PROFESSIONAL GROWTH AND DEVELOPMENT

By: JEREMY HODGES,JD, USRN, RN, RM

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PROFESSIONAL GROWTH AND DEVELOPMENT
BRIEF HISTORY
First Midwifery School in Sampaloc General Hospital
(1922) - Dr Jose Fabella – the first Secretary of Health founded the first Midwifery School in the Philippines
with10 students
• Development of Midwifery in the Philippines
Midwifery started as a 6 month course to 1 year. Major function of the midwives pertained to maternal and
childhealth care (MCH). In the early years, student midwiveswere supported by the government. They had free
tuition, free board and lodging and free laundry with allowance. These students were considered as government
“pensionados”/then in 1952, Domiciliary Services (DOS) was included in the curriculum. The course ran from
one ear and six months in 1976.
Ricardo Gonzales (father of Modern Midwifery) - appointed as chairman of the Board of Midwifery in1974. He
was the director of the Jose Fabella Memorial Medical Center during this time. He was one of those who made a
study of the curriculum and a two year program. The DECS adopted this new course in 1977 and implemented
nationwide
• From then on, revision in the midwifery curriculum were made to upgrade the skills of the midwifery graduates
to be globally comparable. To this date,the BSM is being offered by some midwifery schools. This program was
approved through the CHED Memorandum Order 33 series of 2007
ETHICAL THEORIES
NATURAL LAW The system of natural law holds that man should live life according to an inherent human
nature.
Example: the declaration of independence was an assertion of natural law - the right to
be free, the right to live etc., if you believe you are entitled to these rights just by virtue
of the fact that you are alive/human, you believe in natural law.
UTILITARIANIS This theory basically promotes good or valued ends. This theory instructs adherents to
M work for those outcomes that will give the most advantage to the majority of those
affected in the most impartial way possible. To a utilitarian, it is ethically correct if the
choice that yields the greatest benefit to the most people.
TWO TYPES:
Act Utilitarianism – A person performs the acts that benefit the most people, regardless
of personal feelings or the societal constraints such as laws.
Rule Utilitarianism – this takes into account law and is considered with fairness. A rule
utilitarian seeks to benefit the most people but through the fairest and most just means
available
ETHICAL DIVISION
ACTS OF MAN HUMAN ACTS
- actions that do not involve the use of intellect and are imputable to man so as to involve his responsibility,
free will; these are actions done unconsciously and for the very reason that he puts them forth
without reason. deliberatively and with self-determination. This
involves the use of both free will and intellect; these
The natural acts of vegetative and sense faculties: are actions performed with use of reasons.
digestion, beating of the heart, growth, corporal
reactions, and visual or auditive perceptions. However, FREE WILL - the ability to choose how to act. : theability
these acts become human acts when performed under to make choices that are not controlled by fate or God.
the direction of the will, as when we look at
something, or arouse ourselves.
MORES V MORALITY
Mores Morality
customs, beliefs enforced by social pressure. speaks of a system of behavior in regards to standards of
They are the societies established patterns of right or wrong behavior. The word morality is always
action to which an individual is expected to associated with: moral standards, which is about human
conform. behavior; moral responsibility which refers to our
conscience; and moral identity, or one who is capable of
right or wrong action.
 PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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LAW OF CONSCIENCE OR NATURAL LAW
According to St. Thomas, Law is an “ordinance of reason, promulgated for the common good by the one who
has charge of a society.”
Law- is an ordinance of reason promulgated for the common good or to protect the society at large.
Conscience - is a practical judgment of reason upon an individual act as good, or as evil and to be avoided.
LAW OF CONSCIENCE VIRTUE
ensures that people cannot be forced to facilitate is a good habit that enables us to act according to
practices or procedures to which they object for reasons right reason, enlightened by faith. It is a firm
of conscience. These may include abortion, capital dispositionto act according to God’s will and
punishment, contraception, sterilization, artificial disregard the countryimpulses of our own will.
reproduction, euthanasia, assisted suicide, human
experimentation, torture, etc.
CARDINAL VALUES
Prudence able to judge between actions with regard to appropriate actions at a given
time.
Justice proper moderation between self-interest and the rights and needs of
others.
Restraints or Temperance practicing self control,abstention, and moderation.
Courage or Fortitude forbearance, endurance, andability to confront fear and uncertainty, or
intimidation.

APPLIED ETHICS applies the general concepts and principles but also specifies the particular
situation in life in which they are valid and legitimate moral. It is also called
Special ethics and deals with:
• Individual Ethics which deals with duties to God; duties to one self and
others.
• Social Ethics right to property and the right to marriage.
• Political Ethics deals with the state; the political authority and the
international authority.
• Professional Ethics is the branch of moral science which treats the
obligations which a member of a profession owes to the public, to the
profession, to his colleagues and client.
BIOETHICS the ethics of biology, biological research and the applications of that
research. It is an ethical theory that brings together medicine, the law, social
sciences, philosophy, theology, politics and other disciplines to address
questions related to clinical decision making and medical research.
PRINCIPLES OF BIOETHICS
AUTONOMY SELF- DETERMINATION
the right of competent adults to make informed decisions about their own
medical care. The principle underlies the requirement to seek the consent or
informed agreement of the patient before any investigation or treatment takes
place. Three conditions must exist for autonomous action by those with capacity
to choose:
1. Intentionality
2. Understanding
3. Absence of controlling influences that determine their action
BENEFICENCE The principle of beneficence is a moral obligation to act for the benefit of others.
There are 2 aspects of beneficence:
1. Providing benefits
2. Balancing benefits and risks/harms
NON-MALEFICENCE The principle of nonmaleficence holds that there is an obligation not to inflict
harm on others. It is closely associated with the maxim primum non nocere (first
do no harm). The principle of nonmaleficence supports the following rules:
1. Do not kill.
2. Do not cause pain or suffering.
 PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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3. Do not incapacitate.
4. Do not cause offense.
MISFEASANCE Misfeasance is the act of engaging in an action or duty but failing to perform the
duty correctly. Misfeasance refers to an action that is unintentional. However,
malfeasance is the willful and intentional act of doing harm.
JUSTICE The principle of justice as it relates to health care considers the obligation to
fairly and equitably distribute health and health care. This requires prioritization
and rationing of competing claims. In health care this might be subdivided into
categories of: fair distribution of scarce resources (distributive justice), respect
for people's rights (rights based justice) and respect for laws (legal justice).
VERACITY The principle of veracity, or truth telling, requires that healthcare providers be
honest in their interactions with patients. Veracity means that there has been full
and honest disclosure.
FIDELITY LOYALTY
Fidelity addresses a person's responsibility to be loyal and truthful in their
relationships with others. It also includes promise keeping, fulfilling
commitments, and trustworthiness.
PHILIPPINE MIDWIFERY ACT of 1992
RA 7392
SECTION 1: TITLE Philippine Midwifery Act of 1992
SECTION 2: The board shall be under direct supervision of the PRC. It shall be a collegial body
COMPOSITION OF composed of a chairman and 4 members, appointed by the President of the
BOARD OF Philippines from recommendees of Commissioner of PRC.
MIDWIFERY The Commission shall recommend 3 RMs from list submitted by association of
midwives; 1 obstetrician from list submitted by association of midwives.

