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NURSING JURISPRUDENCE

NURSING JURISPRUDENCE

Department of law which comprises all the legal rules and principles affecting the practice of
nursing.

NURSING ETHICS

Branch of moral science that refers to the conduct or behavior or nursing practitioners which
by reason
of public approval has become customary among professional nurses.

IGNORANTIA LEGIS NON EXCUSAT

Art 3 of the Civil Code :

Ignorance of the law excuses no one from compliance therewith.

PLACE OF LAW IN THE PROFESSION

Aspects of the practice of a profession is interwoven directly or indirectly with legal rules and
sanctions :

-examination and registration of applicants for the practice of a profession ;

-the professional conduct or registered practitioner ;

-the maintenance of ethical and technical standards of the profession ;

-the illegal practice of unregistered persons ;

-exercise of the powers and duties of the board :

>examining the applicants ;

>administering the law regulating the

profession ;

-attaining normal and orderly procedure in the practice of the profession.
KNOWLEDGE OF LAW

-prevent lawsuits

-minimizing lawsuits

-settling lawsuits

LAW

A rule of civil conduct prescribed by the supreme power in a state, commanding what is right
and
prohibiting what is wrong.

CLASSIFICATION OF LAW IN GENERAL

DIVINE LAW – GOD is the author

Koran (Muslims)

Holy Bible (Roman Catholics)

All other scriptures of different religions

HUMAN LAWS – Man is the author

HUMAN LAW

PUBLIC LAW – branch of law which is concerned with the state in its political or sovereign
capacity. It
regulates the relationship between the state and its citizens.

I. CRIMINAL LAW – branch of law which treats of the nature, extent, and degrees of every
crime, and
adjust to it its adequate and necessary penalty

II. INTERNATIONAL LAW – (law of nations) branch of law which regulates the intercourse of
nations
PUBLIC INTERNATIONAL LAW – rules which conduct of independent states in their relations
with each
other

PRIVATE INTERNATIONAL LAW – (conflict of laws) rules which determines whether, in dealing
with legal
situations, the law of some other state will be recognized, be given effect, or be applied.

III. POLIT ICAL LAW – branch of law which treats the organization and administration of
government. It
defines the organization and operation of the governmental organs of the State, and regulates
the
relation between the state and the individuals that compose it.

a. CONSTITUTIONAL LAW – department of law which treats of constitutions, their
establishment,
construction, and interpretation, and of the validity of legal enactments as tested by the
criterion of
conformity to the fundamental law.

b. ADMINISTRATIVE LAW – department of law which fixes the organization and determines the
competence of the authorities which execute the law, and indicates to the individuals the
remedies for
the violation of his rights.

c. LAW OF PUBLIC ADMINISTRATION – department of law which deals with the organization and
management of the different branches of the government.

d. LAW OF PUBLIC CORPORATION – branch of law that creates a corporation having for its
object the
administration of a portion of the powers of the government, delegated to it for that purpose
(local
governments: city, municipalities)

PRIVATE LAW – a statute which relates to private matters that do not concern the public at
large. It
regulates the relationship between citizen and citizen.

CIVIL LAW – department of law that organize a family and regulate property.

>marriage
>sale

II. COMMERCIAL LAW – department of law which relates to the rights of property and the
relations of
persons engaged in commerce.

>negotiable instruments

>checks

>transportation

>insurance

III. REMEDIAL LAW – department of law which prescribes method of enforcing rights or of
obtaining
redress for their invasion.

LEGAL RIGHT

Right to which the state gives its sanction and approval.

A claim which can be enforced by legal means against the persons or the community whose
duty is to
respect it.

LEGAL REMEDIES

Judicial means for enforcing a right or redressing a wrong.

KINDS OF LEGAL REMEDIES :

ORDINARY REMEDY

EXTRA ORDINARY REMEDY

PROVISIONAL REMEDY
I.ORDINARY REMEDY

Ordinary action or suit

One party prosecutes another for the enforcement or protection of a right, or the prevention or
redress
of a wrong

II. EXTRAORDINARY REMEDY

A kind of remedy that is not granted where there is an adequate remedy in the ordinary
course of law.

KINDS OF EXTRAORDINARY REMEDY :

a. CERTIORARI – writ issued by a superior court directing an inferior court to send up to the
former some
pending proceeding, or the record and proceeding in a cause, before verdict, for review or
trial.

b. PROHIBITION – writ issued by a superior court to an inferior court, directed to the judge and
parties,
commanding them to cease from the prosecution of then suit when the person exercising
judicial or
ministerial function acted without or in excess of its or his jurisdiction, or with grave abuse of
discretion,
and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary
course of law.

c. MANDAMUS – a writ issued by a competent court compelling an inferior court, officer,
corporation, or
persons to perform a specified thing or act which pertains to its office or official duty.

d. QUO WARRANTO – a writ by which the government begins its action to recover an office or
franchise
from the person or corporation in possession of it.

