Professional Documents
Culture Documents
1.1. When she/he acts in defense of his/her person or rights provided that -
1.2. When she/he acts in defense of the person or the rights of his/her spouse,
ascendants, descendants or legitimate or natural or adopted brothers or
sisters or relatives by affinity in the same degree, provided that the first and
second requisites prescribed in the next preceding circumstances are present
and further requisite. In the case of provocation was given by the person
attacked that the one making defense had no part therein.
1.3. When she/he acts in defense of the person or rights of a stranger provided
that the first and second requisites mentioned in the first circumstances and
that the person defending is not induced by revenge, resentment or other evil
motives.
1.4. When any person who, in order to avoid an evil or injury, does an act which
causes damage to another provided that the evil sought to be avoided
actually exists, the injury feared is greater than the done to avoid it and there
is no other practical and less harmful means to prevent it.
1.5. When he/she acts in the fulfillment of a duty or in lawful exercise of a right
or office.
Anyone who acts in defense of the person or the rights of his/her spouse does not
likewise incur any criminal liability.
Any person who acts in the fulfillment of a duty or in the lawful exercise or right
of office shall not also incur any criminal liability where such acts result in the
commission of a crime.
When a nurse in under an order from his/her superior, he/she shall be able to
discern whether the order is lawful or not, because if such order will be result in the
commission of a crime, he/she shall be criminally liable.
2. EXEMPTING CIRCUMSTANCES - there are certain circumstances under which
the law exempts a person from criminal liability for the commission of a crime. The
following persons under the circumstances stated are expressly exempted by law from
criminal liability for the crime they may committed:
a. an imbecile or an insane person unless the later has acted during a lucid
interval.
c. a person over nine years of age and under fifteen unless he/she acted with
discernment.
d. Any person who, while performing a lawful act with due care, causes an
injury which is merely an accident without fault or intention of causing it.
f. Any person who acts under the impulse of an uncontrollable fear of an equal
or greater injury.
g. Any person who fails to perform an act required by law, when prevented by
some lawful or insuperable cause.
a. circumstances which are otherwise justifying or exempting were it not for the
fact that all requisites necessary to justify that act or to exempt the offender
from criminal liability in the respective cases are not attendant.
b. when the offender has no intention to commit so grave a wrong as the one
committed.
h. when the defender is deaf and dumb, blind or otherwise suffering from some
physical defect which thus restricts his/her means of a action, defense or
communication with her/his fellow beings.
i. when the offender is suffering from illness as would diminish the exercise of
his/her willpower without, however depriving him/her of consciousness of
his/her acts.
c. When the act is committed with insult or in disregard of the respect of the
offended party on account of his/her rank, age, sex, or that it is committed in
the dwelling of the offended party if the latter has not yet given provocation.
1. RAPE
2. FORCIBLE ABDUCTION
3. ARSON
4. TREASON
5. In crimes against chastity like seduction and acts of lasciviousness.
6. Those acts committed in a merciless or heinous manner.
1. Be very familiar with the Philippine Nursing Law- guide in practicing nursing.
2. Beware of laws that affect nursing practice- ignorance of the law excuses no one.
3. At the start of employment, get a copy of your job description, the agency’s rules,
regulations and policies.
7. Determine whether your sub ordinates are competent in the work you are assigning
them.
9. Consult your superiors for problems that may be too big for you to handle.
10. Verify orders that are not clear to you or those that seem to be erroneous.
12. Keep in mind the value and necessity of keeping accurate and adequate records.
Criminal Liability:
1. Justifying Circumstances
Anyone who acts in defense of his person or rights. A criminal liability
refers to specific situations or conditions in which a criminal act, which
would typically be considered unlawful, is legally excused or justified
based on certain legal principles or defenses. These were the you
circumstances are recognized in many legal systems as defenses that
absolve an individual from criminal liability because their actions were
deemed morally or legally justifiable under the given circumstances. Such
as Self-Defense, Defense of Others, Citizen's Arrest, and Defense of
Property.
Those where the act of a person is said to be in accordance with the law,
so that he in the eyes of the law is considered not to have violated the law
and is therefore free from criminal and civil liabilities.
1. Exempting Circumstances
Exempting circumstances in criminal liability refer to situations or
conditions under which a person may commit an act that would otherwise
be considered a crime but is legally excused from criminal liability due to
specific factors such as minor age, insanity, necessity, by accident and
Uncontrollable Fear.
Are those grounds for exemption from punishment because there is
wanting/missing in the agent of the crime any of the conditions which
make the act voluntary or negligent.
1. Mitigating Circumstances
Refer to factors or conditions that, while not justifying or excusing a
criminal act, may reduce the severity of punishment or lead to a more
lenient sentencing for an individual who has been convicted of a crime.
These circumstances are taken into consideration by judges and legal
authorities during the sentencing phase of a criminal trial.
Those which if present in the commission of a crime, do not entirely free
the actor from criminal liability but reduces only the penalty.
1. Aggravating Circumstances
refer to factors or conditions that, when present in the commission of a
crime, may increase the severity of punishment or lead to a more severe
sentence for an individual who has been convicted of a crime. These
circumstances are taken into consideration by judges and legal
authorities during the sentencing phase of a criminal trial and are typically
used to justify a more severe penalty.
Are those which if attendant in the commission of the offense, would
serve to increase the penalty?