CURRENT BOMs:
CHAIRMAN:
Dr. Melchor Capellan Dela Cruz Jr. —current or present chairman of BOM, practices Obstetrics and Gynecology
and Gynecologic Oncology
MEMBERS:
Hon. Liwayway M. Piedad, RN, RM
Hon. Corazon F. Landicho, RM — Awarded as National Outstanding Professional Midwife in 2020
Hon. Lourdes S. Mangahas, RM
Hon. Lerma M. Valenzuela, RM
SECTION 3: General Qualifications:
QUALIFICATIONS AND 1.) Citizen and resident of the Philippines;
2.) of good moral character;
DISQUALIFICATIONS OF 3.) At least 30 years old;
BOARD OF MEMBERS 4.) not a member of faculty, whether full time part time or lecturer, of any
school, college or university where a regular course in midwifery is taught,
and shall not have any pecuniary interest directly or indirectly, in such
institution during his term of office as a Board member.
Special Qualifications:
 PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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Chairperson of the Board:
1. Obstetrician; and
2. with at least 10 years of practice as an Obstetrician prior to appointment
One member of the Board:
1. Nurse-Midwife;
2. With at least 10 years of practice as a Nurse-Midwife prior to appointment
3 members of the Board:
1. Midwives;
2. Degree holders, preferably in the field of health and social sciences; and
3. with at least 10 years of practice as Midwives prior to appointment, 5
years of which must be in supervisory positions.
DISQUALIFICATIONS OF BOARD OF MEMBERS:
1. Members of the faculty, whether full time, part time or lecturer, of any
school, college or university where a regular course in Midwifery is taught;
and
2. Those who have pecuniary interest, directly or indirectly, in any such
school, college, or university during their terms of office as Members of the
Board.
SECTION 4: TERM OF Members of Board shall hold Office for 3 years or until their successors shall
OFFICE have been appointed and duly qualified, without prejudice to reappointment
for another term. Each member of the Board shall qualify by taking his/her
oath of office before entering upon the performance of his/her duties.
TERM TENURE
the time during which the officer may claim to represents the term during which the incumbent actually
hold office as of right, and fixes the interval holds the office. The term of office is not affected by the
after which the several incumbents shall hold-over. The tenure may be shorter than the term for
succeed one another. reasons within or beyond the power of the incumbent.

SECTION 5: DUTIES AND a.) enforce provision of this Act;

FUNCTIONS OF THE b.) Administer oaths in accordance with the provisions of this Act;
c.) Issue and, after due investigation, suspend or revoke certificates or
BOARD registration for the practice of midwifery;
d.) To investigate any violation of this Act or of the rules and regulations
issued thereunder, as may come to knowledge of the Board, and for this
purpose, to issue subpoena and subpoena duces tecum to alleged violators
or witnesses to secure their attendance in investigations or hearings, and the
production of books, papers and documents in connection therewith and
compel their attendance by the power of contempt;
e.) to conduct yearly board examinations to midwifery examinees under the
supervision of the Commission;
f.) to look, from time to time into the condition affecting the practice of
midwifery in the Philippines and adopt such measures as may be deemed
necessary for the maintenance of the standards and ethics of the profession;
g.) to adopt an official seal to authenticate its official documents.
POWERS OF BOM
QUASI-EXECUTIVE POWER to implement/enforce or carry out the policy set out in the law or statute.
QUASI-LEGISLSATIVE promulgation of laws, rules and regulations.
POWER Rule making function of the Board.
QUASI-JUDICIAL POWER conducting a hearing or investigations in violations of Midwifery Act
Investigatory/Inquisitorial Power
-to issue subpoena and subpoena duces tecum
A. Subpoena – a written order to compel an individual to give testimony
before a court. Failure to comply with such an order to appear may be
punishable as contempt.
B. Subpoena duces tecum – an order requiring a person to bring something
 PROFESSIONAL GROWTH AND DEVELOPMENT
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or to produce documents before the court and if need be, to testify it.
DISCRETIONARY POWER The right of an officer to EXERCISE HIS JUDGEMENT OR DISCRETION of what
action shall be pursued.
April 2023 BQ: Preparation of examination papers and revocation of license.
MINISTERIAL POWER Performance of an officer of an act in a prescribed manner or in the
OBEDIENCE TO THE MANDATE of a legal authority WITHOUT EXERCISING
HIS DISCRETION.
Administering oaths to successful examinees.
ENABLING POWER a legislative body grants an entity which depends on it (for authorization or
legitimacy) the power to take certain actions.
conferring additional legal powers or capacities, especially by removing a
barrier to action, suspending required permission, or relaxing oversight
Example: Issuance/granting a successful candidate with certificate of
registration.
CORRECTIVE/DIRECTING To replace lost, destroyed or mutilated certificate of registration (submit an
POWER affidavit of loss).
DISPENSING POWER Granting exemptions from the general provisions of the RA 7392.
Example: Exempting a certain person from taking the licensure examination.
EXAMINING POWER The Board examines candidates desiring to become R.M. to determine if
they are qualified to practice midwifery.
Example: CONDUCTING yearly board examination

Section 6: COMPENSATION Neglect

The of Duty and
Chairman or Non-feasance
the Members is the
of omission
the Boardor refusal, withoutthe
shall receive sufficient
SAME
OF BOM COMPENSATION granted to the Chairman and members of the boards to
excuse, to perform an act or duty, which was the officer's legal obligation of
perform.
similar nature as provided for in the General Appropriations Act.
Elements:
Any member of the Board may be removed from office by the President,
SECTION 7: REMOVAL
1. There
upon theisrecommendation
an existence of duty;
of the PRC, for neglect of duty, incompetence or
OF BOM 2. No sufficient excuse from performance of duty;
for unprofessional, immoral or dishonorable conduct, after having been
3. It was the person’s legal obligation to perform;
given the opportubity to defend himself in a proper administrative
4. The duty was
investigation not performed
conducted by the Commission.
NEGLECT OF DUTY
INCOMPETENCE Incapacity, inability or lack of qualification or fitness to discharge or perform
duties.
Example: performing suture without proper training.
DISHONORABLE Dishonorable conduct shall include, without limitation, conduct involving
CONDUCT moral turpitude, fraud, dishonesty, or otherwise demonstrating lack of good
moral character, whether or not said conduct involves the practice of
midwifery.
Example: Scandalous behaviors and immoralities.
Moral Turptitude=act of baseness, vileness, or depravity in the private and
social duties which a man owes his fellow men.
UNPROFESSIONAL unethical or unprofessional behaviour that falls short of the ethical or
CONDUCT professional standards, guides or codes of conduct, accepted by a particular
profession.
conduct unbecoming a licensee or detrimental to the best interests of the
public, including conduct contrary to recognized standards of ethics of the
licensee’s profession or conduct that endangers the health, safety or welfare
of a patient or client.

