clothing without
consent.
Ex. – giving of injection without pt’s consent
B. FALSE IMPRISONMENT
- Unjustifiable detention of a person without a legal warrant
- occurs when the person 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.
USE OF RESTRAINTS
• Restraints should be used with caution and discretion. All patients should have
the right to independence and freedom of movement. Restraints require a
physician’s order. If a patient or his legal guardian refuses to be restrained, this
should be documented in the patient’s medical record.
C. INVASION OF PRIVACY
• Right to privacy is the right to be left alone
• Right to be free from unwarranted publicity
• Exposure to public view
• Divulge information from patient’s chart to improper sources or
unauthorized person
• PRIVILEGED COMMUNICATION: Statements uttered in good faith; not
permitted to be divulged in court of justice
5. DEFAMATION
• Character assassination
• There must be a third person who hears or read the comment before it
can be considered defamation
TYPES:
• Slander-oral defamation
• Libel-written words
Circumstances affecting Criminal Liability
J-E-M-A-A
1. Justifying Circumstances--Are 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 are incurred
• The following are justifying circumstances:
• SELF DEFENSE
• Unlawful aggression
• Reasonable necessity of the means employed to prevent or repel
such aggression
• Lack of sufficient provocation on the part of the person defending
himself
• Defense of Relatives
• Defense of Strangers
• Advance of Greater Evil or Injury
• Fulfillment of duty, or lawful exercise of right or office
• Obedience to a lawful order
2. Exempting Circumstances--Are those circumstances which make the
act of a person to be lacking in any of the condition that would make it
intentional or culpable
When there is an exempting circumstance, the actor (perpetrator of the act) is
exempt from criminal liability
• Imbecility or insanity
• Being 9 years or less of age
• Being over 9 and under 15 years of age
• Accident
• Irresistible force
• Uncontrollable fear
• Insuperable cause
3. Mitigating Circumstances----Are 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 the penalty
Ex.
• Incomplete Justifying or Exempting Circumstance
• Being under 18 or over 70 years of age
• No intention to commit so grave a wrong
• Provocation or threat
• Vindication of a grave offense
• Passion or obfuscation
• Surrender or Confession of guilt
• Physical defect
• Illness of the offender
• Similar and analogous circumstances
• Impulse of jealousy
• Extreme poverty and necessity

4. Aggravating Circumstances---Are those circumstances which, if present

in the commission of the felony, serve to increase the penalty (without
exceeding the maximum penalty provided by law for the felony)
Ex.
• Taking advantage of Public position
• Contempt or insult to public authorities
• Disregard of rank, age or sex
• Dwelling of the offended party
• Abuse of confidence
• Obvious ungratefulness
• Palace of the chief executive
• In the presence of the chief executive

5. Alternative Circumstances--Are 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
Ex.
• Relationship
• Intoxication
• Degree of instruction and education