nursing jurisprudence mam vane

8/7/2019 NURSING JURISPRUDENCE mam vane

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NURSES & CONTRACTSNURSES & CONTRACTS


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DEFINITION OF CONTRACTDEFINITION OF CONTRACT

Meeting of minds between twoor more persons whereby onebinds him/herself, with respectto the others, to givesomething or to render some

service


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DEFINITION OF A CONTRACTDEFINITION OF A CONTRACT

Ba sis of the rel a tionshipbetween a nurse a nd a nemployer

Ba sis of the rel a tionship th a t a nurse h a s with a p a tient


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REQUISITES OF CONTRACTSREQUISITES OF CONTRACTS

4 . Object cert a in which is the subject m a tterof the contr a ct* thing* right to possess a re a l property* service not contr a ry to the l a w

5 . C a use

* promise of a thing or service by theother;* service or benefit which is being

remuner a ted;


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Kinds of Co ntracts

1. Formalrequired by l a w to be in written

form

2. Informal

or a l a nd spoken discussionbetween consenting p a rties, notrequired by l a w to be in writing


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Advantages of W ritten Co ntract

D et a iled, preciseSets a st a nd a rd (p a y, benefits)D efinite procedure (r a nking a ndpromotion)Provides security for the employee


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Kinds of Co ntracts

3. Expressedagreement is stipulated either verbally or in

writing

4 . Im plied / Quasi-contractNo t an actual contract, but is a legal

substitute for a contract formed to imp ose equity bet ween two parties. (to avoid injustice and to ensure fairness )


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Kinds of Co ntracts

5 . Voidinexistent f r om the very beginning

One of the parties is incapable of giving consentCo nsent is vitiated by mistake, intimidati on, f raudObject is outside the commerce of menCo ntemplates an imp ossible serviceIntenti on of the parties relative to the principal object of the contract cann ot be ascertainedExpressly pr ohibited or declared void by law


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Kinds of Co ntracts

4 . IllegalExpressly pr ohibited by law.

Unen forceable

Entered into the name of an other pers on by one who has been given no auth ority or legal

representati on, or who has acted bey ond his/her pow er


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Breach of Co ntract

1. Prevention of perform a nce2. Fa ilure to perform bec a use of

inconvenience3 . Fa ilure to cooper a te4 . Ab a ndonment of duty

5 . Substitution of perform a nce6 . Fa ilure to use due c a re


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L egal Excuses if Refusing to Perfor m aContract

1. Material misrepresentati on2. Illegal pr ocedures3. Per formance is made imp ossible by

reas on of illness4. Per formance is made for other reas ons

5. Co ntract is insu ff icient


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J UR ISPRUDENCEJ UR ISPRUDENCE

The the ory and

philos ophy of law


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I n the Philippines, the princip a l sources of

the la

wsa

re the following:

1. CONST I TUTI ON2. LEGI SLAT IV E en a ctments of the

Congress3 . AD MI NI STRAT IV E rules a nd regul a tions4 . JUDI CI AL D EC I S I ONS, a nd5 . CUSTOMS


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CONST I TUT I ON

F unda m ental law of the land.

Supre m e law or the highest law to w hich other

laws must conform.

No law in the country is valid if it is in conflictwith the constitution .

Changed by a s overeign power of the pe ople.


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ADM I N I STR A T I VE OR DE RS

Administr a tive rules a nd regul a tions a reintended to cl a rify a nd expl a in the l a w a ndca rry into effect its gener a l provisions.

S ecretary of E ducati onP RC Co mmissi oner

Board of N ursing (BON )


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J U D I C I AL DE C I S I ONS

The leg a l system of the Philippines isformed in p a rt by the decision of thecourts, p a rticul a rly the SupremeCourt.


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L egal Aspects and theL egal Aspects and theNurseNurse


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NursingJ

urisprudenceIncludes all laws, court decisi ons, legal principles and doctrines, rules and

pr omulgati ons which regulate the practice of nursing.


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NEG L IGENCENEG L IGENCE


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COMMON ACTS O F NEG L IGENCECOMMON ACTS O F NEG L IGENCE

Careless executi on of the APs order or prescripti onFalls of a patient f r om bed causing injury there f r omDeath of a patient resulting f r om injecti on of digitalis

Administering medicine without the APs prescripti onFailure to rep ort the case hist ory &observati ons ab out the patient to the AP


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SPEC IF IC EXAMP L ES O F SPEC IF IC EXAMP L ES O F NEG L IGENCENEG L IGENCE

Failure to rep ort observati ons toattending physicians.

Failure to exercise the degree of diligence which the circumstances of the

particular case demands.


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Mistaken identity

Wr ong medicine, wr ong concentrati on, wr ong r oute, wr ong dose

De f ects in the equipment such as stretchers and wheelchairs may lead to f alls thus injuring the patients


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Err ors due to f amily assistance

Administrati on of medicine without a doctors prescripti on


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EL EMENTS INVO L VED INEL EMENTS INVO L VED INMED ICAL NEG L IGENCEMED ICAL NEG L IGENCE

Duty does the practiti oner have the resp onsibilities and used the same level of

competency to treat an other of the same conditi on?

B reach is their a f ailure or an impr oper

per formance of a task on the part of the practiti oner that resulted to such negligence?