SECTION 8: SUPERVISION OF Members of the Board shall be under the general supervision of the
THE BOARD AND Professional Regulation Commission. All records, including examination
CUSTODIAN OF RECORDS papers, examination results, minutes of deliberation, records of
administrative cases and investigations of the Board shall be kept by the
Commission. April 2023 BQ
SECTION 9: RULES AND Subject to the approval of the Commission, the Board shall set ethical and
 PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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REGULATIONS professional standards for the practice of midwifery and adopt such rules and
regulations as may be necessary to carry out the provisions of this Act. Such
standards, rules and regulations shall take effect 30 days after publication in
2 national newspaper of general circulation.
SECTION 10: ANNUAL The Board shall submit annual report to the Commission at end of each
REPORT calendar year, giving a detailed report of its activities and proceedings during
the year.
SECTION 11: EXAMINATION All applicants for registraion to the practice of midwifery in the Philippines
REQUIRED shall be required to undergo an examination as required for in this Act.
SECTION 12: SCOPE OF a. ) Infant Care and feeding;
EXAMINATION b. ) Obstetrical Anatomy and physiology;
c. ) Principles of bacteriology as applied to midwife practice;
d. ) Obstetrics;
e. ) Midwifery procedures;
f. ) Domiciliary midwifery;
g. ) Community hygiene and first aid;
h. ) Nutrition;
i. ) Ethics of midwifery practice;
j. ) Primary Health Care;
k. ) Professional Growth and Development
l. ) Family Planning, and
m. ) Other subjects which the Board may deem necessary for addition or
inclusion from time to time. (DISCRETION)
SECTION 13: PRE- In order to be admitted to the midwifery examination, an applicant shall, at
REQUISITE AND the time of filing of his/her application therefor, establish to the satisfaction
to the Board that he/she:
QUALIFICATIONS OF G ood health
APPLICANTS FOR G ood moral character
EXAMINATION G raduate of midwifery in a government recognized and duly accredited
institution. (registered with CHED)
NOTE:
At the time of the issuance of a certificate of registration, the applicant shall
be a citizen of the Philippines and at least 18 years of age.
SECTION 14: SCHOOLS To be recognized as a duly accredited the school shall have:
OF MIDWIFERY  PERMIT from the Department of Education, Culture and Sports (DECS)
 at least 50 maternity beds and affiliated with an accredited hospital.
 Minimum ratio of 1 clinical instructor to 12 students in the hospital
and in the community. (1:12 ratio)
 Before allowing a student to graduate, the school shall satisfactory
show to DECS or other authorized government agencies that the
student has completed the course in midwifery, and that during the
training, the student has personally attended at least a total of twenty
(20) deliveries in the hospital and in its domiciliary services.
SECTION 15: The faculty shall have academic preparation appropriate to teaching
QUALIFICATIONS OF assignment, as follows:
 At least a bachelor's degree holder or Doctor of Medicine (M.D.) or
FACULTY  P roof of competence in field of specialization
 R egistered nurse or registered midwife with
 O ne year satisfactory teaching experience and(CBQ)
 O ne year of efficient performance in maternity ward/ community
 A registered Midwife may be allowed to Follow-up student midwives in
the community ward provided that she has at least 2 years of
experience in the area of assignment and has undergone training in the
supervision of students.
NOTE: The teaching load of a principal is 12 units.
SECTION 16: RATINGS IN To be qualified as having passed the Board examination for Midwives, a
 PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
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THE BOARD candidate must obtain a general rating of 75% in the written test with no
EXAMINATION grade lower than 50% in any subject.
April 2023 BQ
SECTION 17: REPORT OF The Board shall, within 120 days after examination, report the ratings
RESULTS OF EXAMINATION obtained by each candidate to the PRC Commissioner.
SECTION 18: ISSUANCE OF Certificate of Registration shall be issued upon payment of the required fees,
CERTIFICATE to any applicant who passes the examination. April 2023 BQ
Every certificate of registration shall show:
R egistrant full name and Serial number
O fficial seal of the board ( authenticated)
S ignatures of Board members
A ttested by the Secretary of the Board
TAKE NOTE: The issuance of a certificate of registration shall be evidence that
the person named herein is entitled to all rights and privileges of a registered
midwife until said certificate, for just cause, is suspended temporarily or
revoked
SECTION 19: REGISTRATION To pass 20 actual normal delivery cases and take and pass the board exam
OF NURSE-MIDWIFE
SECTION 20: FEES OF Applicants for examination for the practice of midwifery shall pay an
EXAMINATION AND examination fee as prescribed by the PRC.
REGISTRATION
SECTION 21: INHIBITION No person shall practice or offer to practice midwifery in the Philippines, as
AGAINST PRECTICE OF defined in this Act, without holding a valid certificate of registration and a
MIDWIFERY professional license as midwife.
*Misdemeanor – practicing WITHOUT license
(Fraudulent misrepresentation)
SECTION 22: FOREIGN No foreigner midwife shall be granted any of the rights and privileges under
RECIPROCITY this Act unless
 that his/her country requisite for admission to midwifery school and
for graduation are substantially the same in the Philippines.
 Proof of reciprocity that Philippine midwives who practices in her/his
country are accorded with THE SAME rights and privilege to its citizens.
(This document should be confirmed by the DFA, Department of Foreign
Affairs)
 The foreigner has resided in the Philippines for 3 consecutive years as
provided by the RA 5181(Permanent residence and reciprocity law)
 The applicant is a midwife/registered in his/her country.
RECIPROCITY
In international relations and treaties, the principle of reciprocity states that favors, benefits, or penalties that
are granted by one state to the citizens or legal entities of another, should be returned in kind.
In civil law, Reciprocity is based on the principle of “Du ut des” meaning I GIVE THAT YOU MAY GIVE.
SECTION 23: PRACTICE TRADITIONAL FUNCTIONS:
OF MIDWIFERY Supervise, Care and advice women during pregnancy, labor and post-partum
period.
N utrition and family planning,
I nternal examination during labor except when patient is with antenatal
bleeding;
C arrying out the written order of physicians with regard to antenatal, intra-
natal and post-natal care of the normal pregnant mother
E ssential Newborn Cares
P rocures medical supplies
I mpart health Education
E xecute emergencies measures
C onduct deliveries on her own responsibility
E xamination like leopold's maneuver
S ervices & Primary health care in the community
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Expanded Function
S uturing perineal lacerations to control bleeding (provided with training)
I njection of Vitamin K. to the Newborn
P arenteral and oral dispensing of oxytocic drugs after delivery of the
placenta
A dministration of Oresol
G iving of intravenous fluids during obstetrical emergencies provided they
have been trained for that purpose
Note: EPISIOTOMY is a malpractice act of a midwife (Episiotomy is a practice
of doctors only)
SECTION 24: REFUSAL TO The Board shall refuse to issue a certificate of registration to any person
ISSUE CERTIFICATE OF CONVICTED by a court of competent jurisdiction of any criminal offense
REGISTRATION involving MORAL TURPITUDE , and to any person guilty of IMMORAL or
DISHONORABLE CONDUCT. April 2023 BQ
The Board shall give the applicant a written statement setting forth the
reason or reasons for its action, which statement shall be incorporated in the
records of the Board.
Moral turpitude - essential element is fraud or deceit
Crimes involving moral turpitude typically include acts carried out with
reckless disregard for the potential consequences and a clear intention to
harm, defraud, or deceive another person.
SECTION 25: REVOCATION BOM have the power to revoke or suspend the validity of a certificate of
AND SUSPENSION OF registration of a midwife.
CERTIFICATES GROUNDS FOR SUSPENSION/REVOCATION:
P erforming abortion
A ssisting abortion
I ncompetence
N egligence and malpractice
F raudulent misrepresentation
U nprofessionals’ conducts
L ack of knowledge (Serious ignorance)
TAKE NOTE: Fraudulent misrepresentation uses fraud, deceit or false
statements to obtain a certificate of registration.
From the decision of the Board, appeal may be taken to the Professional
Regulation Commission which decision shall be final
NEGLIGENCE V MALPRACTICE
NEGLIGENCE MALPRACTICE
whether the injury was caused by an avoidable but injury was caused by an intentionally negligent
unintentional mistake (negligence) action
Four elements are required to establish a prima facie
case of negligence: Four elements of medical malpractice:
1. the existence of a legal duty that the defendant owed 1.) duty of care,
to the plaintiff. 2.) breach of duty of care,
2.) defendant's breach of that duty. 3.) injury caused by the breach and
3.) plaintiff's sufferance of an injury. 4.) resulting damages.
4.) proof that defendant's breach caused the injury
(proximate cause)

