SHARON PADAOAN-RUEDAS

FINAL EXAMINATION IN MEDICAL JURISPRUDENCE

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II. Essay
1. Sec. 2. Rape as a Crime Against Persons. - The crime of rape shall
hereafter be classified as a Crime Against Persons under Title Eight of Act
No. 3815, as amended, otherwise known as the Revised Penal Code.
"Article 266-A. Rape: When And How Committed. - Rape is
committed:

"1) By a man who shall have carnal knowledge of a woman under
any of the following circumstances:
"a) Through force, threat, or intimidation;

"b) When the offended party is deprived of reason or otherwise
unconscious;

"c) By means of fraudulent machination or grave abuse of
authority; and

"d) When the offended party is under twelve (12) years of
age or is demented, even though none of the circumstances
mentioned above be present.
"2) By any person who, under any of the circumstances mentioned in paragraph
1 hereof, shall commit an act of sexual assault by inserting his penis into
another person's mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.

2. Acts of lasciviousness-Any person who shall commit any act of
lasciviousness upon other persons of either sex, under any of the
circumstances mentioned in the preceding article, shall be punished byprision
correccional..
The elements of the crime of acts lasciviousness are: (1) that the offender
commits any act of lasciviousness or lewdness; (2) that it is done: (a) by using
force and intimidation or (b) when the offended party is deprived of reason or
otherwise unconscious, or (c) when the offended party is under 12 years of age;
and (3) that the offended party is another person of either sex.
All forms of sexual harassment in the employment, education and training
environment are declared unlawful as stated in section two of the Republic Act
No. 7877, otherwise known as Anti-Sexual Harassment Act of 1995 in the
Philippines.
The request for sexual favor and other forms of erotic propositions are against
the law of the land, especially in the Philippines. Thus, sexual harassment is not
allowed under RA 7877, otherwise known as Anti-Sexual Harassment Act of
1995
The law also requires the employers or the head of the covered institutions to
deter the commission of acts of sexual harassment and to provide for
procedures for resolution, settlement or prosecution of acts of sexual
harassment.
A mere casual buss on the cheek is not a sexual conduct or favor and does not
fall within the purview of sexual harassment under R.A. No. 7877. Section 3 (a)
thereof provides, to wit:
Sec. 3. Work, Education or Training related Sexual Harassment Defined.
Work, education or training-related sexual harassment is committed by an
employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person who, having authority,
influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from
the other, regardless of whether the demand, request or requirement for
submission is accepted by the object of said Act.
a) In a work-related or employment environment, sexual harassment is
committed when:
1) The sexual favor is made as a condition in the hiring or in the employment,
re-employment or continued employment of said individual, or in granting said
individual favorable compensation, terms, conditions, promotions or privileges;
or the refusal to grant sexual favor results in limiting, segregating or classifying
the employee which in anyway would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said employees;
2) The above acts would impair the employees right or privileges under
existing labor laws; or
3) The above acts would result in an intimidating, hostile, or offensive
environment for the employee.
Clearly, under the foregoing provisions, the elements of sexual harassment are
as follows:
1) The employer, employee, manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, trainor, or any other person has authority,
influence or moral ascendancy over another;
2) The authority, influence or moral ascendancy exists in a working
environment;
3) The employer, employee, manager, supervisor, agent of the employer,
teacher, instructor, professor, coach, or any other person having authority,
influence or moral ascendancy makes a demand, request or requirement of a
sexual favor.
3. Seduction-As to the crime of Seduction, a qualification has to be made
because it appears this crime has been modified by rape committed by means
of fraudulent machination or by grave abuse of authority.
In seduction the victim consented to the sexual intercourse.
A. In qualified seduction (Article 337) what makes the offense qualified is
because of the character of the accused, the excess of power or abuse of
confidence. Thus the consent of the victim was obtained because of any of the
following:

(i). Abuse of authority such as by persons in authority, guardians, teachers,
persons who are entrusted with the education or custody of the victim

(ii). Abuse of the confidence reposed in them such as by priest, minister, house
servants, domestics i.e. one living under the same roof as the victim

(iii). Abuse of relationship such as by brothers or ascendants,
while aduction-the action of forcibly taking someone away against their will.
A. Concept: the taking away of a woman with lewd designs i.e. to obtain sexual
gratification.
1. Forcible (Article 342): if the taking away is against her will.

