NCM 119 (L&M)
Ethico-legal and moral considerations in
nursing leadership and management
THE CODE OF ETHICS FOR REGISTERED NURSES
PROMULGATION OF THE CODE OF ETHICS FOR
REGISTERED NURSES
Board of Nursing
- has the power to promulgate a Code
of Ethics for Registered Nurses in
coordination and consultation with
the accredited professional
organization (Sec. 9, (g), Art. III of R.A.
No. 9173, known as the “Philippine
Nursing Act of 2002);
in the formulation of the Code of
Ethics for Registered Nurses
- Code of Good Governance for the
Professions in the Philippines was
utilized as the principal basis therefor:
All the principles under the said Code
were adopted and integrated into
the Code of Ethics as they apply to
the nursing profession;
the promulgation of the said Code as a set of
guidelines, regulations or measures shall be
subject to approval by the Commission (Sec.
9, Art. II of R.A. No. 9173); and
ARTICLE I
PREAMBLE
SECTION 1.
Believing in the worth and dignity of each
human being, recognizes the primary
Health is a fundamental right of every
individual. The Filipino registered nurse,
responsibility to preserve health at all cost.
This responsibility encompasses promotion of
health, prevention of illness, alleviation of
suffering, and restoration of health. However,
when the foregoing are not possible,
assistance towards a peaceful death shall be
his/her obligation.
SECTION 2.
To assume this responsibility, registered nurses
have to gain knowledge and understanding
of man’s cultural, social, spiritual,
physiological, psychological, and ecological
aspects of illness, utilizing the therapeutic
process. Cultural diversity and political and
socio-economic status are inherent factors to
effective nursing care.
SECTION 3.
The desire for the respect and confidence of
clientele, colleagues, co-workers, and the
members of the community provides the
incentive to attain and maintain the highest
possible degree of ethical conduct.
ARTICLE II
REGISTERED NURSES AND PEOPLE
SECTION 4.
Ethical Principles,Values, customs, and
spiritual beliefs held by individuals shall be
respected.
Individual freedom to make rational and
unconstrained decisions shall be respected.
Personal information acquired in the process
of giving nursing care shall be held in strict
confidence.
SECTION 5.
Guidelines to be observed:
REGISTERED Nurses must
consider the individuality and totality of
patients when they administer care.
respect the spiritual beliefs and practices of
patients regarding diet and treatment.
uphold the rights of individuals.
take into consideration the culture and values
of patients in providing nursing care.
However, in the event of conflicts, their
welfare and safety must take precedence.
ARTICLE III
REGISTERED NURSES AND PRACTICE
SECTION 6.
Ethical Principles
1. Human life is inviolable
2. Quality and excellence in the care of the
patients are the goals of nursing practice.
of nursing accountability..
3. Accurate documentation of actions and
outcomes of delivered care is the hallmark
SECTION 7.
Guidelines to be observed:
REGISTERED Nurses must know the definition
and scope of nursing practice which are in
the provisions of
R. A. No. 9173
- “Philippine Nursing Act of 2002” and
Board Res. No. 425, Series of 2003
- “Rules and Regulations
Implementing the Philippine Nursing
Act. of 2002”, (the IRR).
- be aware of their duties and
responsibilities in the practice of their
profession
- acquire and develop the necessary
competence in knowledge, skills,
and attitudes to effectively render
appropriate nursing services through
4TH YEAR 1ST SEM; FINALS
varied learning situations.
- if they are administrators, be
responsible in providing favorable
environment for the growth and
developments of Registered Nurses in
their charge.
- be cognizant that professional
programs for specialty certification
by the BON are accredited through
the Nursing Specialty Certification
Council (NSCC).
- see to it that quality nursing care and
practice meet the optimum
standard of safe nursing practice.
- ensure that modification of practice
shall consider the principles of safe
nursing practice.
- if in a position of authority in a work
environment, be normally and legally
responsible for devising a system of
minimizing occurrences of ineffective
and unlawful nursing practice.
- ensure that patients’ records shall be
available only if they are to be issued
to those who are professionally and
directly involved in their care and
when they are required by law.
SECTION 8.
