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NOTES TO NURSING JURISPRUDENCE Preponderance of evidence - Required only in civil cases - Not the same as proof beyond reasonable doubt which is required for criminal cases - Evidence which is more convincing to the court as worthy of belief than that offered in opposition thereto Beyond reasonable doubt - Required in criminal cases - Innocent until proven guilty - Evidence which produces conviction in an unprejudiced mind - Does not mean such degree of proof as excluding the possibility of error, produces absolute certainty. - Rather, moral certainty is only required Administrative cases - Mere substantial evidence Doctrine of res ipsa loquitur - Latin: The thing or the transaction speaks for itself - Can be applied with the doctrine of common knowledge - The courts determine whether a certain set of circumstances does, as a matter of law, permit a given interference - Test whether common knowledge and experience teach that with exercise of due care, the incident would not have occurred Doctrine of damnun absque injuria - Although there was physical damage, there was no legal injury - Even if there is damage, the circumstances does not entitle him to claim legal injury CRIMINAL LAW - Covered by the Revised penal code - Branch or division of public law which defines crimes, treats of their nature and provides for their punishment Felonies
They are acts ( doing an act) or omission ( not doing an act required in the statute) punishable by law - Usually punishable by the revised penal code ( RPC) - They are committed by means of : a. Deceit or dolo • When the act is performed with deliberate intent b. Fault or culpa • When the wrongful act results from imprudence, negligence, lack of foresight or lack of skill CLASSIFICATION OF FELONIES According to Manner or mode of execution a. Intentional felonies – committed by means of deceit or malice b. Culpable felonies- where the wrongful act results from imprudence, negligence, lack of foresight or lack of skill According to stage of execution a. Consummated – • all elements necessary for its execution and accomplishment are present b. Frustrated• when the offender performs all the acts of execution which would produce the felony as a consequence but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator c. attempted – • when the offender commences the commission of a felony directly by overt acts , and does not perform all the acts of execution which should produce the felony by reason of some cause of accident other than his own spontaneous desistance According to gravity a. grave felonies • those to which the law attaches the capital punishment or penalties which in any of their periods
X wanted to hit A but instead hit B superficially and killed F. "No crime. unbroken . murder. no punishment without a previous penal law") .these crimes are usually embodied in the RPC (revised penal code) Mala prohibita .are crimes which are wrong from their nature . Any person performing an act which would be an offense against person or property • Were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means Error in personae ( mistake in the identity of the victim) .merely wrong becase they are prohibited by statute .Injurious result is greater than that intended . nulla poena sine praevia lege poenali (Latin. and no punishment meted out. lit.Two officers were ordered to arrest A. Any person committing a felony ( delito) although the wrongful act done be different from that which he intended and b.Mistake in the blow . It thus prohibits the creation of ex post facto laws to the disadvantage of the defendant The maxim states that there can be no crime committed. without a violation of penal law as it existed at the time. light felonies • those infractions of law for the commission of which the penalty or arresto menor or a fine not exceeding 200 pesos or both is provided MALA IN SE VS MALA PROHIBITA Mala in se . they saw a man sleeping with his back towards the door • Then they fired at him • Turned out to be B and not A • Still they are guilty of murder • Killing of a sleeping man without making an inquiry is a felony . produces the injury and without which the result would not have occurred • Immediate cause • If the driver of the bus announced “tuguegarao” but actually it was a few minutes from the place and when a passenger would stand up and fall because the bus gained speed again. theft etc . Another consequence of this principle is that only those penalties that had already been established for the offence in the time when it was committed can be imposed Incurrence of criminal liability a.inherently immoral or wrong . by any efficient intervening cause. X is still criminally liable for attempted homicide with parricide ( father of X) Praeter intentionem . the driver is held liable for the injuries sustained . an escaped notorious convict and proceeding to the house of A.2 are afflictive in accordance with art 25 of the RPC b.this basic legal principle has been incorporated into international criminal law.Mistake in the identity Abberatio ictus .Proximate cause • That which in natural and continuous sequence . The wrong done must be direct and natural consequence of the felonious act .illegal possession of firearms Nullum crimen.rape. less grave felonies • the law punishes with penalties which in their maximum period are correctional c. his father.A slapped B and B fell on the ground and died. A is liable for the death of B even if it was mere slapping.