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EL EMENTS INVO L VED INEL EMENTS INVO L VED INMED ICAL NEG L IGENCEMED ICAL NEG L IGENCE

Injury - In the conclusi on of the acti on, was s omeb ody harmed?

Proxi m ate Causation it is divided into 2 categ ories:

Was the acti on-in-f act caused the harm?Were their any other cause/s of injury that is not the result of the acti on-in-f act


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Leonila GarciaLeonila Garcia RuedaRuedavs.vs.

Dr. Domingo Antonio Jr.Dr. Domingo Antonio Jr.andand

Dr. Erlinda ReyesDr. Erlinda Reyes

Case No. GR 118141Case No. GR 118141

Sept. 5, 1997Sept. 5, 1997


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Mr. Florencio Rueda underwent surgicalMr. Florencio Rueda underwent surgicaloperation at the UST Hospital for the removaloperation at the UST Hospital for the removalof a stone blocking his ureter.of a stone blocking his ureter.

He was attended by D r. D omingo Antonio,He was attended by D r. D omingo Antonio,Jr. who was the surgeon, while D r. ErlindaJr. who was the surgeon, while D r. ErlindaBalatbat Balatbat - - Reyes was the Anaesthesiologist.Reyes was the Anaesthesiologist.

Six hours after the surgery, however,Six hours after the surgery, however,Florencio died of complication of UNKNOWNFlorencio died of complication of UNKNOWNCAUSE according to the officials of the USTCAUSE according to the officials of the USTHospital.Hospital.


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Not satisfied with the findings of theNot satisfied with the findings of thehospital, petitioner requested the NBI tohospital, petitioner requested the NBI toconduct autopsy on her husband s body.conduct autopsy on her husband s body.

Consequently, the NBI ruled that Florencio sConsequently, the NBI ruled that Florencio sdeath was due to lack of care by the attendingdeath was due to lack of care by the attendingphysician in administering anaesthesia.physician in administering anaesthesia.

Pursuant to its findings, the NBIPursuant to its findings, the NBIrecommended that D r. D omingo Antonio andrecommended that D r. D omingo Antonio andD r. Erlinda Balatbat D r. Erlinda Balatbat Reyes be charged forReyes be charged forHOMI CI DE through RECKLESSHOMI CI DE through RECKLESSIMP RUDENCEIMP RUDENCE before the Office of the Citybefore the Office of the CityProsecutor.Prosecutor.


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DUTY .DUTY . They have a duty to use at least theThey have a duty to use at least thesa m e level of care that any other reasonablysa m e level of care that any other reasonablyco m petent doctor would use to treat aco m petent doctor would use to treat acondition under the sa m e circu m stancescondition under the sa m e circu m stances . .

B REACHB REACH .. The breach of these professionalThe breach of these professionalduties of skill and care or their i m proper duties of skill and care or their i m proper perfor m ance, by a physician/surgeonperfor m ance, by a physician/surgeon


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CAUSATION .CAUSATION . Divided into two inquiries: whether Divided into two inquiries: whether

the doctors acti ons in f act caused the harm to the the doctors acti ons in f act caused the harm to the patient and whether these were the pr oximate patient and whether these were the pr oximate cause of the patients injury.cause of the patients injury.

The attending surge ons did not conduct the The attending surge ons did not conduct the necessary intervie w of the patient prior tonecessary intervie w of the patient prior tothe operati on. the operati on.

An antid ote was readily available toAn antid ote was readily available tocounteract whatever deleteri ous e ff ect the counteract whatever deleteri ous e ff ect the anaesthesia might pr oduce but was not used.anaesthesia might pr oduce but was not used.


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INJ URYINJ URY .. S ix hours a f ter the surgery, S ix hours a f ter the surgery,

however, Florenci o died of complicati on of however, Florenci o died of complicati on of UN KNOWN CAUSEUN KNOWN CAUSE


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MAL PRACT ICEMAL PRACT ICE


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MAL PRACT ICEMAL PRACT ICE

Failure of o ne rendering pr of essi onal services to exercise that degree of skill & learning comm only applied by the average prudent

member of the pr of essi on

Results in injury, loss or damage to the recipient of those services

S tepping bey ond ones auth ority with seri ous consequences


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DOCTRINES A PP LIED INDOCTRINES A PP LIED INNURSING MALP RACTICENURSING MALP RACTICE


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RES IPSA LOQUITUR

The thing or the transacti on speaks for itsel f

The f act of the occurrence of an injury, taken with surr ounding circumstances, may permit an inf erence or raise a presumpti on

of negligence


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RES IPSA LOQUITUR

That the injury was of such nature that it would not normally occur unless there was a negligent act on the part of s ome one.

That the injury was caused by an agency within the contr ol of the de f endant.

That the plainti ff him/hersel f did not engage in any manner that would tend to bring ab out the injury.


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EXAMP L ES O F RES IPSA L OQU ITUR

Af ter administrati on of injecti on to the patients butt ocks, the patient experienced extreme pain

and was subsequently paralyzed.

Presence of sp onges in the patients abd omen a f ter an operati on

Fracture on a ne wly-delivered baby born by breech presentati on


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Doctrine of C ontributory N egligence ( Doctrine of C ommon Fa ult)

It applies to cases where a plainti ff , thr oughhis own negligence, contributed to the harm

he su ff ered

A pedestrian cr osses a r oad negligently and is hit by a driver who w as driving negligently.