III. PROVISIONAL REMEDY

Remedy provided for present need or for the immediate action

Adapted to meet a particular exigency
Temporary process that secures plaintiff against loss in pending civil case

Collateral (supplemental) proceeding

INJUNCTION – order of the court requiring a person to refrain from a particular act.
> PRELIMINARY INJUNCTION – order granted at any stage of an action prior to final
judgment.

> FINAL INJUNCTION – granted when the rights of the parties are determined.

b. RECEIVERSHIP – a party applies for appointment of a receiver has an interest in the
property or fund
which is the subject of the action or proceeding.

c. REPLEVIN – recovery of possession of personal property.

d. PRELIMINARY ATTACHMENT – property is affected as security for the satisfaction of a
judgment.

SERVICE OF PROCESS

PROCESS – means of compelling the defendant in action to appear in court.

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 suit.

a. WARRANT – writing from a competent authority directing the doing of an act, and addressed
to an
officer or person competent to do the act, and affording him from damages, if he does it.

> SEARCH WARRANT – a writing commanding a person competent to search for personal
property and
bring it before the public officer.

> ARREST WARRANT – commanding to arrest a particular person

b. SUMMONS – a writ to notify a party to appear in court to answer a complaint made against
him.
c. SUBPOENA AD TESTIFICANDUM – a writ directed to a person requiring his attendance at a
particular
time and place to testify as a witness.
d. SUBPOENA DUCES TECUM – directed to a person to appear in court AND bring with him and
produce
to the court, books, papers, and the like in his possession and which tend to elucidate the
matter in
issue.

DAMAGE and DAMAGES

DAMAGE – loss, injury or harm caused to one’s person, property, or rights.

DAMAGES – monetary compensation for such loss, injury or harm.

KINDS OF DAMAGES
(MENTAL)

MORAL – includes physical suffering, mental anguish, fright, serious anxiety, besmirched
reputation,
wounded feelings, moral shock, social humiliation.

b. EXEMPLARY – imposed by way of example or correction for the public good.

c. NOMINAL – to recognized the right of the plaintiff which has been violated.

d. TEMPERATE – compensation of some pecuniary loss that has been suffered but its amount
cannot be
proved with certainty.

e. ACTUAL – compensation of certain pecuniary loss that has been suffered.

f. LIQUIDATED – agreed by upon the parties to a contract, to be paid in case of breach.
JURISDICTION and VENUE
JURISDICTION – authority of the court to entertain a particular kind of action and
administer a particular
kind of relief.

VENUE – a district or city in which a court having such jurisdiction may properly hear
and determine the
case.

JURISDICTION vs VENUE

>Inherent power > place
of

the court to
decide a

case > procedural
law
>substantive
> can be
agreed by

There are no secrets to success. It is the result of preparation, hard work, and learning from
failure.

PHILIPPINE NURSING ACT OF 2002 ( R.A. 9173 )

Repealing the previous PHILIPPINE NURSING LAW OF 1991 ( RA 7164 ) ;

For the protection and improvement of the NURSING PROFESSION ;

Institute measures that will result in relevant nursing education, humane working conditions,
better
career prospects and a dignified existence for nurses.

DEFINITION OF TERMS

NURSING PRACTICE – covers the three areas of nursing, namely: nursing education, nursing
services and
community health nursing.
PROFESSIONAL NURSING – a person whose name and registration / professional license
number is
entered in the Commission’s registry book and computerized database as legally authorized to
practice
the nursing profession.

DEFINITION OF TERMS

PRACTICING PROFESSIONAL NURSE – a person who is engaged in the practice of the nursing
profession
or is performing acts or activities, whether regularly or occasionally, including one who is
employed in a
government office or in private firm, company or corporation whose duties require knowledge
and
application of the nursing profession.

FOREIGN PROFESSIONAL NURSE – foreign nationals who, being licensed professional nurses in
their own
countries, are authorized to practice their profession either as holders of a certificate of
registration and
a professional identification card or a special / temporary permit in the Philippines.

DEFINITION OF TERMS

PUBLIC HEALTH INSTITUTION – any organization that pursues the aims of public health through
the
provision of services ( eg. Local Government Units through its Rural Health Units ), research
( eg.
Research Institute for Tropical Medicine ), training ( eg. College of Public Health ),
management of
programs / projects ( eg. Department of Health ) or advocacy (eg. Health Alliance for
Democracy ) to
include schools.

BOARD OF NURSING
The Chairperson and six members shall be appointed by the President of the Philippines upon
the
recommendation of the PRC.

QUALIFICATIONS OF THE CHAIRPERSON AND MEMBERS OF THE BOARD OF NURSING

☞ natural born citizen and resident of the Philippines ;
☞ member of good standing of the accredited professional organization of nurses ;

☞ registered nurse and holder of a master’s degree in nursing, education or other allied
medical
profession conferred by a college or university duly recognized by the Government, provided
that the
Chairperson and majority of the members must be holder’s of a master’s degree in nursing ;

☞ at least ten (10) years of continuous practice of the profession prior to appointment, the last
five
years of which must be in the Philippines ; and

☞ not have been convicted of any offense involving moral turpitude.