SECTION 26: REISSUANCE OF The Board may, for reasons of equity and justice and upon proper
REVOKED CERTIFICATES AND application therefor, issue another copy of the certificate upon payment of
REPLACEMENT OF LOST dues, and in so doing, it may exempt the applicant from the requisite
CERTIFICATES examination.
SECTION 27: PENAL MISDEMEANOR CASE
PROVISION  Any person practicing midwifery without a certificate of registration
 Any person using certificate of registration of another as his/her own
 PROFESSIONAL GROWTH AND DEVELOPMENT
By: JEREMY HODGES,JD, USRN, RN, RM
Sec.  28. Repealing Clause.
Sec.  29. Separability Clause.
Sec.  30. Effectivity Clause.
9
 Any person giving false or forged evidence to PRC in order to secure a
certificate of registration.
 Any person using a revoked or suspended certificate of registration or
any person assuming
 Any person using or advertising as registered midwife or RN-RM
without having been conferred such title by the PRC.
 Any person appending to his/her name the letters "R.M." without
having been conferred such title by the PRC (CBQ)
 Any person advertising any title description ( PhD, MAN, MBA) tending
to convey the impression (CBQ)
upon conviction, be sentenced to a:
Fine : not less than P10,000.00 nor more than P30,000.00
Imprisonment: not less than years nor more than 7 years
*Or upon the discretion of the court, be sentenced of both fine and
imprisonment. (CBQ)
RA 2644 is hereby repealed and all laws, decree, orders, instructions, rules
and regulations and other issuances or parts thereof inconsistent with this
Act are likewise repealed or amended accordingly.
If for any reason, any part or section of this Act shall be declared
unconstitutional or invalid, other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect.
This Act shall take effect upon completion of its publication in at least two
(2) national newspapers of general circulation

MIDWIVE’S CODE OF ETHICS

BOM 557
SERIES OF 1988
Preamble – to pursue and maintain a high level of ethical conduct in the practice of
introduction of the midwifery.
law
Section I The primary objective of the midwifery profession is for its members to render
service within the scope of their legitimate functions, having in mind that their
patients, regardless of religion, social or economic status, deserve respect as
human beings. A midwife should endeavor to deserve the confidence of the
patients under her care by rendering to each of them dedicated and selfless
service to the full extent of her skill and competence.
OBJECTIVE
Section II A midwife should try her best to continually improve her knowledge & skill for the
benefit of her patients and to share with her co-practitioners any valuable
practical knowledge that she may have gained by experience in the practice of
her profession.
CONTINUITY OF EDUCATION
Section III A midwife is expected to practice on a scientific basis and to desist in the
performance of any midwifery procedure which is of doubtful or questionable
propriety from the standpoint of medical or scientific principles.
DESIST FROM QUESTIONABLE PRACTICES
Section IV The midwifery profession should contribute to the safeguarding of public health
and should protect itself against the admission into its membership midwives
who are deficient in professional competence and requisite moral character. It is
incumbent upon every midwifery practitioner to observe the law, to uphold the
honor and dignity of her profession, and to adhere faithfully to professional
discipline. It is the professional duty of every midwife to bring to the attention of
the proper authority, through legitimate procedures, the illegal or unethical
conduct of any co-member of the midwifery profession, without bias or personal
animosity, but solely for the maintenance of the good name of the profession as
 PROFESSIONAL GROWTH AND DEVELOPMENT
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well as public interest and welfare.
HONOR AND DIGNITY
Section V A midwife who has accepted a patient under her care should render service to
the patient the best of her ability. She should not neglect the patient under any
circumstance within her control.
Section VI A midwife should not compromise her services to the patients under terms or
conditions which would impair the quality of patients- care.
Section 7 (VII) In the practice of midwifery, a midwife must confine the source of her income to
the midwifery services she has actually rendered. Her fees should be
commensurate with the services performed and, if need be, with the patient’s
ability to pay. It is highly improper for a midwifery practitioner to pay or receive a
commission for referral of patients made to or by her.
NO COLLECTION OF TO EXORBITANT FEES (CBQ)
Section 8 (VIII) A midwifes- legitimate functions cover performance of midwifery services only to
normal pregnant women and normal newborn infants. ATTEND AND HANDLE TO
NORMAL DELIVERY CASES ONLY. Accordingly, in a doubtful or difficult case, she
should seek consultation or refer such case to a qualified obstetrician or
physician. She should not persist in handling the case and thereby risk liability for
any injury that may arise.
Section 9 (IX) A midwife is bound by professional ethics not to reveal any information given by
her patient in the course of the Patients- care or treatment, whether such
information is addressed to her or to the attending physician, unless under the
law, she is required to testify on such information to serve the ends of justice.
CONFIDENTIALITY
Section 10 (X) The ideals of service envisioned by the midwifery profession call for a dedication
of the midwifes- capabilities not only individual but also to the community in
which she practices to the end that she may be able to contribute to the
improvement of the health of her patients and to the health and well-being of her
community.
Section 11 XI A midwife should participate in research activities or in any effort of the
midwifery profession to improve midwifery training and practice, and to take part
in establishing and maintaining conditions of employment conducive to high-
quality maternity and care.
Section XII As a member of the health team, a midwife should work with interest and
concern, together with other members of the health team, in promoting efforts
to meet the health needs of the public. The formulation of a code of midwifery
ethics that is complete and all-embracing is not feasible. A registered midwife, in
the course of her professional practice, will realize that a code of ethics, however,
well it is formulated has certain limitations. The code for instance, may not point
out how a midwife may resolve or reconcile a conflict between personal and
professional views. The code may not likewise indicate a remedy for resolving
conflict that may stem from changing social principles, goals and standards which
are held or may later be accepted by the midwifery profession. Such inadequacy
of the code ultimately leaves the midwife to herself in deciding what moral
principles should govern her course of action when faced with ethical problems in
the practice of her profession. In brief, a code of midwifery ethics, like any other
code of professional ethics, cannot be expected to cover in detail all the activities
of the midwife. Hence, a midwife is not duly bound to confine herself to the rules
set by any adopted code of midwifery ethics. However, it is incumbent upon her
to observe at all times the ideals of her profession and to adhere faithfully to the
well-recognized unwritten ethical and professional rules generally accepted by
the midwifery profession.
Section XIII This code shall take effect upon approval by the Commission and after fifteen (15)
EFFECTIVITY days following its publication in the Official Gazette. Done in the City of Manila,
this 30th day of June, 1988.
RICARDO D. GONZALES, M.D.
 PROFESSIONAL GROWTH AND DEVELOPMENT
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11
Chairman