A patients careless conduct contributes to his own injury.


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Doctrine of C ontinuing N egligence

Fa ilure of a defend a nt nurse to a ppr a ise,investig a te or ex a mine his/her p a tients

injury with re a son a ble c a re & skill,which f a ilure constitutes a continuinga ct of negligence


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Doctrine of Las t C le a r Cha nce

Most comm only applied to aut o accidents, a typical case of last clear chance wo uld be when one driver

drif ts over the center line, and this acti on was noted by an on-coming driver who pr oceeds without taking simple evasive acti on, crashes into the f irst driver, and is thus liable for the injuries to the f irst driver who w as over the line.


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Doctrine of Ass umption of R i sk

The plainti ff , in advance, has consented to relieve thede f endant of an obligati on of conduct tow ard him or her and to take a chance of injury f r om a kn ow n riskensuing f r om what the de f endant is to do

The consequence is that the de f endant is unburdened of all legal duty to the plainti ff and, there fore, cann ot be held liable in negligence.

Assumpti on of risk does not abs olve a de f endant of liability for reckless conduct


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This de f ense is comm only used in cases of injuries during risky recreati onal activities, such as skiing,paragliding, scuba diving, and watching car races

Doctrine of Ass umption of R i sk

The nurse up on signing an empl oyment contractassumes all the risk acc ompanying his job.(taking care of patients with highly contagi ous disease )


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Doctrine of F ore s ee a bility

D uty nurse f a ils to provide c a re, skill & tr a iningto a ll persons who a re foresee a bly end a ngeredby his/her conduct, with respect to the risks

th a t m a ke the conduct unre a son a blyd a ngerous

- f a ilure to prevent/ a void foresee a ble injurym a kes the nurse a nswer a ble for the injurysust a ined


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F ellow S erv a nt Doctrine

If a servant (empl oyee ) is injured onacc ount of the negligence of his/her

follow servant (empl oyee ), the master (empl oyer ) cann ot be held liable


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R e s cue Doctrine

If a pers on who goes to the rescue of a victim in anaccident, is injured, the original wr ongd oer must beheld liable for such injury.

The principle that one who has, thr ough her negligence, endangered the sa f ety of an other can beheld liable for injuries sustained by a third pers on whoattempts to save the imperiled pers on f r om injury.


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S ydney S paretire speeds on a mountain high way, andskids in f r ont of Victor Victim, running Victim's car off thebank, trapping Victim in the vehicle. Raym ond Rightguy

st ops, ties a r ope to the grill of his car, slides dow n andextricates Victim, but on the way up slips and breaks hisarm, and then f inds the grill is badly bent.

R e s cue Doctrine

The negligent S paretire is liable toRightguy for his br oken arm (including medicalexpenses, loss of w ages and general damages for pain and su ff ering ) as well as the pr operty damageto the car grill.


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FORCE MAJEURE

Irresistible force, one that is un foreseen or inevitableFloo ds, f ire, earthquake, accidentsNurses are not held negligent on the ab ove circumstances.


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RESPON DEAT SUPERIOR

Let the master ans wer for the acts of the sub ordinate.

Liability is expanded to include the master as well as the empl oyee and not a shi f t of liability f r om the sub ordinate to the master.Applies only to those acti ons per formed by the empl oyee within the sc ope of his/her

empl oymentPrivate duty nurses who wo rks independently are liable for their own negligent acti ons.


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L IAB IL ITY F OR THE WORK O F L IAB IL ITY F OR THE WORK O F NURS ING STUDENTSNURS ING STUDENTS


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Supervision of C I sAssignments a t the students level of

tra

ining, experience, competencyGuid a nce when performing a procedure for the first time.Orient a tionFrequent a ssessment of strength a ndwe a knessesFrequent conferences

L IAB IL ITY F OR THE WORKL IAB IL ITY F OR THE WORKO F NURS ING STUDENTSO F NURS ING STUDENTS


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Medical Orders, Drugs,Medical Orders, Drugs,MedicationsMedications


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MED ICA L ORDERS, DRUGS ANDMED ICA L ORDERS, DRUGS ANDMED ICAT IONSMED ICAT IONS

An oral order given by the doctor to a nurse is legally valid alone but should be covered with a writtenorder for pr of essi onal sa f ety.

Use co mm on sense . Co urage and determinati on in veri f ying ordersExplanation of tests and treat m ent to the patient in acc ordance to the general plan of care s o that the patient can give f ull consent.

Reporting of all unfavorable psych ological or physical reacti on

The nurse must not execute an order if he/she is reas onably certain it will result in har m to thepatient .


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Intravenous TherapyIntravenous Therapy


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Duties and Responsibilities in I. V. Tx

Interpretati on of MDs ordersInserti on of cannulas and needlesPrep, administrati on/ I.V. push, monitoring, &

terminati on of IVTAdministrati on of bloo d pr oductsRec ogniti on of inc ompatibilitiesMaintenance and replacement of IVT

(f low rates, patency of tubings, dressings, inf ecti on contr ol)Management of T P NAccurate documentati on


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CONTROLLED SU BSTANCESCONTROLLED SU BSTANCES

Republic Act 6425 (Danger ous Drugs Act of 197 2) administrati on and regulati on of the manu f acture, distributi on and dispensing of contr olled drugsAuth orized pers ons sh ould be licensed and with doctors order

Kept locked in cabinets and only auth orized pers ons shall have accessCo unted and end orsed every shi f t


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TELE PH ONE ORDERSTELE PH ONE ORDERS

Legal risks misunderst oo d/misinterpreted

no signature of o rdering doctor or may later be denied in case of err ors


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TELE PH ONE ORDERSTELE PH ONE ORDERS

To be done only in an extreme emergency and when no o ther resident is available

Nurse sh ould read back the orders. RODsh ould receive the order.