Ethical Principle
Registered Nurses are the advocates of the
patients: they shall take appropriate steps to
safeguard their rights and privileges.
SECTION 9
REGISTERED Nurses
- must respect the “Patients’ Bill of
Rights” in the delivery of nursing care.
- provide the patients or their families
with all pertinent information except
those which may be deemed
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 NCM 119 (L&M)
harmful to their well-being.
- uphold the patients’ rights when
conflict arises regarding
management of their care.
SECTION 10. Ethical Principle
Registered Nurses are aware that their actions
have professional, ethical, moral, and legal
dimensions. They strive to perform their work
in the best interest of all concerned.
SECTION 11. REGISTERED Nurses must:
- perform their professional duties in
conformity with existing laws, rules
and regulations. measures, and
generally accepted principles of
moral conduct and proper decorum.
- not allow themselves to be used in
advertisement that should demean
the image of the profession (i.e.
indecent exposure, violation of dress
code, seductive behavior, etc.).
- decline any gift, favor or hospitality
which might be interpreted as
capitalizing on patients.
- not demand and receive any
commission, fee or emolument for
recommending or referring a patient
to a physician, a co-nurse or another
health care worker; not to pay any
commission, fee or other
compensations to the one referring
or recommending a patient to them
for nursing care.
- avoid any abuse of the privilege
relationship which exists with patients
and of the privilege access allowed
to their property, residence or
workplace.
ARTICLE IV
REGISTERED NURSES AND CO-WORKERS
SECTION 12. Ethical Principles
The Registered Nurse is in solidarity with other
members of the healthcare team in working
for the patient’s best interest. The Registered
Nurse maintains collegial and collaborative
working relationships with colleagues and
other health care providers.
SECTION 13. REGISTERED Nurses must
- maintain their professional
role/identity while working with other
members of the health team.
- conform with group activities as
those of a health team should be
based on acceptable, ethico-legal
standards.
- contribute to the professional growth
and development of other members
of the health team.
- actively participate in professional
organizations. not act in any manner
prejudicial to other professions.
- honor and safeguard the reputation
and dignity of the members of
nursing and other professions; refrain
from making unfair and unwarranted
comments or criticisms on their competence,
conduct, and procedures; or not do anything
that will bring discredit to a colleague and to
any member of other professions.
ARTICLE V
respect the rights of their co-workers.
REGISTERED NURSES, SOCIETY, AND
ENVIRONMENT
SECTION 14. Ethical Principles
The preservation of life, respect for human
rights, and promotion of healthy environment
shall be a commitment of a Registered Nurse.
The establishment of linkages with the public
in promoting local, national, and international
efforts to meet health and social needs of the
people as a contributing member of society
is a noble concern of a Registered Nurse.
SECTION 15. REGISTERED Nurses must
- be conscious of their obligations as
citizens and, as such, be involved in
community concerns.
- be equipped with knowledge of
health resources within the
community, and take active roles in
primary health care. actively
participate in programs, projects,
and activities that respond to the
problems of society. lead their lives in
conformity with the principles of right
conduct and proper decorum.
- project an image that will uplift the
nursing profession at all times.
ARTICLE VI
REGISTERED NURSES AND THE PROFESSION
SECTION 16. Ethical Principles:
Maintenance of loyalty to the nursing
profession and preservation of its integrity are
ideal.
Compliance with the by-laws of the
accredited professional organization (PNA),
and other professional organizations of which
the Registered Nurse is a member is a lofty
duty.
Commitment to continual learning and
active participation in the development and
growth of the profession are commendable
obligations.
4TH YEAR 1ST SEM; FINALS
Contribution to the improvement of the socio-
economic conditions and general welfare of
nurses through appropriate legislation is a
practice and a visionary mission.
SECTION 17.
Guidelines to be observed: Registered Nurses
must
be members of the Accredited Professional
Organization (PNA).
strictly adhere to the nursing standards.
participate actively in the growth and
development of the nursing profession.
through appropriate legislation and other
means.
strive to secure equitable socio-economic
and work conditions in nursing
assert for the implementation of labor and
work standards.
ARTICLE VII
ADMINISTRATIVE PENALITIES, REPEALING
CLAUSE, AND EFFECTIVITY
SECTION 18.