Fulfillment of duty or exercise of a right or office 6. any person who acts under the impulse of an uncontrollable fear of an equal or greater injury • If A with a revolver in his hand threw a knife at B. and ordered him to kill C. any person who acts under compulsion of an irresistible force 6.3 The proximate cause is the wrong announcement Impossible crime . Defense of strangers 4. whom he though was only sleeping. Any person who fails to perform an act required by law when prevented by some lawful or insuperable cause • A policemen who arrested a man who killed another person. causes an injury by mere accident without fault or intention of causing it 5. Absolutory causes . Defense of relatives 3.The act of a person is said to be in accordance with the law .The person is deemed not to have transgressed the law and is free from both criminal and civil liability .There was a crime committed and there is a criminal but for • reasons of public policy. The incident happened on a Saturday and the police only filed the report on Monday. were it not for the inherent impossibility of its accomplishment on account of the employment of inadequate or ineffectual means . They are excused because there is no court on week ends. Imbecile or insane person unless acting during lucid interval 2. Over nine years and under 15 unless he has acted with discernment 4.No crime. any person.A saw B lying down. no penal liability Non-imputability . grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions that make the act voluntary or negligent A person must act with malice or negligence to be criminally liable • One who acts without intelligence. the latter can ask exemption from criminal liability if he stabbed C to death 7. who while performing a lawful act with due care. So with intent to kill. Avoidance of greater evil or injury 5. It turned out that B had been dead 30 minutes ago. . he will shoot B. he stabbed B several times on his chest. freedom of action or intent does not act with malice • One who acts without negligence. a person sleeping nearby otherwise. Person under nine years of age 3.the law provides for a punishment because there is a criminal tendency on the part of the offender even if there was inherent impossibility of the means employed CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 1. no criminal liability 1.Penalty of arresto mayor or a fine ranging from 200 to 500 . There is lack of sufficient provocation on the part of the person defending himself ( you must not be the initiator of the unlawful aggression) 2.Act performed with malice which would have been an offense against persons or property. Exempting circumstances . There is reasonable necessity of the means employed to prevent or repel the act of aggression 3. Prevented by lawful or insuperable cause 3. Obedience to an order of a superior 2. Self defense • All elements must concur 1. freedom or action or fault does not act with negligence - - 1. There must be an unlawful aggression on the other party 2. Justifying circumstances .
ascendants. Arresto menor – 1 day to 30 days b. Prision mayor – 6 years 1 day to 12 years 3. his spouse .One binds himself with respect to another. ascendants. D. Afflictive penalties a. the person fell on the ground on a rock and died) 4.Meeting of the minds between two persons . Offender is under 18 years or over 70 years old 3. C. Offender had not intention to commit so grave a wrong as that committed ( pinching but due to it. When there was sufficient provocation or threat on the part of the offended party that immediately preceded the act . E. Deaf and dumb. Suspension d.Those which do not entirely free the actor from penal responsibility but serve only to lessen or reduce the penalty imposable 1. B. Perpetual or temporary absolute disqualification d. Public censure --------------CONTRACTS . Acting upon an impulse so powerful. Illness that would diminish will power without depriving him of consciousness 10. Prision correctional . sisters or relatives by affinity within the same degrees except those provided by law ( understood that families protect each other) Spouse or parent who inflicts less serious or slight physical injuries on their spouse/ daughters when caught in the act of sexual intercourse with another Any person who entered another’s dwelling to prevent serious harm to himself and the occupants Theft or swindling or malicious mischief committed by spouses. brothers.6 months. Destierro 4. brothers or sisters or relatives by affinity within the same degrees 6. 1 day to 20 years c. 5. to give something or render some service A. Perp. An act in vindication of a grave offense to the person committing the felony . Or temp special disqualification e. Reclusion perpetua. Death 2. defense or communication with his fellow beings 9. or descendants or relatives by affinity in the same line. Correctional penalties a. Mitigating circumstances . Light penalties a. 1 day to 6 years b. descendants . Voluntary surrender 8. Capital punishment a. ascendants. IF living together Instigation – innocent and was only induced by the public officer to commit the crimes and the officer is a principal by inducement or by indispensable cooperation. as naturally to have produced passion or obfuscation 7.30 years b. Similar or analogous cases CLASSIFICATION OF PENALTIES 1.4 Those where the actors are granted freedom from charge Immunity from burden for reasons of public policy or sentiment even if it constitutes as a crime Accessories with respect to their spouses . Reclusion temporal – 12 Years. blind in two eyes or suffering from physical defect which restricts his means of action . Arresto mayor – 1 month 1 day to 6 months c. Incomplete justifying or exempting circumstances (when not all the elements are present to be justified or exempt) 2. 4.