Orders sh ould be signed by the doctor on

next visit within 24 hours.


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MEDICAL RECORDSMEDICAL RECORDS

S erves as legal pr otecti on for the hospital, doctors and nurse.

If it was not charted, it was not observed or done.

Charting done by nursing students

Medical rec ords in legal pr oceedings


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LEGAL RIS KS FORLEGAL RIS KS FORDEFECTIVE EQUI PM ENTDEFECTIVE EQUI PM ENT

Nurses duty to make sure that the equipments used in pr ocedures and treatments are not de f ective

Pr oper documentati on and rep orting


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RESTRAINTSRESTRAINTS

Used as last res ort; legal only to pr otect client or others f r om foreseeable harm

Co nsider hospital policy and pr ocedures

Orders must speci f y justi f icati on for restraint, type, length of time, criteria for rem oval

A nurse may be charged with assault if restraints are used when not needed.

A nurse may be charged with negligence when client injury occurs.


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CONSENTCONSENT


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INFOR MED CONSENTINFOR MED CONSENT

Emergency : no consentGoo d S amaritan La w

Re f usal to consent : Pr oper documentati on / Waiver of rights

Co nsent for sterilizati on:

Co nsensus of both husband and wif eMedically necessary (abrupti o placenta, ect opic pregnancy ) only the patient


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Nurses LiabilityNurses Liability

A nurse who per forms a pr ocedure on a client without informed consent may be

found civilly liable for committingbattery . (intentional touching)


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TORTSTORTS

A tort is an acti on or omissi on that harms s ome one

A tort is a civil wr ong made against a pers on or pr operty.

Pers on wr onged seeks compensati on for damages f elt or su ff ered as a result of the acti on or activity in questi on


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What are intentional andunintentional torts?

An unintention a l tort results fromnegligence.

An intention a l tort is a deliber a teinv a sion of someone's leg a l right.ex. assault, battery, invasion of privacy and defamation of character


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Intenti onal To rtsIntenti onal To rts

AssaultImminent threat of harm f ul or off ensive bodily contact.

Verbal or off ensive contact

ExampleThreaten to give injecti on w/o consent.


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Intenti onal To rtsIntenti onal To rtsB attery

intenti onal, unc onsented touching of an other pers on

Categ orized as simple battery and aggravated battery

Examplea ctu a lly give injection.


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Illegal Detenti on

False impris onment

Exempti ons : patient with communicable disease

mentally ill patients


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Invasion of Right to Privacyand B reach of Confidentiality

Patients have the right to:

Be lef t aloneBe f ree f r om un warranted publicity and exp osure to public vie w

No t to discl ose any informati on No t to take ph otos of clients or mal formed baby without consent


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Invasion of Right to Privacy andB reach of Confidentiality

Release of medical info to an unauth orized pers on without clients permissi on

Use of clients name or picture for health agencys advantage

Intrusi on by health care agency regarding clients a ff air

Leaving the curtains or r oo m doo r open while tx or pr ocedure is done


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Invasion of Right to Privacy andB reach of Confidentiality

Allowing others to o bserve tx without clients consent

Leaving conf used or agitated client sitting in the hall wayIntervie wing client where conversati on can be overheardAccessing medical rec ords when unauth orized to do s o


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Intenti onal To rtsIntenti onal To rtsDefa m ation

publication of false state m ents that resulton da m age to a person's reputation .

S l a nder speaking unprivileged or f alse words by which ones reputati on is damaged

Libel written words, cart oo ns or such representati ons that cause a pers on to be av oided, ridiculed or held in contempt or tend to injure him/her in work


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CR IMES, M ISDEMEANORS,CR IMES, M ISDEMEANORS,F EL ON IESF EL ON IES


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CRI MECRI ME

Act co mm itted or o m itted in violationof the lawTwo ele m ents:1 . cri m inal act2 . cri m inal intent

Conspiracy to co mm it a cri m e when 2 or m ore persons agree toco mm it a felony and decide to do it


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CLASSIFICATION OF FELONSCLASSIFICATION OF FELONS

Principal

take a direct part in the executi on of the f elonydirectly force or induce others to commit itcoo perate in the commissi on of the

off ense by an other act without which the crime would not have been committed or acc omplished


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Acco m plices

No t being principals, coo perate in the executi on of the off ense by previ ous or simultane ous actsaccess ories be fore the f act


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Accessories

pr of iting or assisting the off ender to pr of it by the e ff ects of the crime

concealing or destr oying the body of the crime, or e ff ects or instruments there of , in

order to prevent its disc overy


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Accessoriesharb oring, concealing, or assisting in the escape of the principals of the crime, pr ovided the access ory acts with abuse of his/her public f uncti ons or whenever the auth or of the crime is guilty of treas on, parricide, murder, or an attempt to take the lif e of the Chie f Executive, or is kn own tobe habitually guilty of s ome other crime



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CR IMECR IMECriminal acti ons deal with acts or off enses

against public welf are

Criminal negligence Reckless imprudenceS imple imprudence

Criminal intent has 2 requirements(1) does an unla wf ul act (2) does it intenti onally.


