ROHONEY LOGRONIO FIRST SEMESTER - PRELIMS

UC BANILAD - COLLEGE OF NURSING S.Y. 2023-2024

AQUINAS
● a person is an individual substance of a rational nature
CHRISTIANS
● every human being is the image and likeness of God
→ personhood is inherent in every human being
→ humans reap the worth, dignity and intrinsic
value as human persons
→ Personhood is the foundation of morality,
philosophy, art, science, law, and the like.
SULLIVAN
● Humanhood and personhood are synonymous; ensoulment
is inherent only to humans
PLATO AND ARISTOTLE
● there are three kinds of souls:
○ vegetative = plants & other vegetations
○ sensitive = soul among animals
○ rational = soul of humans; soul is spiritual —
(indivisible, simple, indestructible, immaterial)
JOHN POLKINGHORNE
● A person is a self-conscious being, able to use
● the future tense in anticipation, hope and dread;
● able to perceive meaning and to assign value;
● able to respond to beauty and to the call of moral duty,
able to love other persons, even to the point of
self-sacrifice
PETER SINGER
● the marks of personhood are the ability to exhibit
rationality, self-consciousness, awareness, sentience,
autonomy and relate to others
HUMAN ACTS VS ACTS OF HUMAN
HUMAN ACTS
● Actions that proceed from the deliberate free will of man
● Any activity performed by man — physical, spiritual,
internal, external
● Actions that are proper only to human persons
● Agere sequitur esse
→ a thing acts according to its nature
● Product of will acted upon in the light of freedom and
knowledge
● Actions that readily demand for the human person’s
rationality.
ACTS OF MAN
● These are acts of perception (sensation), beating of the
heart, blood circulation in the body, digestion of food in
the stomach, etc.
● They occur without the control of the will and the
consciousness of the human mind.
● Do not make humans responsible for their actions.
● Humans are responsible only for their actions if they
perform the act through knowledge, freedom and
voluntariness.
THREE-FOLD ELEMENTS OF HUMAN ACT:
1. Knowledge
→ Make the act deliberate
→ Proves that the person has the awareness about
the means to employ in performing the act and
the end to achieve in his act
2. Freedom
→ Man does an act under the control of his will.
→ Man is not forced to do or not do a particular
action
→ Human act is determined only by the will
3. Voluntariness

1 BIOETHICS
ROHONEY LOGRONIO FIRST SEMESTER - PRELIMS
UC BANILAD - COLLEGE OF NURSING S.Y. 2023-2024

→ Requires the presence of the two other → Law is an intelligent direction, composed by the
constituents superior’s will but planned & formulated by right
→ A voluntary act is a human act reason.
→ A voluntary act is a willful act — involves → For a law to be reasonable, it must be a true
knowledge and freedom law.
c. Law is promulgated
NORMS OF HUMAN ACTS → It must be made known to those who are subject
to it.
1. Law → It must be published.
→ An ordinance of reason promulgated for the d. Law is promulgated for the common good
common good by one who is in-charge of → The end (purpose) of law is the common good.
community or society e. Law must come from one who is charged to tkae care of
→ A body of rules of action or conduct prescribed society for the common good.
by controlling authority and having binding legal → Ex: congressman
force.
→ Minimum standard of expected performance BASIC SOURCES OF MODERN LAW
between individuals in a society. ■ Common Law
7 ESSENTIAL QUALITIES OF TRUE LAW → Emanates from judicial decision
○ Just ■ Statutory Law
○ Honest → Arises from legistative bodies
○ Possible ■ Administrative Law
○ Useful → Flows from the rules and regulations and
○ Relatively permanent decisions of administrative agency
○ Promulgated (proclaim) LAWSUIT
○ Imposes due sanction for disobedience → begins when a plaintiff files a complaint or petition with
the court that addresses the elements of prima facie case
CHARACTERISTICS: (legally sufficient to establish a case
a. Law is an ordinance PLAINTIFF
→ An order, command or a mandate imposing the → a person who brings an action in a court of law
legislator’s will on the citizens and binding them DEFENDANT
with moral necessity. → a person against whom an action is brought
b. Law is an ordinance of reason