DUTIES OF THE BOARD OF NURSING

Ensure quality nursing education ;

Recommend to the PRC for the opening and closure of colleges of nursing and / or nursing
education
program ;

Conduct hearings and investigations to resolve complaints against nurse practitioners:

→ issue subpoena ad testificandum and subpoena duces

tecum ;

→ punish with contempt ;

Adopt and promulgate a Code of Ethic and a Code to technical Standard for the practice of
nursing ;

Recognize nursing specialty organization ;

Prescribe, adopt, issue and promulgates guidelines, regulations, measures, and decisions for
the
improvement of nursing practice and profession.

GROUNDS FOR REMOVAL OR SUSPENSION OF THE

BOARD MEMBERS

The President of the Philippines may remove or suspend any members of the board after
having been
given the opportunity to defend himself / herself in a proper administrative investigation to be
conducted by the commission on the following grounds :

continued neglect of duty or incompetence ;
commission or toleration of irregularities in the licensure examination ; and

unprofessional, immoral or dishonorable conduct..

NURSING EDUCATION PROGRAM

Provide sound general and professional foundation for the practice of nursing taking into
consideration
the learning outcomes based on national and universal nursing core competencies. The
learning
experience shall adhere strictly to specific requirements embodied in the prescribed
curriculum as
promulgated by the Commission on Higher Education’s policies and standards of nursing
education.

QUALIFICATIONS OF FACULTY

Registered nurse in the Philippines ;

Have at least one (1) year of clinical practice in the field of specialization ;

Member of a good standing in the accredited professional organization of nurses.

Holder of Master’s Degree in nursing education or allied medical and health sciences conferred
by a
college or university duly recognized by the government of the Republic of the Philippines.

( DEAN OF COLLEGE OF NURSING ) – at least five (5) years of experience in teaching and
supervising a
nursing education program.

SCOPE OF NURSING PRACTICE

When the person is singly or in collaboration with another, initiates and performs nursing
services to
individuals, families and communities in any health care setting.

Includes, but not limited to, nursing years during conception, labor, delivery, infancy,
childhood,
adulthood, and old age.

For independent practitioner, nurse is responsible for

* promotion of health and prevention of illness.
For health team, nurses shall collaborate with other health care providers :

* for the curative, preventive and rehabilitative aspects of

care;

* restoration of health;

* alleviation of suffering;

* peaceful death if recovery is not possible.

PROFESSION

– a calling in which its members profess to have acquired special knowledge, by training
or
experience or both, so that they may guide or advice or serve others in that special field.

CHARACTERISTICS :

> special preparation or training

> a clearly defined and comparatively permanent

membership

> acceptance of the service motive

PROFESSIONAL NURSING

(RA 7164) performance for a fee, salary, or other reward or compensation, of professional
nursing
service to individuals, families and communities in various stages of development toward the
promotion
of health, prevention of illness, restoration of health, and alleviation of suffering through (a)
utilization
of the nursing process, including assessment, planning, implementation and evaluation of
nursing care;
(b) establishment of connections with community resources and coordination of health team;
(c)
motivation of individuals, families and communities and coordination of services with other
members of
the health team; (d) participation in teaching, guidance and supervision of students in nursing
education
programs, as well as administering of nursing services in varied settings such as hospitals,
homes,
communities and like settings; undertaking consultation services and engaging in such other
activities
that require the use of knowledge and decision-making skill of a registered nurse; and (e)
undertaking
nursing and health manpower development training and research and soliciting finances
therefore, in
cooperation with the appropriate government or private agency.
PROFESSIONAL NURSING

(RA 9173) a person whose name and registration / professional license number is entered in
the
Commission’s registry book and computerized database as legally authorized to practice the
nursing
profession.

CLASSIFICATION OF NURSES:

ACCORDING TO FIELDS

INSTITUTIONAL NURSES – one employed in hospitals and similar institutions.

PUBLIC HEALTH NURSE – one who provides nursing care and counsel to persons and families,
either to
individuals or groups in clinics, in their homes, in school, and at their work place, and
cooperates with
others in the health professionals and allied technical and citizen groups in studying, planning,
and
carrying out the community health program for the prevention and the control of disease, the
care and
rehabilitation of the sick and the disabled, and the promotion of healthful living.

COMMUNITY HEALTH NURSE – one whose work is a combination of elements of both nursing
and
public health practice and takes place outside the therapeutic institution.

ACCORDING TO FIELDS

SCHOOL NURSE – one whose duties are to supplement the work of the physician in providing
for the
medical needs of students while they are in school.

OCCUPATIONAL-HEALTH or INDUSTRIAL NURSE – one who is a member of a health team whose
duties
are to conserve and promote the health and effectiveness of workers at their place of
employment.