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F EL ON IES & M ISDEMEANORSF EL ON IES & M ISDEMEANORS

Acts and omissi ons punishable by law

S erious crime, punishable more severely than a misdemean or

Felony is punishable by death or impris onment in excess of o ne year.

Misdemean or is punishable by exactly one year or less.


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CLASSES OF FELONIESCLASSES OF FELONIES

According to the degree of the acts of execution :

1. Co nsummated all elements necessary

for its executi on and acc omplishment are present


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2. Frustrated off ender per forms all the acts or executi on which will pr oduce the f elony as a consequence but which nevertheless,

do not pr oduce it by reas on of causes independent of the will of the perpetrat or


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3. Attempted off ender commences the commissi on of the same directly by overt acts, and does not per form all the acts or executi on which shall pr oduce the f elony, by reas on of s ome cause or accident other than his own sp ontane ous desistance


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According to the degree of punish m ent

1. Grave law attaches capital punishment or penalties which in any of their peri ods are a ff lictive ( impris onment of 6 years and 1 day and f ine not exceeding 6,000 Php )


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2. Less grave - law punishes with penalties which in their maximum peri od are correcti onal (impris onment f r om 1 month

and 1 day to 6 years or a f ine not exceeding 6,000 Php but not less than 200 Php )


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3. Light inf racti ons of law fo r the commissi on of which the penalty of arrest o men or (impris onment of 1 day to 30 days or a f ine not exceeding 200 Php or both of w hich are

imp osed )- punishable only when they have when they have been consummated, with the excepti on of those committed against a pers on or pr operty

CIRCU MSTANCES AFFECTINGCIRCU MSTANCES AFFECTING


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CIRCU MSTANCES AFFECTINGCIRCU MSTANCES AFFECTINGCRI MINAL LIABILITYCRI MINAL LIABILITY

A. J usti f ying Circumstances 1. Acts of de f ense of pers on or right

a. Unla wf ul aggressi on on the part of the off ended or injured party


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JUSTIFYING CIRCU MSTANCESJUSTIFYING CIRCU MSTANCES

b. Reas onable necessity for the means empl oyed by the pers on de f ending him/hersel f to prevent such aggressi on


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JUSTIFYING CIRSU MSTANCESJUSTIFYING CIRSU MSTANCES

c. Lack of su ff icient pr ovocati on on the part of the pers on de f ending him/hersel f


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CRI MINAL LIABILITYCRI MINAL LIABILITY

B. Exempting Circumstances1. Imbecile or insane, unless has acted during a

lucid interval

2. Under 9 years old3. Over 9 years old and under 15 unless acted with discernment


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EXE MP TING CIRCU MSTANCESEXE MP TING CIRCU MSTANCES

4. Per forms act with due care but commits an accident without f ault or intenti on of causing it

5. Acts under the compulsi on of an irresistible force


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EXE MP TING CIRCU MSTANCESEXE MP TING CIRCU MSTANCES

6 . Acts under the impulse of a nuncontroll a ble fe a r of a n equ a l orgre a ter injury

7 . F a ils to perform a n a ct requiredby l a w, when prevented by somela wful or insuper a ble c a use


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C. Mitig a ting Circumst a nces do not constitute justific a tionor excuse of the offense inquestion, but which, inf a irness a nd mercy, m a y beconsidered a s extenu a ting(expl a n a tory/justifying) orreducing the degree of mor a lculp a bility


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MITIGATING CIRCU MSTANCESMITIGATING CIRCU MSTANCES

1. Offender h a s no intention tocommit so gr a ve a wrong a s

the one committed

2. Offender is under 1 8 or over

7 0 ye a rs old


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3 . Sufficient provoc a tion orthre a t on the p a rt of theoffended p a rty

immedia

tely precedes thea ct


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10 5


5 . Person a cts upon a powerfulimpulse6

. Offender volunta

rilysurrenders to a uthority orconfesses guilt before the courtprior to present a tion of

evidence


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10 6


8 . D efender is de a f a nd dumb,blind or suffering from physic a ldefect, defense or communic a tion9 . Offender is suffering from illnessa s would diminish exercise of willpower, depriving him/her of consciousness of a cts


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10 7


D . Aggr a v a ting Circumst a nces a ttending the commission of a crime a nd which incre a se thecrimin a l li a bility of the offendera nd m a ke guilt more severe


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10 8

AGGRAVATING CIRCU MSTANCESAGGRAVATING CIRCU MSTANCES

1. Offender t a kes a dv a nt a geof his/her public position

2. Committed in contempt orinsult to public a uthorities


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10 9


3 . Act committed with insult ordisreg a rd of respect of the offendedp a rty on a ccount of his/her r a nk,a ge, sex or committed in thedwelling of the committed p a rty, if the l a tter h a s not given provoc a tion