The Certificate of Registration of Registered
Nurse shall either be revoked or suspended for
violation of any provisions of this Code
pursuant to Sec. 23 (f), Art. IV of R. A. No. 9173
and Sec. 23 (f), Rule III of Board Res. No. 425,
Series of 2003, the IRR.
SECTION 19.
The Amended Code of Ethics promulgated
pursuant to R. A. No. 877 and P.D. No. 223 is
accordingly repealed or superseded by the
herein Code.
SECTION 20.
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This Code of Ethics for Nurses shall take effect
after fifteen (15) days from its full and
complete publication in the Official Gazette
or in any newspapers of general circulation.
Done in the City of Manila, this 14th day of
July, 2004.
THE ICN CODE OF ETHICS FOR NURSES
An international code of ethics for nurses was
first adopted by the International Council of
Nurses (ICN) in 1953. It has been revised and
reaffirmed at various times since, most
recently with this review and revision
completed in 2021.
PURPOSE OF THE CODE
The ICN Code of Ethics for Nurses is a
statement of the ethical values,
responsibilities and professional standards of
nurses. It guides everyday ethical nursing
practice and can serve as a regulatory tool
to guide and define ethical nursing practice.
The ICN Code of Ethics for Nurses provides
ethical guidance in relation to nurses’ roles,
responsibilities, behaviours, decision-making
and relationships with patients and people
who are receiving nursing care. It is to be used
in combination with the laws, regulations and
professional standards of countries that
govern nurses’ practice. The values and
obligations expressed in this Code apply to
nurses in all settings, roles and domains of
practice, and should be aspired to by all
nursing students.
PREAMBLE
From the origins of organised nursing in the
mid-1800s, nurses have consistently
recognised four fundamental nursing
responsibilities: to promote health, to prevent
illness, to restore health, and to alleviate
suffering. The need for nursing is universal.
Inherent in nursing is a respect for human
rights, including cultural rights, the right to life
and choice, to dignity and to be treated with
respect. Nursing care is respectful of and
unrestricted by considerations of age, colour,
culture, disability or illness, gender, sexual
orientation, nationality, politics, race, religious
or spiritual beliefs, legal, economic or social
status.
Nurses render health services to the
individual, the family, community and
populations and coordinate their services
with those of other health care professionals
and related groups.
THE ICN CODE
The ICN Code of Ethics for Nurses has four
principal elements that outline the standards
of ethical conduct. These four elements,
nurses and patients or people requiring care,
nurses and practice, nurses and the
profession, and nurses and global health, give
a framework for the standards of ethical
conduct.
ELEMENTS OF THE CODE
1. NURSES AND PATIENTS OR PEOPLE
REQUIRING CARE
1.1 Nurses’ primary professional responsibility
is to people requiring nursing care whether
individuals, families, communities or
populations (hereinafter referred to as either
‘patients’ or ‘people requiring care’).
1.2 Nurses promote an environment in which
the human rights, values, customs, religious
and spiritual beliefs of the individual, family
and community are respected and
promoted by everyone.
1.3 Nurses ensure that the individual receives
accurate, sufficient and timely information in
a culturally appropriate manner on which to
base consent for care and related treatment.
1.4 Nurses hold in confidence personal
information and respect the privacy,
confidentiality and interests of patients in the
lawful collection, use, access, transmission,
storage and disclosure of this information.
1.5 Nurses respect the privacy and
confidentiality of colleagues and people
requiring care and uphold the integrity of the
nursing profession in person and in all media,
including social media.
1.6 Nurses share with society the responsibility
for initiating and supporting action to meet
the health and social needs of all people.
1.7 Nurses advocate for equity and social
justice in resource allocation, access to
health care and other social and economic
services.
1.8 Nurses demonstrate professional values
such as respect, justice, responsiveness,
compassion, empathy, trustworthiness and
integrity.
1.9 Nurses provide evidence-informed,
person-centred care, recognising and using
the values and principles of primary health
care and health promotion.
1.10 Nurses encourage a culture of safe
health care and raise any concerns
regarding the safety of people and health
services.
1.11 Nurses support and protect the right to
self-determination of all patients and other
health care professionals.