a). This presupposes the use of force, violence threat or intimidation or any
method to overcome her resistance, or to deprive her of the ability to resist

b) If the woman was thereafter raped, it the crime is Forcible Abduction with
Rape, and if there be several rapes, the other rapes are considered as separate
crimes.

compared to From Kidnapping/Serious Illegal Detention

(i) In kidnapping, there is no lewd design but to either deprive or restrain the
woman of her personal liberty/freedom of movement, or the purpose is to
demand a ransom

(ii) If several rapes were committed on the woman, the crime is kidnapping with
rape and the other rapes are absorbed and are aggravating circumstances while
in Abduction, the other rapes are separate offenses

d). It is Trafficking in Persons if the purpose is for sexual exploitation, forced
labor or services, slavery, involuntary servitude or debt bondage, or sale of
organs
2. Consented (Article 343) the taking away of a woman of good reputation, 12
years or over but under 18 years of age, carried out with her consent and with
lewd designs.

a) There may or may not be deceit employed to get the woman to agree, as for
example, convincing the woman to elope with the man. The consent must be
given freely and intelligently.

b) There be lewd design else the crime may be inducing a minor to abandon the
home

4. R. A. 7610-Section 2. Declaration of State Policy and Principles. It is hereby
declared to be the policy of the State to provide special protection to children
from all firms of abuse, neglect, cruelty exploitation and discrimination and
other conditions, prejudicial their development; provide sanctions for their
commission and carry out a program for prevention and deterrence of and
crisis intervention in situations of child abuse, exploitation and discrimination.
The State shall intervene on behalf of the child when the parent, guardian,
teacher or person having care or custody of the child fails or is unable to
protect the child against abuse, exploitation and discrimination or when such
acts against the child are committed by the said parent, guardian, teacher or
person having care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their
survival and normal development and over which they have no control.
The best interests of children shall be the paramount consideration in all
actions concerning them, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities, and legislative
bodies, consistent with the principle of First Call for Children as enunciated in
the United Nations Convention of the Rights of the Child. Every effort shall be
exerted to promote the welfare of children and enhance their opportunities for
a useful and happy life.
Under Section 3 of the RA 7610 IRR, a person who learns of facts of
circumstances that give rise to the belief that a child has suffered abuse MAY
REPORT (emphasis ours) the same, either orally or in writing, to the Department
(refers to DSWD), to the police or other law enforcement agency or to a
Barangay Council for the Protection of Children or BCPC.
Further, a complaint against a person who abused a child may be filed by the:
offended party; parent or legal guardian; ascendant or collateral relative of the
child within the third degree of consanguinity; duly authorized officer or social
worker of the Department; officer, social worker or representative of a licensed
child caring institution; Barangay Chairman (Chairperson); OR (emphasis ours)
at least three (3) concerned responsible citizens of the community where the
abuse took place.
Medical malpractice is professional negligence by act or omission by a health
care provider in which the treatment provided falls below the accepted
standard of practice in the medical community and causes injury or death to
the patient, with most cases involving medical error.
5. Medical malpractice is professional negligence by act or omission by
a health care provider in which the treatment provided falls below the accepted
standard of practice in the medical community and causes injury or death to
the patient, with most cases involving medical error. Standards and regulations
for medical malpractice vary by country and jurisdiction within countries.
Medical professionals may obtain professional liability insurances to offset the
risk and costs of lawsuits based on medical malpractice, compared to
Negligence, it is a Conduct that falls below the standards of behavior
established by law for the protection of others against unreasonable risk of
harm. A person has acted negligently if he or she has departed from the
conduct expected of a reasonably prudent person acting under similar
circumstances.
In order to establish negligence as a Cause of Action under the law of TORTS, a
plaintiff must prove that the defendant had a duty to the plaintiff, the
defendant breached that duty by failing to conform to the required standard of
conduct, the defendant's negligent conduct was the cause of the harm to the
plaintiff, and the plaintiff was, in fact, harmed or damaged.
Article 365 of the Revised Penal Code defines reckless imprudence as that
which consists in voluntary, but without malice, doing or falling to do an act
from 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 persons, time and place.
Article 365 also defines simple imprudence as that which consists in the lack
of precaution displayed in those cases in which the damage impending to be
caused is not immediate nor the danger clearly manifest.