LAW AND MIDWIVES

Law – a rule of conduct or action formally recognized as binding and enforced by a controlling authority.

Characteristics of law:

 It is a rule of conduct or action which determines what can be done and what cannot be done

 Law is obligatory which means that every person is obliged to follow the law.

 It is promulgated by legitimate authority: in the phil. The congress, the legislative branch of the
government, is the legitimate body the enacts laws

 Law is promulgated to regulate the conduct of man and maintain harmony in society.

JURISPRUDENCE- is the science of law (Webster 1981). It embraces all the laws enacted by the legislative body
of the state. All rules and regulations promulgated by those in authority, court decisions and formal principles
upon which laws are based.

Midwifery Jurisprudence – includes all laws, court decisions, legal principles and doctrines, rules and
promulgations which regulate the practice of midwifery

The practice of Midwifery is regulated by the following:

 The midwifery law

 The Constitution of the republic of the Philippines

 Rules and regulations promulgated by the board of midwifery and PRC

 Decision of the supreme court on cases relevant to midwifery practice

 The Revised Penal Code

 The Labor Code

LAWS AFFECTING MIDWIFERY PRACTICE (E.O., L.O.I., P.D., P, R.A.)

1. Executive Order - (EO) is issued by the executive branch of the government in order to implement a
constitutional mandate or a statutory provision. EOs are issued by the president of the Phil. Who heads the
executive branch of the government.

EO No. 51
The MILK CODE or the national code on the marketing of breastmilk substitutes, breastmilk supplement and
other related products. This law aims to provide safe and adequate nutrition for infants by the protection and
promotion of breastmilk .
EO No. 180
Government workers collective bargaining rights.
EO No. 174
National Drug Policy on availability, affordability of safe, effective and good quality drugs for all.
EO No. 209
The Family Code.

2. LETTER OF INSTRUCTION (LOI) - is an order issued by the president to serve as a guide to his previous decree
or order.

LOI No. 47
This law directs all schools of midwifery, social work, nursing, medicine and allied medical profession to
include family Planning in their curricula.
LOI No. 1000
This law directs government agencies to give preference to members of accredited professional organizations
when hiring employees.
LOI No. 949
The law that created primary health care system.
3. PRESEDENTIAL DECREE (PD) - is an order of the President of the Philippines. This power of the president
which allows him/her to act as a legislator was exercised during the martial law period.

PD 825
The law provides penalty for improper garbage disposal and other forms of cleanliness.
PD 996
This law provides for compulsory basic immunization for children and infants below 5 years of age.
PD 965
This is a decree requiring applicants for marriage license to receive instruction on family planning and
responsible parenthood.
PD 856
The Sanitation Code.
PD 69
Limits the number of children to four for tax exemption purposes.
PD 223
Created the Professional Regulation Commission (PRC)
PD 148
The Woman and Child labor law. It provides for the privilege of working women and states that no child below
14 years old shall be employed.
PD 48
Limits maternity leave benefits to four children.
PD 442
The labor code promotes and protects employees , self–organization and collective bargaining rights.
PD 603
The Child and Youth Welfare code. It protects the rights and promotes the welfare of children.
PD 1519
This law provided medical benefits to all government employees regardless of status of appointment.
PD 166
This law strengthened the family planning program by promoting participation of private sectors in the
formulation and implementation of program planning policies
PD 1636
This law required compulsory membership to the SSS of self –employed persons.
PD 626
The employee compensation and insurance fund. This law provided benefits to persons covered by SSS and
GSIS for immediate injury, illnesss, or disabilities.
PD 147
Declares April 21 and May as national Immunization days.
PD 1146
The new GSIS Law which covers government employees.
PD 1519
The new Medicare law benefits.
PD 568
The Role of public Health midwives are expanded under the RHCDS.
PD 169
This law requiring physicians to treat persons in case of injury resulting from any violence.
PD 46
The anti-graft and corruption law that made it punishable for any public official or employee to receive and
for private persons to give gifts on any occasion.
4. PROCLAMATION: is an official declaration by the Chief Executive or Office of the President of the Philippines
on certain programs, projects and situations:

Proclamation No. 118

Professional Regulation week is June 16 to 22
Proclamation No. 1275
Midwifery Week to be celebrated every 3 rd week of October
Proclamation No. 499
National AIDS Awareness Day
5. REPUBLIC ACT: an act passed by the Congress of the Philippines while the form of the government is a
Republic state.

R.A. 1056
This act amended the RA 349. It legalized the use of human organs for surgical, medical and scientific
purposes.
R.A. 1080
Declared that professionals who passed the board and bar exams are civil service eligible and need not take
the Civil Service Examination to be able to work in the government
R.A. 1082
The Rural Health Act . This law provided for the creation of Rural Health Units (RHU) all over the country with
the goal of promoting the health and well being of the Rural Population This act also provided for the
employment of more physicians, nurses ,midwives and sanitary inspectors who will live in their area of
assignment and help raise the health condition of the barrio people.
R.A. 9439
An Act prohibiting The Detention of Patients in Hospitals and Medical Clinics on grounds of non-payment of
hospital Bills or medical Expenses.
R.A. 4226
Hospital Licensure Act. This law required all hospitals to be licensed before it can operate.
R.A. 6425
The Dangerous Drugs Act of 1972 refers to prohibited drug which includes opium and self-inducing sedatives.
R.A. 6675
The generic Acts of 1988: important provisions to promote, encourage and require the use of generic
terminology .
R.A. 7600
Rooming in and Breastfeeding Act of 1992.
R.A. 6725
The law that strengthened the probation on discrimination against women with respect to terms and
conditions of employment.
R.A. 7305
Magna Carta of Public Health workers.
R.A. 9257
Known as the Expanded Senior’s Citizens Act of 2003.
R.A. 9262
An act defining Violence against women and their Children
R.A. 9288
An Act promulgating a Comprehensive Policy and a National System for Ensuring Newborn Screening. This
oblige helath practitioner to inform the parents about the program.