1.12 Nurses ensure that use of technology and
scientific advances are compatible with the
safety, dignity and rights of people. In the
4TH YEAR 1ST SEM; FINALS
case of devices, such as robots, nurses ensure
that care remains person-centred and that
such devices support and do not replace
human relationships.
2. NURSES AND PRACTICE
2.1. Nurses carry personal responsibility and
accountability for nursing practice, and for
maintaining competence by continual
learning. They engage in continuous
professional development and lifelong
learning.
2.2 Nurses maintain fitness to practice so as
not to compromise the ability to provide care.
2.3 Nurses practise within the limits of their
individual competence and use judgement
when accepting and delegating
responsibility.
2.4 Nurses value their own dignity, well-being
and health. They know that positive practice
environments, characterised by professional
recognition, education, support structures,
adequate resourcing, management
practices and occupational health and
safety, are pivotal to achieve them.
2.5 Nurses, at all times maintain standards of
personal conduct which reflect well on the
profession and enhance its image and public
confidence. In their professional role, nurses
recognise and maintain personal relationship
boundaries.
2.6 Nurses share their knowledge and provide
feedback, mentorship and guidance for the
professional development of nursing students,
novice nurses, other nurses and other health
care providers.
2.7 Nurses foster and maintain a practice
culture that promotes ethical behaviour and
open dialogue.
2.8 Nurses may conscientiously object to
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participating in a particular medical
procedure or research study but must ensure
that people receive care.
2.9 Nurses maintain a person’s right to give
and withdraw informed consent to access
their generic information including activities
linked to genetic and genomic-based
research. They protect the use, privacy and
confidentiality of genetic information and
human genome materials. They also fosterthe
equitable access to genomic technologies.
2.10 Nurses develop and sustain collaborative
and respectful relationships with colleagues
and other members of the health care team.
They recognise and respect their knowledge,
skills and perspectives.
2.11 Nurses take appropriate actions to
safeguard individuals, families and
communities when their health is
endangered by a co-worker, any other
person, policy, practice or misuse of
technology.
2.12 Nurses are active participants in the
promotion of patient safety. They promote
ethical conduct when errors or near misses
occur, speak up when patient safety is
threatened, and work with others to reduce
the potential of errors.
3. NURSES AND THE PROFESSION
3.1 Nurses assume the major role in
determining and implementing acceptable
standards of clinical nursing practice,
management, research and education.
3.2 Nurses are active in developing a core of
research-based, updated professional
knowledge that supports evidence-informed
practice.
3.3 Nurses are active in developing and
sustaining a core of professional values.
3.4 Nurses, through their professional
organisations, participate in creating a
positive practice environment that supports
individual practice and ensures safe quality
care, and maintains safe, equitable social
and economic working conditions for nurses.
3.5 Nurses contribute to positive and ethical
organizational environments and challenge
unethical practices and settings.
3.6 Nurses engage in the creation,
dissemination and use of research.
3.7 Nurses prepare for and respond to
emergencies, disasters, conflicts, epidemics
and conditions of scarce resources.
4. NURSES AND GLOBAL HEALTH
4.1 Nurses value access to health care as a
human right, affirming the need for
universal health coverage.
4.2 Nurses uphold the dignity, freedom and
worth of all human beings and oppose all
forms of exploitation, such as human
trafficking and child labour.
4.3 Nurses lead or contribute to health policy
development.
4.4 Nurses support and work towards the
achievement of the United Nations
Sustainable Development Goals.
4.5 Nurses recognize the significance of the
social determinants of health. They contribute
to, and advocate for, policies and programs
that address them.
4.6 Nurses collaborate and practice to
preserve, sustain and protect the natural
environment and are aware of its
consequences on health. They advocate for
initiatives that reduce environmentally
harmful practices in order to promote health
and well-being.
4.7 Nurses collaborate with other health
professions and the public to uphold
principles of justice by promoting
responsibility in human rights, equity and
fairness and by promoting the public good
and a healthy planet.
B. LEGAL ASPECTS
RA 9173
RA 9173 - An act providing for a more
responsive nursing profession, repealing for
the purpose RA 7164 known as the “Phil.
Nursing Act of 1991 and for other purposes.