MATERNAL AND CHILD HEALTH NURSE – one who cares for and safeguards the health of
mothers and
children.

TUBERCULOSIS NURSE – one who takes care of tuberculosis patients.
NURSE EDUCATOR – one employed in teaching or administrative staff of a school of nursing or
other
educational institution for nurses.

ACCORDING TO TYPES OF DUTY

GENERAL-DUTY NURSE – responsible for planning the nursing care of her patient; evaluates
their needs,
applies scientific principles in carrying out nursing procedures, performs prescribed
therapeutic
measures, and helps interpret them to the patients. His or her services are available to the
public at
large.
PRIVATE-DUTY NURSE – one who independently contracts with a patient or his family to give
expert
nursing care to the patient during the period she is with him. Renders professional nursing
service to a
patient, she thereby contracts to give him an individual and exclusive total nursing care.

ACCORDING TO PROFESSIONAL STATUS

ACTIVE NURSES – those who are in actual practice of nursing or those actually employed as
nurses in
government or private organizations, institutions, or agencies.

INACTIVE NURSES – those who are neither employed as nurses in government or private
organizations,
institutions, or agencies.

- nurse engaged in work or services other

than nursing.

PRACTICE OF MIDWIFE BY A NURSE

PHILIPPINE MIDWIFERY ACT ( RA 7392 ) NO person is allowed to practice or offer to practice
midwifery
in the Philippines if she does not hold a valid certificate of registration from the Board of
Midwifery and
a professional license as midwife.

REQUIREMENTS BEFORE A REGISTERED NURSE CAN PRACTICE THE MIDWIFERY PROFESSION
:

actually handled twenty (20) delivery cases as certified to by the director or chief of a duly
registered hospital or by the proper municipal, city or provincial health office;

paid the required examination fee; and

passed the examination for midwives.

PRACTICE OF MEDICINE BY A NURSE

PHILIPPINE MEDICAL ACT ( RA 2382 ) NO person shall engage in the practice of medicine in the
Philippines unless he is a holder of a valid certificate of registration duly issued to him by the
Board of
Medicine.
 EXCEPTION TO THE GENERAL RULE :

A registered nurse may legally practice medicine without being holders of certificate of
registration
as physician if :

during epidemics or national emergencies

registered physicians are not available

authorized by the Department of Health

above authorization ceases automatically when the

epidemic or national emergency is declared terminated by

the Secretary of Health.

NURSES AND INTRAVENOUS THERAPY

PHILIPPINE NURSING ACT of 1991 ( RA 7164 ) authorizes a registered nurse to administer legal
and
written prescription for treatment, therapies, medications and hypodermic, intramuscular, or
intravenous injection, provided that in the administration of intravenous injections, special
training shall
be required according to protocol established.

PHILIPPINE NURSING ACT of 2002 ( RA 9173 )

( repeals the said provision / section )

PROHIBITION IN THE PRACTICE OF NURSING

Without a certificate of registration or without having been declared exempt from examination
in
accordance with RA 9173;

Who uses as his or her own the certificate of registration of another;

Who uses an expired, suspended or revoked certificate of registration;
Who gives any false evidence to the Board of Nursing in order to obtain a certificate of
registration;
Who falsely poses or advertises as a registered nurse or uses any other means that tend to
convey the
impression that he or she is a registered nurse;

Who appends B.S.N. (Bachelor of Science in Nursing) or R.N. (Registered Nurse) to his or her
name
without having been conferred that degree or registration;

PROHIBITION IN THE PRACTICE OF NURSING

Any person who undertakes in-service educational programs or who conducts review classes
for both
local and foreign examination without permit or clearance from the {Philippine Nursing
Association}, the
Board of Nursing and {the appropriate office of the Department of Labor and Employment}
PRC;

Who, as registered and licensed nurse, abets or assist the illegal practice of a person who is
lawfully
qualified to practice nursing;

Any person or employer of nurses who violate the minimum base pay of nurses and the
incentives and
benefits that should be accorded as provided by R.A. 9173; and

Any person or the chief executive officer of a judicial entity violating any provision of R.A.
9173.

NURSES’ LICENSURE EXAMINATION

All applicants for registration as a nurse and issuance of a certificate of registration and
professional
identification card to practice nursing shall be required to pass written examination which shall
be given
by the Board in such places and dates as maybe designated by the Professional Regulation
Commission
(PRC).