CURRENT IMAP PRESIDENT: PATRICIA M. GOMEZ

EXECUTIVE ORDER 496
PROCEDURES AND CRITERIA FOR THE SELECTION AND RECOMMENDATION OF NOMINEES FOR APPOINTMENT
TO VACANT POSITIONS IN THE PROFESSIONAL REGULATORY BOARDS UNDER THE SUPERVISION OF THE
PROFESSIONAL REGULATION COMMISSION
ARTICLE I: DUTIES AND RESPONSIBILITIES OF THE PROFESSIONAL ORGANIZATIONS
SECTION 1. There shall be a permanent standing committee called the Committee on
Committee on Nominations in every professional organization accredited by the Professional
Nominations. Regulation Commission in accordance with the provisions of its Rules and
Regulations Governing the Regulation and Practice of Professionals, as amended.
The Committee shall be composed of the five (5) immediate past national
presidents of the organization. However, should any of the five past national
presidents be not available, the past president immediately following the last five
shall serve as Member. The most recent past president shall serve as Chairman of
the Committee.
If an organization does not have the necessary number of past presidents as
herein required, incumbent members of the Board of Directors selected by the
Board members themselves shall serve in the Committee.
SETION 2. Term of The Chairman of the Committee shall serve until replaced by the next incoming
Office. past president. The Members shall serve until replaced on. A first-in, first-out basis
through the assumption to membership of the most recent past president.
SECTION 3. Duties The Committee on Nominations shall have the following duties and
and Responsibilities. responsibilities:
A. To actively search, screen and select qualified nominees for appointment to
vacant positions in its professional regulatory Board;
B. To submit to the National Board of Directors for approval the names of the five
(5) qualified nominees, ranked in the order of preference, for every vacancy in its
professional regulatory Board; Provided, however, that if there are two or more
vacancies, a single list with appropriate rankings shall be submitted to the said
Board; and
C. To comply with all the requirements of the Professional Regulation Commission
regarding the selection and, nomination of persons for appointment to its
professional regulatory Board.
SECTION 4. Search The Committee shall actively search for persons with demonstrated outstanding
and Screening qualifications for membership in the Board, keeping in mind that appointment
Process thereto is a privilege and not a right. Nomination shall be based strictly on merit,
integrity and fitness.
SECTION 5. Criteria In addition to the qualifications required by the respective laws governing each
for Selection of profession, the nominees for appointment to the professional regulatory Board
Nominees. should meet the following criteria:
A. Proven leadership qualities as evidenced by honors, awards and citations given
by reputable organizations, and participation and involvement in the activities of
the professional organization and social and civic associations;
B. Professional competence and experience as evidenced by relevant past and
present positions held, years of professional practice, professional honors and
awards, and academic honors and degrees;
C. Impeccable integrity and a strong commitment to promote and maintain the
highest professional standards as evidenced by his personal and professional
conduct, personal interviews and the testimony of colleagues, clients and socio-
civic leaders;
D. Up-to-date knowledge of current theories, principles and practices in the
profession as evidenced by teaching and research activities, scholarly articles in
publications, participation in continuing professional education and development
programs, and advanced academic degrees; and
 PROFESSIONAL GROWTH AND DEVELOPMENT
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12
E. Must have the time, capacity and capability to perform the duties and to fulfill
the obligations of a regulatory Board Member, which include, among others, the
preparation and rating of examination papers, the hearing of administrative cases,
and the inspection of schools, colleges and universities, hospitals, industrial plants
and others.
SECTION 6. -The following shall be disqualified from being nominated:
Disqualification. A. Those who have already completed at least two (2) terms in the professional
regulatory Board so that other members who may be equally, if not more,
qualified shall have the opportunity to serve in their professional regulatory Board;
B. Those who are incumbent national officers (President, Vice President, Secretary,
Treasurer and Press Relations Officer or their equivalent positions) of the
organization; and
C. Those who directly or indirectly solicit and use influence in seeking their
nominations, for this evinces unprofessional conduct. The solicitation and use of
influence referred to herein shall be considered prima facie evidence that the
person concerned lacks the necessary qualifications for appointment to the
regulatory Board of his profession.
SECTION 8. -On the basis of the report of the Committee on Nominations, the National
Submission of List of President of the duly accredited professional organization shall submit to the
Nominees. Professional Regulation Commission the resolution of the National Board of
Directors recommending not more than five (5) nominees, ranked in the order of
preference, for appointment to each vacancy in the professional regulatory Board;
Provided, however, that if two or more vacancies exist, a single list with
appropriate rankings shall be submitted.

The list shall be submitted not later than three (3) months before the vacancy
occurs. The nominations submitted to the Commission shall be valid for the
present vacancy to be filled. Subsequent vacancies that may occur will require
another list of nominees, which mayor may not include those who have not been
previously considered.
SECTION 9. Failure The Commission shall notify the duly accredited professional organization of
or Refusal of the probable or existing vacancies in its professional regulatory Board. In the event
Accredited that the organization fails or refuses to submit nominees for a vacant position
Professional within the period prescribed herein, the Commission may either recommend (a)
the reappointment of the incumbent or permit him to stay in a hold-over capacity
Organization to
if the law creating LA the professional regulatory Board so authorizes or (b) the
Submit Nominees. appointment of another person who possesses the necessary qualifications based
on the criteria herein provided.
The Commission may likewise exercise the same prerogative should there be a
clear showing that the Committee on Nominations of the accredited professional
organization has disregarded the criteria mentioned in selection of nominees.
PROFESSIONAL REGULATION COMMISSION
RA 8981
PRC COMMISSIONER: CHARITO ZAMORA
PRC BOM
TERM: 7 years with NO REAPPOINTMENT TERM: 3 years with 1 reappointment
AGE: at least 40 y/o AGE: at least 30 y/o

POWERS AND (a) To regulate the practice of the professions in accordance with the provisions of
FUNCTION OF PRC their respective professional regulatory laws;
(b) To monitor the conditions affecting the practice of the profession under their
respective jurisdictions and whenever necessary, adopt measures proper for the
enhancement of the profession and/or the maintenance of high professional,
ethical and technical standards, and for this purpose the members of the Board
duly authorized by the Commission with deputized employees of the Commission,
may conduct ocular inspection
PROFESSIONAL GROWTH AND DEVELOPMENT
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13
(c) To hear and investigate cases arising from violations of their respective laws,
rules and regulations and Codes of Ethics and, may issue summons, subpoena and
subpoena duces tecum to alleged violators and/or witnesses to compel their
attendance in such investigations or hearings: Provided, That, the decision of the
Professional Regulatory Board shall, unless appealed to PRC, become final and
executory after 15 days from receipt of notice of judgment;
(d) To delegate the hearing or investigation of administrative cases filed before
them except in cases where the issue or question involved strictly concerns the
practice of the profession, in which case, the hearing shall be presided over by at
least 1 member of the Board concerned assisted by a Legal or Hearing Officer of
the Commission;
(e) To admit the successful examinees to the practice of the profession or
occupation; cause the entry of their names on its registry book and computerized
database; issue certificates of registration/professional license, bearing the
registrant’s name, picture, and registration number, signed by all the members of
the Board concerned and the Chairperson, with the official seal of the Board and
the Commission affixed which certificate shall be the authority to practice; and at
the option of the professional concerned, ministerially issue the professional id
card,
(f) To have custody of all the records of the various Boards, (APRIL 2023 BQ)
(g) To determine and fix the amount of fees to be charged and collected for
examination, registration, registration without examination, professional
identification card, certification;
(h) To appoint subject to the Civil Service laws, rules, and regulations, officials and
employees of the Commission necessary for the effective performance of its
functions and responsibilities;
(i) To submit and recommend to the President of the Philippines the names of
licensed professionals for appointment as members of the various Professional
Regulatory Boards;
(j) Upon recommendation of the Professional Regulatory Board concerned, to
approve the registration and authorize the issuance of a certificate of
registration/license and professional id card with or without examination to a
foreigner who is registered under the laws of his state or country and whose
certificate of registration issued therein has not been suspended or revoked;
(k) To authorize any officer of the Commission to administer oaths;
(l) To supervise foreign nations who are authorized by existing laws to practice
their professions either as holders of a certificate of registration and a
professional identification card or a temporary special permit in the Philippines;
(m) To monitor the performance of schools in licensure examinations and publish
the results in a newspaper of national circulation;
(n) To adopt and institute a comprehensive rating system for universities, colleges,
and training institutes based on the passing ratio and overall performance of
students in board examinations;
(o) To exercise administrative supervision over professional regulatory boards and
its members;
(p) To adopt and promulgate rules and regulations to effectively implement
policies with respect to the regulation and practice of the professions;
(q) To implement the program for the full computerization of all licensure
examinations given by the various professional regulatory boards including the
registration of professionals;
(s) To investigate any member of the Professional Regulatory Boards for neglect of
duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct,
commission of irregularities in the licensure examinations which taint or impugn
the integrity and authenticity of the results of the said examinations and, if found
guilty, to revoke or suspend their certificates of registration and professional
licenses and recommend to the President of the Philippines their suspension or
 PROFESSIONAL GROWTH AND DEVELOPMENT
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14
removal from office;
(t) To issue summons, subpoena and subpoena duces tecum in connection with
the investigation of cases against officials and employees of the Commission and
members of the Professional Regulatory Boards;
(u) To hold in contempt in erring party or person only upon application with a
court of competent jurisdiction;
(v) To call upon or request any department, instrumentality, office, bureau,
institution or agency of the government to enforce or implement the professional
regulatory policies of the government;
(w) To initiate an investigation, upon complaint under oath by an aggrieved party,
of any person, whether a private individual or professional, local or foreign, who
practices the regulated profession without being authorized by law, or without
being registered with and licensed by the concerned regulatory board and issued
the corresponding license, or who commits any of the prohibited acts provided in
the regulatory laws of the various professions, which acts are criminal in nature,
and if the evidence so warrants, to forward the records of the case to the office of
the city or provincial prosecutor for the filing of the corresponding information in
court by the lawyers of the legal services of the Commission who may prosecute
said case;