This act shall be known as the “Phil. Nursing
Act of 2002”
RA 9173 Philippine Nursing Act of 2002 •
Composed of 9 articles and 41 sections
Article I – S1. Title “Philippine Nursing Act of
2002”
A II – S2. Declaration of the Policy
AIII– S3. Organization of the Board of Nursing
• Composed of a chairperson and 6
members
S4. Qualifications of the chairperson &
members of the board
(a) Be a natural born citizen and resident of
the Philippines;
(b) Be a member of good standing of the
accredited professional organization of
nurses;
(c) Be a registered nurse and holder of a
master's degree in nursing, education or other
allied medical profession conferred by a
college or university duly recognized by the
Government: Provided, That the majority of
the members of the Board shall be holders of
4TH YEAR 1ST SEM; FINALS
a master's degree in nursing: Provided,
further, That the Chairperson shall be a holder
of a master's degree in nursing;
(d) Have at least ten (10) years of continuous
practice of the profession prior to
appointment: Provided, however, That the
last five (5) years of which shall be in the
Philippines; and
(e) Not have been convicted of any offense
involving moral turpitude; Provided, That the
membership to the Board shall represent the
three (3) areas of nursing, namely: nursing
education, nursing service and community
health nursing.
S5. Requirements Upon Qualification as
Member of the Board of Nursing
• Any person appointed as Chairperson or
Member of the Board shall immediately resign
from his/her work.
S6. Term of Office • The Chairperson and
Members of the Board shall hold office for a
term of three (3) years and until their
successors shall have been appointed and
qualified: Provided, That the Chairperson and
members of the Board may be re-appointed
for another term.
S7. Compensation of the Board Members
They shall receive compensation and
allowances comparable to the
compensation and allowances received by
the Chairperson and members of other
professional regulatory boards.
S8. Administrative Supervision of the Board,
Custodian of its Records, Secretariat and
Support Services Commission(PRC)
S9. Powers and Duties of the Board The Board
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shall supervise and regulate the practice of
the nursing profession and shall have the
following powers, duties and functions:
(a) Conduct the licensure examination
(b) Issue, suspend or revoke certificates of
registration for the practice of nursing;
(c)Monitor and enforce quality standards of
nursing practice in the Philippines and
exercise the powers necessary to ensure the
maintenance of efficient, ethical and
technical, moral and professional standards
in the practice of nursing taking into account
the health needs of the nation;
(d) Ensure quality nursing education by
examining the prescribed facilities of
universities or colleges of nursing or
departments of nursing education and those
seeking permission to open nursing courses to
ensure that standards of nursing education
are properly complied with and maintained
at all times. The authority to open and close
colleges of nursing and/or nursing education
programs shall be vested on the Commission
on Higher Education upon the written
recommendation of the Board;
(e)Conduct hearings and investigations to
resolve complaints against nurse practitioners
for unethical and unprofessional conduct
and violations of this Act
(f) Promulgate a Code of Ethics
(g) Recognize nursing specialty organizations
(h) Prescribe, adopt, issue and promulgate
guidelines, regulations, measures and
decisions as may be necessary for the
improvements of the nursing practice,
advancement of the profession and for the
proper and full enforcement of this Act
subject to the review and approval by the
Commission.
S10. Annual Report - The Board shall at the
close of its calendar year submit an annual
report to the President of the Philippines
through the Commission
S11. Removal or Suspension of Board
Members
The president may remove or suspend any
member of the Board on the following
grounds; •
(a) Continued neglect of duty or
incompetence;
(b) Commission or toleration of irregularities in
the licensure examination; and
(c) Unprofessional immoral or dishonorable
conduct
Article IV. Examination & Registration
S12.Licensure Examination • Written
examination
S13. Qualifications for Admission to the
Licensure Examination
(a) citizen of the Philippines, or a citizen or
subject of a country which permits Filipino
nurses to practice within its territorial limits on
the same basis as the subject or citizen of
such country: Provided, That the requirements
for the registration or licensing of nurses in said
country are substantially the same as those
prescribed in this Act;
(b) good moral character
(c) a holder of a Bachelor's Degree in Nursing
from a college or university that complies with
the standards of nursing education duly
recognized by the proper government
agency.