It must be registered • Chattel mortgage – LTO • Large cattle – municipal hall Fraud . Law requires form in order to be enforceable Statute of frauds . Accidental elements – exist only when the parties stipulate so Stages in the life of a contract a.All forms of simulated ( merely made-up) contracts b. Consent • Concurrence of the wills of contracting parties • Agreement as to object and cause • Perfected from the mere meeting of the minds • If by letter or telegram.Deliberate or intentional evasion of the normal fulfillment of an obligation 1.Regardless of form but there are exceptions: a. Objects of the contract • Thing.sale of land or any interest • Writing. Cause • Essential reason which moves the contracting parties to enter into the contract FORMS OF CONTRACTS . violence. terms and conditions c. Mutuality • Equality in both contracting parties d. Cause / consideration • Note that there must be delivery in real contracts ( affecting real properties usually) • You must abide with formalities of the law . sale or donation • Partnership when real property is involved or when immovable properties are included c. Consent b.Deceit or dolo .from moment there is knowledge of acceptance Vices of the will Mistake.5 Elements of a contract a.interest in contract of loans b. Perfection – birth of the contract c. Object which is certain c.000 • Writing. remember the status of frauds .There is no specific mandate . Generation – formation of the contract b. although any form could do • Donations of personal property – writing if above PhP 5. undue influence and fraud Vices of declarations . Contracts must be in writing . Autonomy • Parties are free to enter and establish such stipulations . more than 500 pesos must be in writing. their assigns and heirs Essential requisites of contracts a. intimidation. Relativity • Contracts shall take effect only between the parties. Dolo incidente • Incidental fraud • Committed in the performance of a pre-existing obligation - . Obligatory force • Once perfected. if with real properties it must be in a PUBLIC document – notarized documents b. right or service which is the subject matter of the obligations which is created or established c. Essential elements a. a contract shall be obligatory to both parties b.Prevent you from fraud a. It must be in public document ( notarized) • Involves real property . Consummation – fulfillment of purpose of the contract Essential characteristics of a contract a. When the law requires a form in order to be valid b. presumed by law c. Natural elements – nature of contract .
Unenforceable d. Representative and absentee • When the absentee suffers damage of more than ¼ of the value of the things . Undue influence f.Why: entered into without or in excess of authority . REFORMATION . or they did not comply with statute of frauds or there is no legal capacity for one party Void contracts a. Things under litigation was deprived when without knowledge of the litigant e. There must be a valid or voidable contract b. Time of mistake or fraud is discovered Unenforceable contract . inequitable conduct or accident . Rescissible b. Time of violence. morals. Lack of legal capacity of the one party b. Payments made in state of insolvency ( bankrupt) to the detriment of others VOIDABLE CONTRACTS . but becomes defective because of injury or damage to either of the contracting parties or to 3rd persons Requisites a. Fraud Voidable contract can be CONVALIDATED through a.Unless they are ratified .Must be commenced within 4 years from a.Remedy granted by law to contracting parties and to 3rd persons in order to secure reparation of damages caused by the contract. Intimidation e. Violence d.You may request for reformation of instruments or contracts when the true intention of the parties are not expressed in the instrument . All the requisites prescribed by law for contract are present BUT • The cause. Time incapacity ends b. intimidation or undue influence ends or c. Voidable c. object or purpose is contrary to law. fraud. Must be economic or financial prejudice or damage c. Those declared by law to be rescissible f.Why: because of mistake. even if it was valid . The remedy is : file for damages Dolo causante • Casual fraud • Fraud employed at the time of the execution of the contract in order to secure consent. Mistake c.Those in which all the essential elements are present but the element of consent is vitiated because of a. Those undertaken in fraud of creditors when they cannot claim was is due them d. Void and inexistent RESCISSION . Prescription b.Those which cannot be enforced by a proper action in court . • Remedy: annulment because of vitiated consent c. Ratification c. Guardians and wards • When the ward suffers damage by more than ¼ of the value of the things or objects b. Loss of the thing which is the object of the contract through fraud or fault of the person entitled to annul the contract PRESCRIPTIVE PERIOD .Remedy: reformation in order to reflect the true intention and nature of the contract Classes of Defective contracts a.6 • 2.It is a valid contract . Mutual restitution of the object and cause ( giving back of what was taken or given) Contracts which may be rescinded: a.