QUALIFICATION FOR ADMISSION TO THE LICENSURE EXAMINATION

Citizen of the Philippines, or if a citizen or subject of a country which permits Filipino nurses to
practice
within its territorial limits on the same basis as the subject or citizen of such country, that is,
the
requirement for the registration or licensing of nurses in said country are substantially the
same as
those prescribed in RA 9173;

of good moral character;

Holder of a Bachelor’s Degree in Nursing from a college or university that complies with the
standards of
nursing education duly recognized by the proper government agency.
RECIPROCITY – the laws of foreign country or state grant the same privileges to the citizen
of our
country on the same basis as the subjects or citizen of such foreign country or state [ DO UT
DES – “ I
GIVE (you) SO THAT YOU MAY GIVE (me) ]

SCOPE OF EXAMINATION

The Board shall determine the scope of the examination for the practice of nursing in the
Philippines
taking into consideration :

 objectives of the nursing curriculum;

board areas of nursing;

other related disciplines and competencies in the subject given
(microbiology,pharmacology,education, public health,psychology…)

RATING OF EXAM

General average of at least seventy-five percent (75%) or higher;

No rating of not below sixty percent (60%) in any subject.

any examinee obtaining an average rating of 75% or higher but with a rating of below
60% in any
subject shall be required to take the examination again but only on subject rated below 60%
and must
obtain a rating of at least 75% in the subject or subjects repeated. Removal examination shall
be taken
within two (2) years after the last failed examination.

GROUNDS FOR REVOCATION AND SUSPENSION OF CERTIFICATE OF REGISTRATION /
PROFESSIONAL
LICENSE

convicted by final judgment of any criminal offense involving moral turpitude ( conduct
contrary to
justice, honesty, modesty, or good morals );

guilty of immoral or dishonorable conduct;

declared by court to be of unsound mind;

unprofessional and unethical conduct;

gross incompetence or serious ignorance;
malpractice or negligence in the practice of nursing;

use of fraud, deceit, or false statements in obtaining a certificate of registration / professional
license;

practicing the nursing profession during suspension from such
practice; and

violation of RA 9173, Code of Ethics for Nurses, Code of

Technical Standards for nursing practice, policies of the BON and

the PRC.

GROUNDS FOR REVOCATION AND SUSPENSION OF CERTIFICATE OF REGISTRATION /
PROFESSIONAL
LICENSE

THE SUSPENSION OF THE CERTIFICATE OF REGISTRATION / PROFESSIONAL LICENSE SHALL BE
FOR A
PERIOD NOT TO EXCEED FOUR (4) YEARS.

The quickest way to acquire self-confidence is to do exactly what you are afraid to do.

NURSES AND CONTRACTS

IMPORTANCE OF KNOWLEDGE OF CONTRACTS

Generally a nurse is unaware that her professional responsibilities depend upon some kind of
contractual obligations because it is a common impression that a contract is something that is
in writing
and that no agreement between parties is legally binding unless it is put in written form.

In the performance of his profession, actually enters some kind of contract, which may give
rise to many
legal consequences.

IMPORTANCE OF KNOWLEDGE OF CONTRACTS

To know that anything contrary to law cannot be stipulated in a contract without rendering
the contract
null and void.

To know the consequences in an agreement whereby one undertakes to render a service to
another for
which the latter agrees to give a certain consideration, like fee, salary, or other remuneration.

CONTRACT
Agreement which creates an obligation.

Agreement upon sufficient consideration, to do or not to do a particular thing.
( Civil Code ) meeting of minds between two persons whereby one binds himself, with respect
to the
other, to give something or to render some service.

KINDS OF CONTRACT

EXPRESS CONTRACT

- agreement is formal and stated either verbally or in writing.

- the terms and agreement are declared by the parties in writing or verbally at the time it is
entered
into.

KINDS OF CONTRACT

IMPLIED CONTRACT

- agreement in fact is presumed or inferred from the acts of the parties.

- arise from mere consent.

- from the principle of facio ut des ( I do that you may give ) .

STATUTORY REQUISITES OF A CONTRACT

( essential requisites – elements without which there can be no valid contracts )

CONSENT of the contracting parties;

OBJECT certain which is the subject matter;

CAUSE of the obligation which is established.

1. CONSENT

approval of what is proposed by another.

manifested by the meeting of the offer and the acceptance upon the thing and the cause
which are to
constitute the contract.
KINDS OF CONSENT
EXPRESS – agreed what is stipulated in the contract

IMPLIED – agreed to the consequences of the action.

INFORMED – person’s agreement to allow something to happen ( eg. consent for surgery )

2. OBJECT

the thing, right, or service which is the subject matter of obligation that is created or
established.

OBJECTS OF CONTRACT

all things which are not outside the commerce of men,

including future thing;

all rights which are not intransmissible;

future inheritance in cases expressly authorized by

law;

services not contrary to law, morals, good custom, public order, and public policy;

not an impossible thing or service.

3. CAUSE

The consideration of the contract, that is, the material cause, reason, motive, price, or
impelling
influence which induces a contracting party to enter into contract.

Something given in return for a promise.

CAUSE OF CONTRACT

must not be unlawful

not contrary to law, morals, good customs, public order, or public policy

must be sufficient

VOID OR INEXISTENT CONTRACTS
If the cause, object or purpose of the contract is contrary to law, morals, good customs, public
order, or
public policy;

If the contract is absolutely simulated (false) or fictitious (not real);

If the cause or object of the contract did not exist at the time of the making of the contract;

If the object of the contract is outside the commerce of men;

VOID OR INEXISTENT CONTRACTS

If the contract contemplates or intends a performance of an impossible service;

If the intention of the contracting parties as to the principal object of the contract cannot be
ascertained
( must be certain );

If the contract is one which is expressly prohibited or declared by law as void or invalid and
ineffective.