2 BIOETHICS
ROHONEY LOGRONIO FIRST SEMESTER - PRELIMS
UC BANILAD - COLLEGE OF NURSING S.Y. 2023-2024

3. Compensation for injury

CATEGORIES OF TORT:
NEGLIGENT TORT
→ Negligence is the unintentional commission or omission of
an act that a reasonably prudent person would or would
not do under the same or similar circumstances
→ Harm caused by carelessness of a professional health
provider
→ Malpractice is a type of negligence
PUBLIC LAW Forms of Negligence
→ Crimes according to seriousness and level of punishment ● Malfeasance: execution of an unlawful or improper act
FELONY MISDEMEANOR ● Misfeasance: the improper performance of an act that
leads to injury
More serious breach of law Punishable by less than a year
● Nonfeasance: failure to perform an act, when there is a
of imprisonment in a jail
duty to act
Punishable by death or Theft of small amount 4 Ds of Negligence
imprisonment ● Duty
● Dereliction of duty
Murder Disorderly conduct
● Direct cause
Rape ● damage
Legal doctrines associated with medical malpractice
Robbery
● Res Ipsa Loquitor (the thing speaks for itself)
→ in order to prove negligence in a personal injury
PRIVATE LAW: TYPES OF LAW
lawsuit, a plaintiff must present evidence to
TORT CONTRACT LAW demonstrate that the defendant's negligence
resulted in the plaintiff's injury
A private or civil wrong or Breach of contract
● Respondeat Superior (let the master answer)
injury
→ allow liability assessment against employers for
Breach of Contract
negligent acts committed by their employees
→ Failure, Without legal excuse, to perform any promise that
during the course of their work.
comprises the whole part of the contract
INTENTIONAL TORTS
■ Assault
Basic Objectives of Tort Law
→ committed without physical contact, such as
1. Preservation of peace between individuals
someone verbally cursing and threatening
2. Determining of fault
3 BIOETHICS
ROHONEY LOGRONIO
UC BANILAD - COLLEGE OF NURSING
■ Battery
→ requires physical contact of some sort
■ Defamation of Character
→ Violation of patient’s right to privacy which
results to one person communicates to a second
person about a third in such a manner that the
reputation of the person about whom discussion
was held is harmed
○ Libel: written communication
○ Slander: spoken defamation
■ False imprisonment
→ Illegal confinement of an individual against his
or her will by another individual in a manner that
violates the confined individual’s right to be free
from restraint of movement
■ Invasion of privacy
→ Right to live one’s life without having one’s
name, picture, or private affairs made public
against one’s will.
CONSCIENCE
→ Derived from the Latin phrase cum alia scientia
→ An act of the practical judgment of reason
→ Acting with knowledge.
8 Kinds of Conscience
■ Antecedent
→ Draws judgment before an action is executed.
→ commands, advises, forbids, permits
→ forbids what is evil and commands what is good
■ Consequent
→ judges after an act is executed
■ True
4 BIOETHICS
FIRST SEMESTER - PRELIMS
S.Y. 2023-2024
→ judges things truly as they are from the
authentic principles of ethics
■ Erroneous (false conscience)
→ invincible or inculpable (not easily conquered
and free from guilt)
○ Not aware of her wrong act; not liable
of her act
→ vincible or culpable (guilty or capable of being
overcome)
○ Has full knowledge of act; liable
➔ Certain
→ subjective certainty on the legality of an action
to be executed or not
➔ Doubtful
→ man is not sure about a moral judgment
➔ Scrupulous
→ sees wrong where there is actually none
➔ Lax
→ fails to see wrong even when something is
wrong
EDUCATION OF CONSCIENCE
2 steps:
1. Overcome ignorance & error by studying and applying the
moral, civil, and Church laws & regulations.
2. Overcome doubts in moral matters by forming good habits
or reasoning or by consulting prudent and virtuous
persons who are known to be the wellspring of
well-founded moral opinions.