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    Hazel Anne Banzon
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    15 views37 pages

    Orca Share Media1665805104301 6986893012192998856

    Uploaded by

    Hazel Anne Banzon

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 37
    THE HUMAN PERSONS Prepared by: Ruby Requinton, RN OBJECTIVES: 1.Learn the definition of Person, Human Dignity and Conscience 2. Identify the three-fold element of human acts i.e. knowledge, reedom, and voluntariness; 3. Distinguish the different standpoint in law; and 4. Classify the different types of conscience. What is person? @ | ‘the person is seen as more than an isolated individual body, but as a dynamically interior person able to grow deeply in oneself through the others with wham he or she communicates, therefore seeing the person in terms of relation to other persons’. “any entity that has the moral right of self-determination* the kind of being that has the moral right to make its own life-choices and to live its life without being provoked interfered by others. @ = abeing that has certain capacities ar attributes constituting personhood, which in turn is defined differently by different authors in different disciplines and by different cultures in different times and places. Law: A person is a human being or a corporation recognized in law as having certain rights and obligations. Philosophy: A person is a being characterized by consciousness, rationality, and a moral sense and traditionally thought of as consisting of both a body and a mind or sould The Human Dignity The state of being worthy of honor and respect State of righteousness, integrity, and virtue in human beings. The Acts of Human Actions that proceed from the deliberate free will of man; Refer to any activity performed by man Latin maxim: Agere sequitur esse; English: “a thing acts according to its nature” Humans are RESPONSIBLE for their actions Essential Elements of Human Act. THREE-FOLD ELEMENT: KNOWLEDGE = The agent has intellectual knowledge of the act. In performing an oct with knowledge, the agent has the awareness about the means to employ as he/she performs an act. V FREEDOM = The agent is not forced to do or not do a particular action. A ia UanteoaNoloia Ke lakee MA ean Me cain aon eo Nae MUAY V VOLUNTARINESS = Requires the presence of the two other constituents, knowledge and freedom = A voluntary act is a willful act = Voluntary act = Human act; Essentially the product of the will acted upon in the light of freedom and intellectual knowledge NORMS of HUMAN ACTS: ANE = Defined as the rule of action or a principle of conduct which directs things toward a definite goal = Guiding principle of man’s reason, and only can direct human actions toward their proper goal BRANCHES OF LAW IN ACCORDANCE TO THE CONTEXT OF PHILIPPINE LEGAL SYSTEM (De Belen): o Constitutional Law — branch of ffhie'seience of law which: treats of the nature of constitutigiisy their Gdoptions and amendments, their construction GAG interoretation, anid or the validity of legal enactments gS'tested By the criterion OF their conformity of the law of thellaind Criminal Law — Branch of low which Si SSiGttiesstreansronlnels nature and provides for their punishiigiaiil = Useful pieces of evidence for cri] GS SSSiesuii hon niniUheslon death of patients - Body - Objects on or with the body - Injuries sustained - Tissues and Body Fluids - Other Medical Evidence or Finding# Civil Law = Branch of law that pertains to the ong@inizanion Or the family Gnd thie regulation of property Civil Code of the Philippines/ New CiviiGode/ RAS86(AUGUSES0)1950)= contracts, personal and family relatioAS) property Issues) dng Other civil relations, and damages in case of bre@iGhor contract and negligence: Administrative Law = branch of law wic deals with the activities or functions of executive or administrative agencies such as the “departments’. ‘bureaus’, “boards”, “commissions” or all other offices under the administrative supervision of the Office of the President Labor Law = branch of law that governs and regulates the relationship of employers and employees. = Labor Code of the Philippines/PD 442/(May 1, 1974) Art. 83 Normal Work Hours — Normal work of an employee shall not exceed 8 hours. Revised Penal Code (RPC)/ RA 3815 An Act Revising the Penal Code and Other Penal Laws (December 8, 1930) - principal legal document in the study of criminal law. Civil Service Law = Branch of law wic deals with the civil service in all branches, subdivisions, instrumentalities, and agencies of the government, including governmentowned or controlled corporations with an original charter = Civil Service Commission — Created by PD 110 dated January 26, 1973. Remedial Law * Branch of law that deals with the rules concerning pleadings, practices and procedures in all courts in the Philippines. Commercial Law = Branch of private law that provides for the rules that govern the rights, obligations, and relations of persons engaged in commerce or trade, and necessarily includes the purchase, sale, exchange, traffic, and distribution of goods, commodities, production, services or property, tangible or intangible, including the instrurnentalities and agencies by which they are promoted and the means and appliances by which they are carried out Case Law * Body of the prevailing jurisprudence or decisions of the Supreme Court interpreting the laws or the Constitution or applying them to certain sets of facts or actual cases and controversies, CASE LAW in MEDICAL NEGLIGENCE (Criminal, Civil, Administrative) CRIMINAL If crime is punished by: - RPC: felony = Special law: offense - Ordinance : infraction THREE CLASSES OF CRIME IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM @ = Criminal Negligence — committed by means of fault (culpa) = Two Types: 1. Reckless Imprudence 2. Simple Imprudence or Negligence @ Mala in se-Crime Committed By Deceit (dolo) @ =Mala prohibita- Crime Punished by Special Law INTENTIONAL CRIMES BY PHYSICIANS, - Abortion - Perjury or False Testimony - Issuance of False Certificates - Simulation of Birth, Concealment of One Child for Another and - Concealment or Abandonment of a Legitimate Child INTENTIONAL CRIMES BY ANY PERSON 0 MUTILATION — or mairning; act of physical injury that degrades the appearance or function of the human body - Female Genital Mutilation -Castration o KILLING = Abortion — may be intentional or unintentional = Suicide - Intentional killing of oneself = Medicide — Suicide accomplished w/ the aid