If the contract is a direct result of a previous illegal contract.

If we cannot do what we will, we
must will what we can.

NURSES AND WILLS

NURSES AND WILLS

WILLS – (Art. 783 Civil Code of the Phil.) an act whereby a person is permitted, with the
formalities
prescribed by law, to control to a certain degree the disposition of his estate, to take effect
after his
death.

SUCCESSION – (Ibid., Art. 774 ) mode of acquisition by virtue of which the property, rights and
obligations, to the extent of the value of the inheritance, of a person are transmitted through
his death
to another or others either by his will or by operation of law.

NURSES AND WILLS
DECEDENT – a general term applied to a person whose property is transmitted through
succession,
whether or not he left a will.
TESTATOR – a person whose property is transmitted through succession by means of a will.

TESTATRIX – a female person who left a will.

TESTAMENTARY CAPACITY

the capacity of the testator to comprehend the nature of the transaction;

to recollect the property to be disposed of and the persons who would naturally be supposed
to have
claims upon the testator;

To comprehend the manner in which the instrument will distribute his property among the
objects of his
bounty.

PERSONS QUALIFIED TO MAKE A WILL

† persons not expressly prohibited by law;

† married woman may make a will WITHOUT the consent of her husband and authority of the
court.
She may dispose of by will all her SEPARATE property, (HER) share of the conjugal partnership
or
absolute community property.

PERSONS DISQUALIFIED TO MAKE A WILL

persons of either sex under eighteen years of age;

person is not of sound mind at the time of its execution;

* to be of sound mind, the person / testator was able, at the time of making the will, to :

→ know the nature of the estate to be disposed of;

→ know the proper objects of his bounty;

→ know the character of the testamentary act.

PERSONS DISQUALIFIED TO MAKE A WILL

* The law presumes that every person is of sound mind, in the absence of proof to the
contrary. The
burden of proof that the testator was not of sound mind at the time of the making his
disposition is on
the person who opposes the probate of the will; BUT if the testator, one (1) month, or less,
before
making his will was publicly known to be insane, the person who maintains the validity of the
will must
prove that the testator made it during a lucid interval.

FORMS OF WILLS

every will must be in writing and executed in a language or dialect known to the testator.

HOLOGRAPHIC WILL

ANY WILL OTHER THAN A HOLOGRAPHIC WILL

HOLOGRAPHIC WILL

a will that is:

☞ entirely written;

☞ dated;

☞ signed by the hand of the testator

himself.

ANY WILL (not a Holographic Will)

✉ subscribed by the testator at the end of the will;

✉ subscribed by the testator whose name and the will written by some other person in his
(testator)
express direction and presence;

✉ attested and subscribed by three or more credible witnesses in the presence of the testator
and of
one another;

ANY WILL (not a Holographic Will)

✉ every page must be signed by the testator, or the person requested by the testator, and
the
instrumental witnesses;

✉ all the pages shall be numbered correlatively in letters placed on the upper part of the
page;

✉ the attestation clause must be written in a language known to the witness, otherwise, it
shall be
interpreted to them;
ANY WILL (not a Holographic Will)

✉ must be acknowledged before a notary public by the testator and the witnesses

¶ if the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so,
otherwise,
he shall designate two persons to read it and communicate to him, in some practicable
manner.

¶ if the testator is blind, the will shall be read to him twice: once, by one of the subscribing
witness,
and again, by the notary public before whom the will is acknowledged.

JOINT AND MUTUAL WILLS PROHIBITED

Two or more persons cannot make a will jointly;

In one instrument, two or more persons, either for their reciprocal benefit or for the benefit of
a third
person.

QUALIFICATIONS OF A WITNESS

Person of sound mind;

Age is eighteen (18) years or more;

Not blind, deaf or dumb;

Can read and write.

PERSONS DISQUALIFIED FROM BEING WITNESSES TO A WILL

1. domicile is not in the Philippines;

2. have been convicted of falsification of a document, perjury or false testimony

ALLOWANCE AND DISALLOWANCE OF WILLS

Allowance of wills necessary.

- no will shall pass either real or personal property unless it is proved and allowed in the
proper court.

CASES FOR A WILL TO BE DISALLOWED
The formalities required by law have not been complied with;
Testator was insane, or otherwise mentally incapable of making a will, at the time of its
execution;

Executed through force or under duress or the influence of fear, or threats;

Procured by undue and improper pressure and influence. On the part of the beneficiary or of
some
other person;

The signature of the testator was procured by fraud;

Testator acted by mistake or did not intend that the instrument he signed should be his will at
the time
of affixing his signature in the will.