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110

AGGRAVATING CIRCU MSTANCECSAGGRAVATING CIRCU MSTANCECS

4 . Act committed with a buseor confidence or obviousungr a tefulness

5 . Crime committed in a pl a ceof worship


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111


6 . Committed during confl a gr a tion,shipwreck, e a rthqu a ke, epidemicor c a la mity a nd misfortune

7 . Committed in consider a tion of price, rew a rd or promise


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112


8 . Committed by me a ns of inund a tion (flood, deluge), fire,poison, explosion, st a ndings of a vessel or intention a l d a m a ge,involving gre a t w a ste a nd ruin


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11 3


9 . Committed with evidentpremedit a tion or a fter unl a wfulentry

10. Cr a ft (skill), fr a ud ordisguise is employed


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11 4


11. Committed a fter a n unl a wfulentry; w a ll, roof, floor, door, ordoor be broken

12. Aided by persons under 1 5 or byme a ns of motor vehicles, motorizedw a tercr a ft, a irships, or other simil a rme a ns


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11 5


1 3 . Wrong done in the commissionof the crime is deliber a telya ugmented by c a using other wrongsnot necess a ry for its commission



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11 6


D . Altern a tiveCircumst a nces must bet a ken into consider a tion a sa ggr a v a ting or mitig a tinga ccording to the n a ture a ndeffects of the crime a nd otherconditions a ttending its

commission


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11 7

Rel a tionship, intoxic a tion,degree of instruction a nd

educa

tion of the offended

ALTERNATIVE CIRCU MSTANCESALTERNATIVE CIRCU MSTANCES


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11 8


1. Rel a tionship :Aggr a v a ting : physic a l injuries

inflicted by descend a nt upona n a scend a ntMitig a ting : a ccused a ided his/her

brother in the fighta

ga

instthe offended p a rty



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11 9


2 . I ntoxic a tion :Mitig a ting : offender h a s

committed a felony in a st a te of intoxic a tion, if the s a me is noth a bitu a l or a subsequent pl a nto commit s a id felonyAggr a v a ting : if it is h a bitu a l

or intention a l



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120


3 . I lliter a cy is not in itself sufficientto be considered mitig a tingLa ck of sufficient intelligence a nd

knowledge should be significa

nt toones a ctMitig a ting in : r a pe, forciblea bduction, a rson, tre a son,seduction or crimes a g a instch a stity, heinous/merciless

MISDE MEANORMISDE MEANOR


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121

MISDE MEANORMISDE MEANOR

Offense inferior to felony,punish a ble by indictment or by

pa

rticula

r prescribedproceedings

INSTANCES OF MISDE MEANORINSTANCES OF MISDE MEANOR


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122

UNDER NURSING LAW OF 2002UNDER NURSING LAW OF 2002

Pr a cticing without Certific a te of Registr a tion

Using a s ones own theCertific a te of registr a tion of a nother

Usinga

n expired, suspended orrevoked Certific a tion of Registr a tion

INSTANCES OF MISDE MEANORINSTANCES OF MISDE MEANOR


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12 3

UNDER NURSING LAW OF 2002UNDER NURSING LAW OF 2002

Giving a ny f a lse evidence to theB ON in order to obt a in a Certific a teof registr a tionFa lsely posting or a dvertising a s a RN or using other n a mes th a t tendto convey the impression th a t one isa

RNAppending B SN or RN to onesn a me without h a ving beenconferred the s a id degree or

re istr a tion

MINIMUM AGE OF CRI MINALMINIMUM AGE OF CRI MINAL


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12 4

RES P ONSI BILITYRES P ONSI BILITY

1 5 ye a rs old or under a t thetime of the commission of the

offense sha

ll be exempt fromcrimin a l li a bilityChild will be subjected to

intervention progr a m.

MINIMUM AGE OF CRI MINALMINIMUM AGE OF CRI MINAL


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12 5

RES P ONSI BILITYRES P ONSI BILITY

Above 1 5 but below 1 8 ye a rsold sh a ll be exempt a nd be

subjected to interventionprogr a m, unless a cted withdiscernment, in which c a se,child sh a ll be subjected toa ppropri a te proceedings

P ENALTIESP ENALTIES


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12 6


Reclusion Perpetu a 20 ye a rs a nd 1 d a y to 4 0

ye a rs (Sec. 1 7 , RA 7659 )



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12 7


Reclusion Tempor a l- 12 ye a rs a nd 1 d a y to 20ye a rs



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12 8


Prision M a yor a nd Tempor a ryD isqu a lific a tion- 6 ye a rs a nd 1 d a y to 12 ye a rs,except when the pen a lty of disqu a lific a tion is imposed a s a na ccessory pen a lty, in which c a se, its

dura

tion sha

ll be tha

t of theprincip a l pen a lty



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12 9


Prision Correccion a l, Suspensiona nd D estierro- 6 months a nd 1 d a y to 6 ye a rs,except when suspension is imposeda s a n a ccessory pen a lty, in whichca se, its dur a tion sh a ll be th a t of

the3

principa

l pena

lty



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1 3 0


Arresto M a yor- 1 month a nd 1 d a y to 6 months

Arresto Menor- 1 d a y to 3 0 d a ys


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1 3 1

CR IMES RE L ATED TOCR IMES RE L ATED TONURS ING PRACT ICENURS ING PRACT ICE

CRI MES AGAINST P ERSONSCRI MES AGAINST P ERSONS


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1 3 2


1. P a rricideCrime committed by one who killshis/her f a ther, mother or childwhether legitim a te or not, or a ny of his/her a scend a nts or descend a ntsor his/her spouse