RENEWAL OF PRC LICENSES

Republic Act No. 10912- Continuing Professional Development (CPD) Act of 2016
MIDWIFERY-15 UNITS
Validity of License: 3 YEARS for all professions and are renewable during the birth month of the professional.
RA 1080- CIVIL SERVICE ELIGIBILITY
An Act Declaring the Bar and Board Examinations as Civil Service Examinations
Section 1. The bar examinations and the examinations given by the various boards of examiners of the
Government are declared as civil service examinations, and shall, for purposes of appointment to positions in
the classified service the duties of which involve knowledge of the respective professions.
APRIL 2023 BQ
CRIMINAL LIABILITY
Felony is defined under the code as an act or omission punishable by law, committed through culpa or dolo. The
words “punishable by law” means that the act or omission must be defined and punished by the Revised Penal
Code and no other law.
Dolo is a Spanish term which means deceit. There is deceit when an act is performed with deliberate intent.
Culpa is also a Spanish term which means fault. There is fault when a wrongful act results from negligence,
imprudence, lack of skill or foresight.
CRIME FELONY
an act or the commission of an act that is Felony refers to a serious Crime such as murder, arson,
against the law and considered dangerous and rape, or robbery for which the punishment is death or
harmful to the public. imprisonment for a minimum term of one year.
A crime is less serious and is punishable by a A felony is a more serious offense that's punishable by
fine, probation, or incarceration for less than imprisonment for more than 1 year or death.
one year.
STATUTORY LAW REVISED PENAL CODE ONLY
CRIMES AGAINST PERSON
 PROFESSIONAL GROWTH AND DEVELOPMENT
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MURDER HOMICIDE
ABORTION ROBBERY
RAPE ASSAULT & BATTERY
CHILD ABUSE PARRICIDE
INFANTICIDE GENOCIDE

ABORTION
the deliberate termination of a human pregnancy, most often performed during the first 28 weeks of
pregnancy.
ILLEGAL DUE TO 1987 Philippine Constitution
Philippine Constitution. Article 3. Sec. 1: No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
PARRICIDE INFANTICIDE
deliberate killing of one's own father and the act of deliberately causing the death of a very young
mother, spouse (husband or wife), children, child (under 1 year old).
and/or close relative.
RELATIONSHIP IS MATERIAL AGE IS MATERIAL
CRIMES AGAINST PROPERTY
ROBBERY THEFT
Robbery if he steals from a person using force Theft means taking someone's property but does not
or makes them think force will be used. involve the use of force.

The crime of robbery involves (1) the taking of The elements of the crime of theft are as follows: (1) that
the property of another (2) from his or her there be taking of personal property; (2) that said
person or in their presence (3) by violence, property belongs to another; (3) that the taking be done
intimidation or threat (4) with the intent to with intent to gain; (4) that the taking be done without
deprive them of it permanently. the consent of the owner; and (5) that the taking be
accomplished without the use of violence
CRIME AGAINST PERSON AND PROPERTY CRIME AGAINST PROPERTY ONLY
ARSON VANDALISM
criminal act of deliberately setting fire to action involving deliberate destruction of or damage to
property. public or private property.
CRIMES AGAINST CIVIL STATUS OF A PERSON
SIMULATION OF ELEMENTS:
BIRTH a) The child is baptized or registered in the Registry of birth as the offender’s;
b) The child loses its real status and acquires a new one; and
c) The offender’s purpose was to cause the loss of any trace as to the child’s
true filiation.
Substitution of a child from another – refers to the act of interchanging a
child with another such that they are no longer with their biological parents.
BIGAMY The elements are:
1. Offender has been married.
2. He/she contracts a second or subsequent marriage.
3. Without the first marriage having been legally dissolved or in case his or her
spouse is absent, the absent spouse could not yet be presumed dead under
the civil code.
4. The second or subsequent marriage has all the essential requisites for
validity.
ADULTERY CONCUBINAGE
Adultery means the carnal relation between a Concubinage is committed by any husband who shall
married woman and a man who is not her keep a mistress in the conjugal dwelling, or, shall have
husband, the latter knowing her to be married, sexual intercourse, under scandalous circumstances,
even if the marriage be subsequently declared with a woman who is not his wife, or shall cohabit with
void her in any other place
Adultery is committed by THE WIFE Concubinage is committed by THE HUSBAND
 PROFESSIONAL GROWTH AND DEVELOPMENT
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CRIMES AGAINST PUBLIC INTEREST
FORGERY these refer to deceits involving:
1. The seal of the government, the signature and stamp of the chief
executive
2. Coins
3. Treasury or bank notes, obligations and securities of the government
4. Documents
USURPATION OF the crime committed by a person who knowingly and falsely represents
AUTHORITY himself to be an officer agent, representative or any department or agency of
the Philippine government or foreign country.
USING FICTITIOUS the act of publicly using a name other than one’s registered or baptismal name
NAME for the purpose of either to: (1) conceal a crime (2) evade judgment or (3)
cause damage to public interest.
FRAUD wrongful or criminal deception intended to result in financial or personal gain.
KINDS OF FELONY ACCORDING TO DEGREE
CONSUMMATED when all the elements necessary for its execution and accomplishment are
present. (APRIL 2023BQ)
ATTEMPTED Elements:
a. offender commences the felony directly by overt acts
b. does not perform all acts which would produce the felony
c. his acts are not stopped by his own spontaneous desistance
FRUSTRATED Elements:
a. offender performs all acts of execution
b. all these acts would produce the felony as a consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the will of the perpetrator
CRIMINAL LIABILITY DEPENDING ON ACT
PRINCIPAL A. Principal by Direct Participation-those who actually and directly take part in
the execution of the act.
To hold two or more persons as principals by direct participation, it must be
shown that there exists a conspiracy between and among them. This is not the
conspiracy punished as a crime but the conspiracy as a mode or manner of
incurring criminally or that legal relationship whereby, in the eyes of the law, it
may be said that the act of any one is the act of all.