Everybody can be great… because anybody can serve. You don’t have to have a college
degree to serve.
You don’t have to make your subject and verb agree to serve. You only need a heart full of
grace. A soul
generated by love.

NURSES AND CRIMINAL LIABILITIES

FELONIES

(are acts or omission punishable by law )

CLASSIFICATION OF FELONIES
(according to the degrees of the acts of execution)

CONSUMMATED – all the elements necessary for its execution and accomplishment are
present.

FRUSTRATED – 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.

ATTEMPTED – the offender commences the commission of the crime directly by overt 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 own spontaneous desistance.

PERSONS CRIMINALLY LIABLE

PRINCIPALS – who take a direct part in the execution
of the act (principal by direct participation);

- who directly force or induce other to commit

the crime (principal by inducement);

- who cooperate in the commission of the

offense by another act without which the

crime would not have been accomplished.

(principal by cooperation).

ACCOMPLICES – who, not principals, cooperate in the

execution of the offense by previous or

simultaneous acts. Also known as

“ accessories before the fact”.

PERSONS CRIMINALLY LIABLE

ACCESSORIES – those who have knowledge of the

commission of the crime and did not

participate therein either as principals or

accomplices, take part subsequent to the

commission of the crime in any of the

manner:

☞ by profiting themselves or assisting the offender

to profit by the effects of the crime;

☞ by concealing or destroying the body, the effects

or instruments of the crime;

☞ harboring, concealing, or assisting in the escape of
the principal of the crime.

- known also as “ accessories after the fact”.

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITIES

JUSTIFYING CIRCUMSTANCES

EXEMPTING CIRCUMSTANCES

MITIGATING CIRCUMSTANCES

AGGRAVATING CIRCUMSTANCES

ALTERNATIVE CIRCUMSTANCES

JUSTIFYING CIRCUMSTANCE

Anyone who acts in defense of his person or rights, provided that the following circumstances
concur:

First. Unlawful aggression;

Second. Reasonable necessity of the means employed to

prevent or repel it;

Third. Lack of sufficient provocation on the part of the

person defending himself.

Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural, or adopted brother or sister or of his relatives by affinity in the same
degrees, and
those by consanguinity within the fourth civil degree, provided that the first and second
requisites
prescribed in the next preceding circumstance are present, and the further requisite, in case
the
provocation was given by the person attacked, that the one making defense had no part
therein.
JUSTIFYING CIRCUMSTANCE

Anyone who acts in defense of the person or rights of a stranger, provided that the first and
second
requisites mentioned in the first circumstance of this article are present and that the person
defending
be not induced by revenge, resentment or other evil motive.

Any person who, in order to avoid an evil or injury, does an act which causes damage to
another,
provided that the following requisites are present:

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done

to avoid it;

Third. That there be no other practical and less harmful

means of preventing it.

Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

Any person who acts in obedience to an order issued by a superior for some lawful purposes.

EXEMPTING CIRCUMSTANCE

An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a
felony
(delito), the court shall order his the confinement in one of the hospitals or asylums
established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the
permission of
the same court.

A person under nine (9) years of age.

A person over nine (9) of age and under fifteen, unless he has acted with discernment, in
which case,
such minor shall be proceeded against in accordance with the law.

When the minor is adjudged to be criminally irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of
his family
who shall be charged with his surveillance and education; otherwise, he shall be committed to
the care
of some institution or persons.

EXEMPTING CIRCUMSTANCE
Any person who, while performing a lawful act with due care, causes an injury by mere
accident without
fault or intention of causing it.

Any person who acts under the compulsion of an irresistible force.

Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

Any person who fails to perform an act required by law, when prevented by some lawful or
insuperable
cause.

MITIGATING CIRCUMSTANCE

Those mentioned in the preceding chapter, when all the requisites necessary to justify the
acts or to
exempt from criminal liability in the respective cases are not attendant.

That the offender is under eighteen (18) years of age or over seventy (70) year. In cases of
the minor, he
shall be proceeded against in accordance with the law.

That the offender has no intention to commit so grave a wrong as that committed.

That sufficient provocation or threat on the part of the offended party immediately preceded
the act.

That the act was committed in the immediate vindication of a grave offense to the one
committing the
felony (delito) , his spouse, ascendants, descendants, legitimate, natural or adopted brothers
or sisters,
or relatives by affinity within the same degrees.

That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

MITIGATING CIRCUMSTANCE

7. That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that
he had voluntarily confessed his guilt before the court prior to the presentation of the
evidence for the
prosecution.
That the offender is deaf and dumb, blind, or otherwise suffering some physical defect which
thus
restricts his means of action, defense, or communication with his fellow beings.

Such illness of the offender as would diminished the exercise of the will-power of the offender
without
however depriving him of consciousness of his acts.

Circumstances of a similar nature and analogous to preceding number.
AGGRAVATING CIRCUMSTANCE

1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt of or with insult to the public authorities.