Life imprisonment to de a th



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1 33


2. MurderUnl a wful killing of a hum a n beingwith intent to killReclusion perpetu a

Nurses : de a th resulting fromcrimin a l a bortion; euth a n a si a

MURDERMURDER


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1 3 4

MURDERMURDER

With tre a chery, t a king a dv a nt a ge of superior strength, with the a id of a rmed men, or employing me a ns towe a ken the defense, or of me a ns orpersons to insure or a fford impunity(exemption from h a rm)

MURDERMURDER


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1 3 5

MURDERMURDER

I n consider a tion of a price, rew a rd,or promiseB y me a ns of inund a tion, fire,poison, explosion, shipwreck,str a nding of a vessel, der a ilment ora ss a ult upon a ra ilro a d, f a ll of a na irship, by me a ns of motor vehicles,or with the use of a ny other me a nsinvolving gre a t w a ste a nd ruin

MURDERMURDER


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1 3 6

MURDERMURDER

On occ a sion of c a la mity,e a rthqu a ke, eruption of a

volca

no, epidemic or publicca la mityWith evident premedit a tion

MURDERMURDER


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1 3 7

MURDERMURDER

With cruelty, by deliber a telya nd inhum a nly a ugmenting the

suffering of the victim, oroutr a ging or scoffing a t his/herperson or corpse

HOMICIDEHOMICIDE


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1 3 8

HOMICIDEHOMICIDE

K illing of a hum a n being by a notherMa y be committed without crimin a lintent by a ny person who killsa nother, other th a n his/her f a ther,mother or child or a ny of his/hera scend a nts or descend a nts, orspouse

GIVING ASSISTANCE TO SUICIDEGIVING ASSISTANCE TO SUICIDE


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1 3 9

GIVING ASSISTANCE TO SUICIDEGIVING ASSISTANCE TO SUICIDE

Assisting a nother to commit suicide: Prision m a yorSuch person le a ds his/hera ssist a nce to a nother to the extentof doing the killing him/herself :Reclusion perpetu a

I f suicide is not consumm a ted :Arresto m a yor


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EUT HANASIAEUT HANASIA


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1 4 1

EUT HANASIAEUT HANASIA

Active : doctor gives leth a linjection to a p a tient

Pa ssive : doctor does notresuscit a te a p a tient whosehe a rt h a s stopped; removes lifesupport

ASSISTED SUICIDEASSISTED SUICIDE


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1 4 2


A person, suffering from a nincur a ble illness or chronicintense p a in, intention a lly killshim/herself with the help of a nother person



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1 4 3


D octor prescribes medic a tion tothe p a tient who pl a ns to usethem to overdoseD octor pushes IV needle intothe a rm of a p a tient, who thempushes a switch to trigger a f a t a l injection


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INFANTICIDEINFANTICIDE


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1 45

INFANTICIDEINFANTICIDE

K illing of a child less th a n 3 d a ys of a ge ( 7 2 hours)

I mprisonment from 2 ye a rs , 4 months a nd 1 d a y to 6 ye a r


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INTENTIONAL A BORTIONINTENTIONAL A BORTION


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1 47

Pen a lty : Reclusion tempor a l, if violence upon the person of thepregn a nt wom a n is usedPrision m a yor if without usingviolence, he sh a ll a ct without theconsent of the wom a n

Prision correcciona

l : if woma

n sha

llh a ve consented

UNINTENTIONAL A BORTIONUNINTENTIONAL A BORTION


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1 48

Pen a lty : Prision correccion a lElements :

Th a t there is a pregn a nt wom a n.V iolence is used upon such pregn a ntwom a n without intending a n a bortion.V iolence is intention a lly exerted.As a result of the violence the fetusdies either in he womb or a fter h a vingbeen expelled therefrom

ABORTION P RACTICED BY THEABORTION P RACTICED BY THEWO MAN OR HER P ARENTSWO MAN OR HER P ARENTS


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1 49

WO MAN OR HER P ARENTSWO MAN OR HER P ARENTS

Pen a lty : Prision correccion a lAny wom a n who sh a ll commit thisoffense to conce a l he dishonor :Prision correccion a lPa rents a cting with the consent of s a id wom a n for the purpose of

concea

ling her dishonor : Prisioncorreccion a l

ABORTION P RACTICED BY A DOCTOR ORABORTION P RACTICED BY A DOCTOR ORMIDWIFE & DIS P ENSING A BORTIVESMIDWIFE & DIS P ENSING A BORTIVES


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1 5 0

MIDWIFE & DIS P ENSING A BORTIVESMIDWIFE & DIS P ENSING A BORTIVES

D octor a nd midwife : pen a ltyprovided in Article 2 56 ; for t a kinga dv a nt a ge of their scientificknowledge or skills

Ph a rm a cist : Arresto m a yor a nd fine

not exceeding 1,000 Php

SIMULATION OF BIRT H, SU BSTITUTION ORSIMULATION OF BIRT H, SU BSTITUTION ORABANDONE MENT OF C HILDABANDONE MENT OF C HILD


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1 5 1

ABANDONE MENT OF C HILDABANDONE MENT OF C HILD

Simul a tion of birth onewho enters in a birthcertific a te a birth th a t didnot occur