B. Principal by Indespensable Cooperation- Refers to those who cooperate in

the commission of the offense by another act without which it would not have
been accomplished.
C. Principal by Inducement-Those who induce others to commit a crime either
by: (a) force (b). inducement. The PDP may set up the use of force as an
exempting circumstance.
ACCOMPLICES Those persons who cooperate in the execution of the offense by previous or
simultaneous acts. They are also referred to as the “Accessories Before the
Fact”.
ACCESSORIES They are referred to as the Accessories Proper or the Accessories- After- the-
Fact. This is because their participation in the crime comes only after the crime
has been committed by others. It is only then that they enter into the picture.
The First Kind: By profiting themselves or assisting the offender profit by the
effects of the crime.
The Second Act: By concealing or destroying the body of the crime or the
effects or instruments in order to prevent its discovery.
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
Art. 11: Justifying Circumstances – those wherein the acts of the actor are in
JUSTIFYING accordance with law, hence, he is justified. There is no criminal and civil
CIRCUMSTANCE liability because there is no crime.
 PROFESSIONAL GROWTH AND DEVELOPMENT
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1. Anyone who acts in defense of his person or rights, provided that the
following circumstances concur;
SELF-DEFENSE
2. Any one who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same degrees and those
consanguinity within the fourth civil degree, provided that
DEFENSE OF RELATIVE
3. Anyone who acts in defense of the person or rights of a stranger,
provided
DEFENSE OF STRANGER
4. Any person who, in order to avoid an evil or injury, does not act which
causes damage to another, provided that the following requisites are
present;
RIGHTFUL OMMISSION
5. Any person who acts in the fulfillment of a duty or in the lawful exercise
of a right or office.
LAWFUL EXERCISE OF DUTY
6. Any person who acts in obedience to an order issued by a superior for
some lawful purpose.
LAWFUL ORDER
Art. 12. Circumstances which exempt from criminal liability. They are STILL
EXEMPTING CIVILLY LIABLE.
CIRCUMSTANCE 1. An imbecile or an insane person, unless he acted during a lucid interval.
2. Under nine 9y/o
3. A person over nine years of age and under fifteen, unless he has acted
with discernment
4. Accident
5. Any person who act under the compulsion of irresistible force.
6. Impulse of an uncontrollable fear
7. Insuperable cause.
MITIGATING those which, if present in the commission of the crime, do not entirely free the
CIRCUMSTANCE actor from criminal liability, but serve only to reduce the penalty.
Par 1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRUMSTANCES
Par 2. UNDER 18 OR OVER 70 YEARS OLD
Par 3. NO INTENTION TO COMMIT SO GRAVE A WRONG (Praeter
Intentionem)
Par 4. PROVOCATION OR THREAT
Par 5. IMMEDIATE VINDICATION OF RELATIVES OR HIMSELF or
VINDICATION OF GRAVE OFFENSE
Par 6. PASSION OR OBFUSCATION
Par 7. SURRENDER AND CONFESSION OF GUILT
Par 8. PHYSICAL DEFECT OF THE OFFENDER
Par 9. ILLNESS OF THE OFFENDER
AGGRAVATING 1. That advantage be taken by the offender of his public position.
CIRCUMSTANCE 2. That the crime be committed in contempt or with insult to the public
authorities.
3. That the act be committed with insult or in disregard of the respect due
the offended party on account of his rank, age, or sex, or that is 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
 PROFESSIONAL GROWTH AND DEVELOPMENT
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18
duties, or in a place dedicated to religious worship.
6. That the crime be committed in the night time, or in an uninhabited
place, or by a band, whenever such circumstances may facilitate the
commission of the offense.
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.
10. That the offender has been previously punished by 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. (HABITUALITY)
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 international 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 evidence premeditation.
14. That the 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 with treachery (alevosia).
17. That means be employed or circumstances brought about which add
ignominy to the natural effects of the act.
IGNOMINY=PUBLIC SHAME
18. That the crime be committed after an unlawful entry.
19. There is an unlawful entry when an entrance 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 years
of age or by means of motor vehicles, motorized watercraft, airships, or
other similar means.
DOCTRINES WHICH DETERMINE LIABILITIES FOR DAMAGE DUE TO NEGLIGENCE
The thing speaks for itself, the facts accompanying an injury may be such as
RES IPSA LOQUITOR to raise a presumption, or at least permit an inference of negligence on the
part of the defendant.
The elements are: (1) the accident is of such character as to warrant an
inference that it would not have happened except for the defendant's
negligence; (2) the accident must have been caused by an agency or
instrumentality within the exclusive management or control of the person
charged with the negligence complained of; and (3) the accident must not
have been due to any voluntary action or contribution on the part of the
person injured.
RESPONDEAT Respondeat superior embodies the general rule that an employer is
SUPERIOR responsible for the negligent acts or omissions of its employees. Under
respondeat superior an employer is liable for the negligent act or omission of
any employee acting within the course and scope of his employment.
Typical Force Majeure events include natural causes (fire, storms, floods),
FORCE MAJEURE governmental or societal actions (war, invasion, civil unrest, labor strikes),
infrastructure failures (transportation, energy), etc.
LEGAL TERMS
CRIMINAL LAW: Complainant v. Defendant CIVIL LAW: Plaintiff v. Defendant
APPELLATE COURT: Plaintiff v. Respondent
CROSS EXAMINATION: the act of the opposing party questioning the witness during a trial.
DIRECT EXAMINATION: the initial questioning of a witness, by the party that called them to the stand.
 PROFESSIONAL GROWTH AND DEVELOPMENT
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ARRAIGNMENT: a defendant's first court appearance in front of a judge and the prosecutor. The main purpose
of the arraignment is to inform the defendant of the criminal charges against him or her.
ASSAULT: charges typically involve the threat of violence and inducing fear in a victim.
BATTERY: when threats are carried out, and a physical attack occurs.
SLANDER: an untrue defamatory statement that is spoken orally.
LIBEL: an untrue defamatory statement that is made in writing.
PERJURY-any person who shall knowingly make untruthful statements or make an affidavit, upon any material
matter and required by law.
KIDNAPPING AND SERIOUS ILLEGAL DETENTION— Any private individual who shall kidnap or detain another, or
in any other manner deprive him of his liberty
CIVIL LIABILITY
CITIZENSHIP
JUS SOLI JUS SANGUINIS
-citizenship based on place of birth. -citizenship by blood, regardless of where he is
born.
PD 651-REGISTRATION OF BIRTHS AND DEATHS IN THE PHILIPPINES
Section 1. Registration of births. All babies born in hospitals, maternity clinics, private homes, irrespective of the
nationality, race, culture, religion or belief of their parents, whether the mother is a permanent resident or
transient in the Philippines, and whose births have not yet been registered must be reported for registration in
the office of the local civil registrar of the place of birth by the physician, nurse, midwife, hilot, or hospital or
clinic administrator who attended the birth or in default thereof, by either parent or a responsible member of
the family or a relative, or any person who has knowledge of the birth of the individual child.