3. That the act be committed with insult or in disregard of

the respect due to the offended party on account of his rank, age, or sex, or that it be
committed in
the dwelling of the offended party, if the latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive, or in his presence, or
where public
authorities are engaged in the discharge of their duties or in a place dedicated to religious
worship.

AGGRAVATING CIRCUMSTANCE

6. That the crime be committed in the nighttime or in an uninhabited place, or by a band,
whenever
such circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactor shall have acted together in the commission
of an
offense, it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic,
or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by
final judgment of another crime embraced in the RPC.
AGGRAVATING CIRCUMSTANCE

10. That the offender has been previously punished for an offense to which the law attaches
an equal or
greater penalty or for two or more crimes to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of
a vessel
or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice
involving
great waste and ruin.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the
defense.

16. That the act be committed be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person,
employing
means, methods or

AGGRAVATING CIRCUMSTANCE

forms in the execution thereof which tend directly and specially to insure its execution,
without risk
to himself arising from the defense which the offended party might make.

17. That means be employed or circumstances brought about which add ignominy to the
natural effects
of the act.

18. That the crime be committed after an unlawful entry.

T here is unlawful entry when an entrance is effected by a way not intended for the
purpose.

19. That as a means to the commission of a crime a wall, roof, floor, door, or window be
broken.

20. That the crime be committed with the aid of persons under fifteen (15) years of age, or by
means of
motor vehicle, motorized watercraft, airships, or other similar means.
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other
wrong not necessary for its commission.

ALTERNATIVE CIRCUMSTANCE
- Taken into consideration as aggravating or mitigating

according to the nature and effects of the crime and other conditions attending its
commission,
these are:

> relationship – shall be taken into consideration when the offended party is the
spouse,
ascendants, descendants, legitimate, natural, or adopted brother or sister, or relative by
affinity in the
same degrees of the offender.

> intoxication – the intoxication of the offender shall be taken into consideration as
mitigating circumstance when the offender has committed a felony in a state of intoxication, if
the same
is not habitual or subsequent to the plan to commit said felony; but when the intoxication is
habitual or
intentional, it shall be considered as an aggravating circumstance.

> degree of instruction and education of the offender.

NURSES AND CRIMES

The following are crimes which a nurse may commit or encounter in the practice of nursing
profession:

☤ PARRICIDE – one who kills his father, mother, or child, whether legitimate or illegitimate, or
any of
his ascendants or descendants, or his spouse.

☤ MURDER – kills another, other than his father,

mother, or child, or any of his ascendants or

descendants, or his spouse with the following

attendant circumstance:
NURSES AND CRIMES
¶ with treachery, taking advantage of superior strength, with the aid of armed men or
means to
weaken the defense, or with the aid of means or persons to insure or afford impunity.

¶ In consideration of a price, reward, or promise.

¶ That the crime be committed by means of inundation, fire, poison, explosion, stranding of
a vessel
or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice
involving
great waste and ruin.

¶ During earthquake, eruption of volcano, destructive cyclone, epidemic, or ay other public
calamity.

¶ With evident premeditation.

¶ With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging
or scoffing at his person or corpse.

NURSES AND CRIMES

☤ HOMICIDE – is the killing of any human creature without any of the circumstance attendant
to the
crime of murder.

☤ INFANTICIDE – killing of a child less than three days of age.

☤ ABORTION – the expulsion of the fetus at a period of uterogestation (pregnancy within the
womb) so
early that it has not acquired the power of sustaining an independent life.

☤ GIVING ASSISTANCE TO SUICIDE – person who shall assist another in taking one’s own life.

☤ ILLEGAL DETENTION – person who detain another or, in any other manner deprive him of
his liberty

NURSES AND CRIMES

☤ SIMULATION OF BIRTH – person who shall substitute one child for another or who shall
conceal or
abandon any legitimate child with intent to cause such child to lose its civil status.
PROFESSIONAL NEGLIGENCE

Three (3) Essential Conditions:

a. the existence of a duty on the part of the person charge;
b. a failure to perform that duty;

c. an injury resulting from such failure.

CONDITIONS FOR THE PRINCIPLE OF RES IPSA LOQUITOR TO BE APPLICABLE

the accident must be of a kind which ordinarily does not occur in the absence of someone’s
negligence;

the accident must be caused by an agency or instrumentality within the exclusive control of
the
defendant ;

the accident must not have been due to any voluntary action or contribution on the part of
the plaintiff
(contributory negligence).

☞ Res ipsa loquitor – “the thing speaks for itself”

RESPONDEAT SUPERIOR

literally means (a) “let the superior answer” (b) “let the principal answer for the acts of his
agent” .

APPLICABLE ONLY WHEN:

♕ the relation of master and servant is shown to exist between the wrongdoer and the person
charged
;

♕ there is a resulting injury to another at the time and in respect to the transaction ;

♕ doctrine is not applicable where the injury occurs while the servant is acting outside the
legitimate
scope of his authority.

HOPE for the BEST,

but

PREPARE for the
WORST.