of physician « Infanticide - Killing of any child less than three days old, whether the killer is the porent or grandparent, or any relative of the child, even a stranger . (parricide if killer is parent/ascendant; murder if committed by stranger) « Murder-Suicide — Suicide committed immediately after one or more murders Capital Punishment — Judicial killing of a human being for odious crimes = Euthanasia - also mercy killing; killing of any being for compassionate reasons = Genocide — systematic extermination of an entire national, racial, religious, or ethnic group = Parricide - deemed highest form of destruction of human life. It is committed when one kills his father, mother, or child, whether legitimate or illegitimate, or any of ascendants, or descendants, or his spouse. pre-e ata Lee . Death Penalty — Capital punishment ee ear ee Un CPLR ES SIRO eta accu e Bae ee eee es ea and 1day to 20yrs imprisonment. ieee Tae a eae Nee Be kare eae aE CTs A Ree eee ec ene Peel ae Homicide — act of killing a person; In the absence of any proof as to how the victim was killed, the crime should be characterized as homicide * Murder - malicious and unlawful killing of a human by another human: Specific intent crime; person committed an act that was actually intended to kill or seriously harm another - First Degree Murder ~ also called capital murder; most serious form of murder; involves elements like deliberate planning (defendant makes a clear-headed decision to kill the victim), premediation (showing the defendant actually thought about the killing before it occurred), or malice (requires proof that the defendant did a harmful act without just cause or legal excuse) Second Degree Murder — Killing another with malice (doing a harmful act without just cause or legal excuse) but WITHOUT premediation or deliberation Felony Murder ~ killing that happens during the course of the commission of a felony * Famacide ~ killing of another's reputation; slander; defamation; libel = Rape * Sexual Harassment - Committed in the work place, school, or training environment, by someone who has authority, influence, or moral ascendancy over the victim; Committed by the former who demands, requests, or otherwise requires any sexual favor from the latter, regardless of whether such demand, request, or requirement for submission is accepted CIVIL = Culpa contractual (breach of contract) - If a physician was contractually obligated to perform a particular health service or intervention to a patient and he/she caused the death or injuries to the latter for doing things other than he/she was contracted to do so; Breach of contract under New Civil Code of the Philippines in short = Culpa Aquiliana (Quasi-delict) - In the absence of any contractual relationship, a physician may be liable for damages or injuries sustained by any person arising from the negligent conduct of the former; quasi-delict=civil action for damage LAW CAN BE SYSTEMATICALLY CLASSIFIED FROM FOUR STANDPOINTS (Babor): @ From the Standpoint of Legislator o Divine Law — authored by God o Human Law - authored by man 0 Civil Law - enacted by the State o Ecclesiastical Law - enacted by the Church @ From the Standpoint of Duration 0 Eternal - God's divine plan for all things and to God's direction in all things for their proper order. o Temporal — promulgated by man pursuant to the fact that all human laws are temporal in nature. @ From the Standpoint of the Mode of Promulgation © Natural Etemal law apprehended by human reason: made known to man directly through his/her reason: natural moral law is the application of the natural law to ran in terms of his/her actions © Positive ~ Latin: ponere “to place an object down somewhere’, Laws that are made known or promulgated in terms of writing © Divine Positive Law - promuigated by special command of God, ex: The Decalegue or Ten Commandments of God © Human Positive Law ~ defined as an ordinance of reason, derived fiom the natural law or making a determinate pplication of the natural law, promulgated for the common goad iby a human agency in charge of society; ex Congessiona Statutes and Presidential Decrees - Ecclesiastical - Civil @ From the Standpoint of Prescription Affirmative — also called permissive or suppletory law; “bind always, but not at every moment” Negative — mandatory or prohibited laws; “bind always and at every moment” ¥ CONSCIENCE = Latin: cum alia Scientia: acting with knowledge « Referred to as the judgment of morality (goodness or badness) or acts done or about to be done = An act of the practical judgment of reason deciding upon an individual action as good and to be performed or as evil and to be avoided KINDS OF CONSCIENCE Antecedent Consequent True Erroneous Invincible/ Inculpable Vincible/ Culpable Certain Doubtful Scrupulous Lox Antecedent - draws the judgment before the action is executed; main functions: to command, to advice, to forbid, to permit . tis a preventive judgement. Consequent — judges only after an act is executed; result is either inner peace or remorse. True or Correct conscience- Sees or discerns rightly the goodness or badness of human act. It judges things as they are, that is, a judgment of what is really good as good per se, and what is evil as evil Erroneous — false conscience; judges things in a distorted or slanted manner; Considers bad acts as good, and good acts as bad. This kind of conscience may be either culpable or inculpable. Invincible Inculpable — doer of act is without fault because he/she does not know that the acts he/she does is bad/wrong, Vincible/ Culpable - moral agent has full knowledge that what he/she does is a wrong act so he is liable. Resulting from imprudence, negligence, lack of foresight, or lack of skill. Certain — subjective certainty on the legality of particular actions to be executed or not. It posits firm and categorical judgment on an act to be done because it is good, or to be omitted/ avoided as evil Doubtful - moral agent is not sure about the moral judgment. It suspends or holds in abeyance judgement on an act to be done or to be avoided due to uncertainty on its morality or immorality. Scrupulous — sees wrong when actually there is none. Extremely strict in morals, extraordinarily cautious, or fearful in doing or judging an act, agent is always afraid to commit mistakes. Lax-one that fails to see wrong even when there is actually wrong, opposite of scrupulous; arrogance and false pride. Do you have OWNS SOnUIO)N s) 1Ner@a (ON Is) Daan

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