Section 2. Period of registration of births. Babies born after the effectivity of this decree must be registered in
the office of the local civil registrar of the place of birth within thirty (30) days after birth, by the attending
physician, nurse, midwife, hilot or hospitals or clinic administrator or, in default of the same, by either parent or
a responsible member of the family or any person who has knowledge of the birth.
NATURALIZATION
QUALIFICATIONS:
 Having honorably held office under the Government of the Philippines;
 Having established a new industry or introduced a useful invention in the Philippines;
 Being married to a Filipino woman;
 Having been engaged as a teacher in the Philippines in a public or recognized private school for not less
than two (2) years.
REQUIREMENTS:
21 years old at the Hearing of the Petition;
You must have resided in the Philippines for 10 years;
You are of good moral character and believe in the Philippine Constitution.
EXPATRIATION the process of leaving your country and living in a new one, or the act
of forcing a person to do this.
REPATRIATION the act or process of restoring or returning someone or something to
the country of origin, allegiance, or citizenship
STATELESS PERSON “a person who is not considered as a national by any State under the
operation of its law”.
THE FAMILY
EO 209 – Family Code of the Philippines (amended by RA 6609)
PD 996 - COMPULSORY BASIC IMMUNIZATION FOR INFANTS AND CHILDREN BELOW 8 Y/O
EO 51 - NATIONAL CODE OF MARKETING OF BREASTMILK SUBSTITUTES, BREASTMILK SUPPLEMENTS AND
RELATED PRODUCTS, PENALIZING VIOLATIONS
RA. 8424 – Tax Reform Act of 1997
single individuals only a P20,000
exception, head of families P25,000
married individuals P32,000.
each couple is allowed an exemption of P8,000 per child up to 4 children
PD 965 - A DECREE REQUIRING APPLICANT FOR MARRIAGE LICENSE TO RECEIVE INSTRUCTIONS ON FAMILY
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PLANNING AND RESPONSIBLE PARENTHOOD
RA 10354 - Responsible Parenthood and Reproductive Health Act of 2012
RA 11223 - Universal Health Care Act (APRIL 2023 BQ)
CONTRACTS
a meeting of minds between two persons whereby one binds himself, with respect to the other, to give
something or to render some service. As a rule, contracts are performed by mere consent, and from that
moment, the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all of
the consequences which according to their nature may be in keeping with good faith, usage and law.
DO UT DES- “I give so that you may give.”contract in which one party's performance satisfies the
condition for the other party's performance.
FACIO UT FACIAS- "I do that you may do" -one person agrees to do something for another person who
agrees to do something in return.
REQUISITE OF CONTRACT
For there to be a valid contract, these three elements must be present: consent, object, and
cause.
CLASSIFICATION OF CONTRACT
FORMAL CONTRACT A contract being signed by the people involved in the agreement. A
formal contract is a written legal tool that is usually registered with a
court and needs to be signed by all parties involved. This is also known as
a formal agreement.
CONTRACT IN WRITING
INFORMAL CONTRACT a type of agreement that will not require any sort of legal intervention to
be considered enforceable. They are different from formal contracts
because they do not need to be sealed, witnessed, or written. An informal
contract is often called a social contract.
VERBAL CONTRACTS
EXPRESSED CONTRACT an agreement where parties explicitly spell out the contract terms, either
orally or in writing. In this type of contract, parties are fully aware of their
agreed-upon terms. They also know the terms are binding and that any
party can take legal steps to enforce them.
CONTRACT WITH SPECIFIC TERMS
IMPLIED CONTRACT a legally-binding obligation that derives from actions, conduct, or
circumstances of one or more parties in an agreement. An implied
contract is a non-verbal and unwritten – yet still legally binding – contract
that exists based on the behavior of the parties involved or on a set of
circumstances.
CONTRACT FROM CONDUCT OF PARTIES (APRIL 2023 BQ)
VOID CONTRACT a formal agreement that is effectively illegitimate and unenforceable from
the moment it is created.
A contract is void for any of the following reasons:
 The contract included unlawful consideration or object.
 One of the parties was not in their right mind at the time the
agreement was signed.
 The terms are impossible to meet.
 The agreement restricts a party's right.
OBJECT IS ILLEGAL/INSANITY/IMPOSSIBLE TERMS/NO RIGHTS
VOIDABLE CONTRACT a formal agreement between two parties that may be rendered
unenforceable for any number of legal reasons, which may include:
Failure by one or both parties to disclose a material fact. A mistake,
misrepresentation, or fraud. Undue influence or duress.
 Coercion or undue influence
 Withheld or misrepresented information
 Breach of contract by one or more parties
 One or more parties lacks the capacity to enter into the contract
CONSENT IS NOT FREELY GIVEN (no meeting of the
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21
minds)/MINORITY/MISREPRESENTATION/ COERCION
WILLS AND SUCCESSION
DECEDENT/DECEASED – The person who died.
TESTATOR – A man who makes a will.
INTESTATE – Dying without a will.
ESTATE – An estate is all the personal and real property owned by a person when he/she dies.
HOLOGRAPHIC WILL – A will made by a person entirely in his/her handwriting.
PROBATE – Probate means to formally bring the will before the Court. Once all the procedures have been
completed, all the proper forms signed, all estate taxes paid, and the assets distributed according to the wishes
of the testator/testatrix, the will is said to have “gone through probate.”
HEIR - a person who is legally entitled to collect an inheritance when a deceased person did not formalize a last
will and testament.
LAST WILL AND TESTAMENT: a legal document that communicates a person's final wishes pertaining to
their assets. It provides specific instructions about what to do with their possessions. It will indicate whether the
deceased leaves them to another person, a group, or wishes to donate them to charity.
PEOPLE INVOLVED IN AN ESTATE PLAN
SETTLOR – A person who establishes a trust. Also called a “grantor.”
EXECUTOR – A person named in a will by the Testator and appointed by the court to carry out the terms of the
will and to administer the decedent’s estate. Also known as a personal representative. If a female, may be
referred to as the executrix. (TESTATE)
ADMINISTRATOR – An individual or fiduciary appointed by the court to manage an estate if no executor is
named in the will, a person dies without a will, or if the executor is unable or unwilling to serve. (INTESTATE)
TRUSTEE – An individual, bank, or trust company designated to hold and administer trust property (also
generally referred to as a “fiduciary”).
BENEFICIARY – A person who is eligible to receive distributions from an estate or a trust.
LABOR CODE
PD442
Normal hours of work: 8 hours per day
ADDITIONAL PAY:
Night shift differential - 10% - between 10pm and 6am the following morning.
Overtime work - 25%
Work performed beyond eight hours on a holiday or rest day - 30% (APRIL 2023 BQ)
Undertime not offset by overtime
special holiday - 30%
holiday work falls on the employee’s scheduled rest day - 50%

ART. 133: Maternity leave benefits

Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at
least six (6) months for the last twelve (12) months, maternity leave of at least two (2) weeks prior to the
expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on
her regular or average weekly wages.
The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries
by a woman employee
RA 8282: Social Security Law
Type of SSS Benefits
Sickness Benefit
It’s a daily cash allowance paid for the number of days a member is unable to work due to sickness or injury.
Maternity Benefit
It’s a daily cash allowance granted to a female member who is unable to work due to childbirth or miscarriage.
Disability Benefit
It’s a cash benefit granted – either as a monthly pension or a lump-sum amount – to a member who becomes
permanently disabled, either partially or totally.
Retirement Benefit
It’s a cash benefit granted – either as a monthly compensation or a lump-sum amount – to a member who can
 PROFESSIONAL GROWTH AND DEVELOPMENT
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no longer work due to old age.
Death
It’s a cash benefit granted – either as a monthly compensation or lump-sum amount – to the beneficiaries of a
deceased member
Funeral
A funeral grant of P20,000 to whoever paid for the burial expenses of the deceased member.
Salary Loan
It’s a cash loan granted to an employed, currently – paying self-employed or voluntary member. It is intended to
meet the member’s short-term credit needs.
RA 9679: PAG-IBIG FUND
Membership to the Fund shall be mandatory for the following:
*All employees, workers, professionals, officers and companies who are compulsorily covered by the SSS and
GSIS
*Uniformed members of the Armed Forces of the Philippines, the Bureau of Fire Protection, the Bureau of Jail
Management and Penology, and the Philippine National Police
*All members of the judiciary and constitutional commissions
*Overseas Filipino Workers (OFWs)
*Filipinos employed by foreign-based employers, whether deployed locally or abroad.
Benefits of being a member of Pag-IBIG
Savings
The contributions that an OFW member makes are credited to his Total Accumulated Value (TAV) or savings
which are fully guaranteed by the national government. The member’s savings earn annual dividends that are
tax-free. The dividend rate varies depending on the net income of the Fund at year end. Pag-IBIG savings are
also portable, meaning, these remain in the name of a member even if he transfers employers, works abroad or
becomes self-employed or even unemployed.
Short-Term Loan
A member is entitled to borrow short-term loans offered by the Fund to help address immediate financial needs.
Housing Loan
A member of good standing may avail of a Pag-IBIG home financing loan from the Fund with some of the lowest
interest rates in the market, and repayment terms of up to 30 years. Pag-IBIG housing loans offer low monthly
amortizations, making it possible for even low-salary employees to benefit from the program.
When can a Pag-IBIG member withdraw his/her contributions?
A member may claim his Total Accumulated Value (TAV) after 20 years of membership with the Fund and after
having made a total of 240 monthly contributions.
A member may also withdraw his savings before the 20-year maturity under these valid grounds:
Retirement
Permanent departure from the country
Permanent or total physical disability
Insanity
Death of the member
Termination from service by reason of health
Optional withdrawal after 10 or 15 years of continuous contributions
OTHER LAWS
RA 6675 -- Generics Act of 1988
PD 965 -- Family Planning and Responsible Parenthood
RA 10912 -- Continuing Professional Development Act of 2016