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1 5 2


Substitution of one child fora nother or conce a ling ora b a ndoning of legitim a te childwith intent to c a use child tolose his/her civil st a tus



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1 5 3


Pen a lty : Prision m a yor a nda fine not exceeding 1000

Php; tempor a ry speci a ldisqu a lific a tion


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1 54

D ON A T I ONS, WI LL S, A N D SUCC E SS I ON

DONAT IONDONAT ION


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1 55

Act of liber a lity whereby a persondisposes gr a tuitously of a thing orright in f a vor of a nother, whoa ccepts it

DONATIONS MORTIS CAUSADONATIONS MORTIS CAUSA


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1 56

Ta ke effect upon the de a th of the donorp a rt a ke of the n a ture of test a ment a ryprovisions, a nd sh a ll be governed by the

rules esta

blished in the Title onSuccession

DONAT IONS INTER V IVOSDONAT IONS INTER V IVOS


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1 57

Ta ke effect inter vivos sh a ll begoverned by the gener a l provisionson contr a cts a nd oblig a tions in a llth a t is not determined in this Title

WILLSWILLS


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1 58

Act whereby a person is permitted,with the form a lities prescribed byla w, to control to a cert a in degreethe disposition of his/her est a te, tot a ke effect a fter his/her de a th

KINDS OF WILLKINDS OF WILL


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1 59

Not a ria l subscribed or signed by thetest a tor or by some other person in thepresence of the test a tor a nd by his/her

express direction a nd a ttested a ndprescribed by 3 or more crediblewitnesses in the presence of thetest a tor a nd of one a nother

KINDS O F WILLKINDS O F WILL


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1 6 0

H ologr a phic entirely written,d a ted a nd signed by the test a tora nd is not subject to a ny specificform a nd need not to bewitnessed

Nuncup a tive or a l will

WITNESSES TO WILLSWITNESSES TO WILLS


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1 6 1

Of sound mind1 8 ye a rs old or a bove

Not blind, dea

f or dumbAble to re a d a nd write

CAUSES O F CAUSES O F DISA LL OWANCE O F WILL SDISA LL OWANCE O F WILL S


162/173

1 6 2

DISA LL OWANCE O F WILL SDISA LL OWANCE O F WILL S

Form a lities required by l a w h a venot been complied.

Testa

tor is insa

ne or menta

llyinc a p a ble a the time of itsexecution.

CAUSES O F CAUSES O F DISA LL OWANCE O F WILL SDISA LL OWANCE O F WILL S


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1 6 3

D SA OWANCE O W SD SA OWANCE O W S

I f executed through force or

under duress, or influence of fe a r/thre a tsFr a ught sign a ture

I f test a tor a cted by mist a ke


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Do nati on , Will, and S uccessi onDo nati on , Will, and S uccessi on


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1 65

D on a tionthe gift or contributionthe a ct of giving

Willst a te or m a nner of distributionthe leg a l document th a t cont a ins the

conditions / stipul a tionsSuccession

I s the a ssumption of someone / heir

(e.g. heir a pp a rent) who receives thedon a tion a s stipul a ted from the will.


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CAUSES OF DISIN HERITANCE OF C HILDRENCAUSES OF DISIN HERITANCE OF C HILDRENAND DESCENDANTSAND DESCENDANTS


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1 67

When found guilty of a n a ttempta g a inst the life of the test a tor,

his/her spouse, descend a nts,a scend a nts

CAUSES OF DISIN HERITANCE OFCAUSES OF DISIN HERITANCE OFCHILDREN AND DESCENDANTSCHILDREN AND DESCENDANTS


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1 68

I f child or descend a nt a ccused

the testa

tor of a

crime for whichthe l a w prescribes imprisonmentfor 6 ye a rs or more



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1 69

AND DESCENDANTSAND DESCENDANTS

I f will is done with violence,influence, or intimid a tionRefus a l without justifi a ble c a use



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1 7 0

Ma ltre a tment of the test a tor byword or deed

When child/descend a nt le a ds a dishonor a ble or disgr a ceful life

CAUSES OF DISIN HERITANCE OF P ARENTSCAUSES OF DISIN HERITANCE OF P ARENTSOR ASCENDANTSOR ASCENDANTS


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1 7 1

Ab a ndonment of children or if d a ughters a re induced to live a n

immor a l lifeI f convicted of a n a ttempta g a inst the life of the test a tor,

his/her spouse, descenda

nts, ora scend a nts

CAUSES OF DISIN HERITANCE OFCAUSES OF DISIN HERITANCE OFP ARENTS OR ASCENDANTSP ARENTS OR ASCENDANTS


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1 7 2

I f the test a tor is a ccused of a crimefor which the l a w prescribedimprisonment for 6 ye a rs or more

I f convicted of a dultery orconcubin a ge with the spouse of thetest a tor

Fr a ud, violence, intimid a tion, or undueinfluence

CAUSES OF DISIN HERITANCE OF P ARENTSCAUSES OF DISIN HERITANCE OF P ARENTSOR ASCENDANTSOR ASCENDANTS


173/173

Loss of p a rent a l a uthorityRefus a l to support the childrenor descend a nts withoutjustifi a ble c a useAttempt of one p a rent a g a instthe life of the other

nursing jurisprudence mam vane

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