Are prohibited by the law c. Language or dialect known to testator ( the one who died and who made the will) c.Witnesses everything from signing and from execution of the will .You cannot be at fault when you go to court and demand to exercise a right . Declared by law to be void Inexistent contracts . then designate 2 person to read it and communicate to him in more practicable manner the contents thereof ( problema nyo na kung deaf siya at di makarinig. j.must be at least 18 years old b. f. it leaves the parties where they are --WILLS AND SUCCESSION Succession .Property and transmissible rights and obligations existing at the time of death and also those which have accrued thereto since the opening of succession Classes of succession a. Age. h. Subscribed and sworn at the end • Must be by the testator himself or • Some other person writing the testator’s name in his presence and in his order or direction There must be witnesses • It must be attested to by 3 or more credible witness • It must be in the presence of testator and of one another • If made in another room without the testator or any of the witnesses. Legal or intestate. Must be in writing b. Signed by hand d. Testamentary – made in a will b.Mode of acquisition by virtue of which property rights and obligations ( inheritance ) are transmitted through death of a person. Be resourceful) If the testator is blind • Read to him twice • Once by witnesses and the other by the notary public d. Must be entirely written by hand of testator himself b.Act of witnessing the execution of will . Sound mind Formalities required in execution of NOtarial wills a.When both parties are at fault.no will c.The law will not aid either party to an illegal agreement. to another either by will or by operation of law Inheritance . there is a defect in the will All parties must sign in each and every page of the will on the left margin All pages must be numbered correlatively in letters placed in upper part of each page There must be an attestation clause Acknowledged before a notary public • Must be with testator and all witnesses If testator is deaf or deaf-mute • Must personally read the will if able to do so • If cannot read.Those which lack absolutely either in fact or in law one or some or all of the essential elements of a contract Pari delicto . g. Holographic will .Entirely written and not before a notary public a. Mixed Requisites of testamentary a. e. the law will not protect them . public policy or public order b.You must go to court with clean hands .7 good customs.The law will not protect you . i. Executed in language or dialect known to testator Attestation . Dated by hand by testator c.
By implication of law ( implied by law) • Decree of legal separation • Preterition ( one heir was intentionally omitted) • Legacy or credit against 3rd person or remission of debt was provided in the will and subsequently. even if small. or legatee commits any of the acts of UNWORTHINESS c.You can file a case for annulment of the settlement if you were preterited Substitution of heir . Some overt act ( tearing or burning ) with intent to revoke c. Must be of sound mind 2.8 Note: by making a will. you control how your assets are distributed Qualifications of witnesses 1. Heir omitted is a compulsory heir in the DIRECT LINE b. subsequent document ) or some other writing executed as provided in case of wills • Codicils must also abide by the formalities required by the law in notarial wills Grounds for disallowance of wills ( FM PIES) a. Procured by undue and improper pressure and influence on the part of the beneficiary or of some other person d. Omitted heir must SURVIVE the testator Effect of preterition . Formalities required by law have not been complied with b. Convicted of falsification of document. codicil ( attachment. Any person NOT of sound mind d. Some will. Cannot read and write ( “and”) Modes of REVOCATION OF WILLS a.Whether they are living at the time of the execution of the will or born after the death of testator Requisites of preterition a. then it is not preterition c. deaf or dumb f. Less than 18 years old e. Mistake of testator or he did not intend that the instrument he signed should be his will at the time of fixing his signature . If not domiciled in the Philippines b. devisee. the testator brings an action against debtor • Substantial ( material) transformation of specific thing • When heir. Executed through force. some or all of the COMPULSORY HEIRS ( those legal heirs stated in the law) in the direct line . Not be blind or deaf or dumb and 4. under duress or influence of fear or threats f. Signature of testator was procured by fraud Institution of heirs .Annuls entirely the institution of heirs .But the legacies and devisees shall be valid • Only insofar as they are INOFFICIOUS . Blind. Insane testator or mentally incapable of making a will e.Act by virtue of which testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations Preterition or pretermission .Omission in the will of one. 18 years of age or more 3. Omission must be total or complete • Does not and has not received anything at all • If there is. Must be able to read and write • All must concur Disqualified to become witnesses a. perjury or false testimony c.Appointment of another heir so that he may enter into inheritance in default of the heir originally instituted Legitime b.
In bad faith. Refusal to support 8. You cause the preparation of will by fraud. If none. intimidation or undue influence 6. Convicted of an attempt against the life of testator. Legal cause for disinheritance must be specified in the will itself ( state the reasons) d. Reason for loss of parental authority 6.Personal property is given Devisee . intimidation or undue influence Disinheriting parents or ascendants 1. Attempt by one parent against the life of the other parent .Act of testator in depriving compulsory heir of his inheritance for causes expressly stated by law Requisites a. Disinheritance must be for a CAUSE expressly stated in the law ( if not stated in the law. a. Spouse has been the cause for legal separation 5. Accused testator of crime – punishment of more than 6 years 4. Other illegitimate children ( they still get ½ of the equivalent share of a legitimate child) Disinheritance . When you have accused the testator for a crime • Crime has punishment of 6 years or more • And it is groundless 3. ascendant or descendant 3. You cause the preparation of will by fraud. Refusal without justifiable cause to support the parent or ascendant Maltreatment by word or deed Dishonorable or disgraceful life Convicted of a crime with penalty – civil interdiction ( prevented from exercising some of your civil rights including right to property) Compulsory heir . Must be effected only through will c. unless reconciled Disinheriting a spouse 1. then legitimate parents and ascendants b. intimidation or undue influence 4. 7. Legitimate widow or widower ( spouse) c. descendants or ascendants 2. not valid) b. violence . The cause must be certain and true e. You are convicted of adultery of concubinage with the spouse of testator 4. remarries in violation of the provisions of the civil code Legacy . his spouse. Convicted of an attempt against the life of testator 2. his or her spouse .9 Part of the property of the dead person which cannot be disposed to non-heirs because it has been reserved by law to certain compulsory heirs 5. When a child or descendant has been found guilty of an attempt against the life of the testator . Accused testator of a crime – punishment of more than 6 years and it is groundless 3. You cause the preparation of will by fraud.Testamentary disposition to a person .Inherit a real property Heir . Unconditional disinheritance Causes for disinheritance 1. Loss of parental authority 7. You are convicted of adultery of concubinage with the spouse of testator 5. violence . Total disinheritance f. Unjustifiable refusal to give support to children and spouse 7. Parents have abandoned their children or induced to live a corrupt or immoral life or attempted against their virtue 2. violence . 6.The law has reserved a portion of the estate ( property of the dead person) 8. Legitimate children and descendants .
then he is 2 degrees from Y counting 1 from x to grandfather and 1 degree again from grandfather to Y .X is the brother of Y.A is the cousin of B. . so your first cousin is actually four degrees in consanguinity to you.10 Either called to succeed by operation of law or by provision of a will Grandfather Son X daughter. Y A B C Degrees of consanguinity .The diagram must follow this format in succession . then A is 4 degrees from B.