S14. Scope of Examination
The Board shall take into consideration the
objectives of the nursing curriculum, the
broad areas of nursing, and other related
disciplines and competencies in determining
4TH YEAR 1ST SEM; FINALS
the subjects of examinations or citizens of such foreign state or country.
S15. Ratings S21. Practice Through Special/Temporary
an examinee must obtain a general average Permit
of at least 75% with a rating of not below 60% Licensed nurses from foreign countries/states
in any subject. An examinee who obtains an whose service are either for a fee or free if
average rating (75%) or higher but gets a they are internationally well-known specialists
rating below sixty percent (60%) in any subject or outstanding experts in any branch or
must take the examination again but only in specialty of nursing;
the subject or subjects where he/she is rated
below sixty percent (60%). In order to pass the (b) Licensed nurses from foreign
succeeding examination, an examinee must countries/states on medical mission whose
obtain a rating of at least (75%) in the subject services shall be free in a particular hospital,
or subjects repeated center or clinic; and
(c) Licensed nurses from foreign
Sec 16. Oath – required prior to entering the countries/states employed by
practice of nursing schools/colleges of nursing as exchange
professors in a branch or specialty of nursing;
S17. Issuance of Certificate of Registration / Provided, however, That the
Professional License and Professional special/temporary permit shall be effective
Identification Card. only for the duration of the project, medical
- A certificate of registration/professional mission or employment contract
license as a nurse shall be issued to an
applicant who passes the examination upon S22. Non-registration and Non-issuance of
payment of the prescribed fees Certificates of Registration/Professional
License or Special/Temporary Permit.
S18. Fees for Examination and Registration No person convicted by final judgment of any
criminal offense involving moral turpitude or
S19. Registration by Reciprocity any person guilty of immoral or dishonorable
A certificate of registration/professional conduct or any person declared by the court
license may be issued without examination to to be of unsound mind shall be registered and
nurses registered under the laws of a foreign be issued a certificate of
state or country registration/professional license or a
special/temporary permit.
Provided, That the requirements for
registration or licensing of nurses in said S23. Revocation and suspension of Certificate
country are substantially the same as those of Registration/Professional License and
prescribed under this Act: Provided, further, Cancellation of Special/Temporary Permit
That the laws of such state or country grant (a) For any of the causes mentioned in the
the same privileges to registered nurses of the preceding section;
Philippines on the same basis as the subjects (b) For unprofessional and unethical conduct;
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 NCM 119 (L&M)
(c) For gross incompetence or serious Nurses who have not actively practiced the
ignorance; profession for five (5) consecutive years are
d) For malpractice or negligence in the required to undergo one (1) month of
practice of nursing; didactic training and three (3) months of
(e) For the use of fraud, deceit, or false practicum
statements in obtaining a certificate of
registration/professional license or a S27. Qualifications of the Faculty
temporary/special permit (a) Be a registered nurse in the Philippines;
(f) For violation of this Act, the rules and (b) Have at least one (1) year of clinical
regulations, Code of Ethics for nurses and practice in a field of specialization;
technical standards for nursing practice, (c) Be a member of good standing in the
policies of the Board and the Commission, or accredited professional organization of
the conditions and limitations for the issuance nurses; and
of the temporarily/special permit; or (d) Be a holder of a master's degree in
(g) For practicing his/her profession during nursing, education, or other allied medical
his/her suspension from such practice; and health sciences
Provided, however, That the suspension of the In addition to the aforementioned
certificate of registration/professional license qualifications, the dean of a college must
shall be for a period not to exceed four (4) have a master's degree in nursing. He/she
years must have at least five (5) years of experience
in nursing.
S24. Re-issuance of Revoked Certificates and
Replacement of Lost Certificates Article VI. Practice S28. Scope of Nursing
Board may, after the expiration of a
maximum of four (4) years from the date of it shall be the duty of the nurse to:
revocation of a certificate, for reasons of Provide nursing care through the utilization of
equity and justice and when the cause for the nursing process. Nursing care includes:
revocation has disappeared or has been In case of suturing of perineal laceration,
cured and corrected, upon proper special training shall be provided according
application therefore and the payment of to protocol established;
the required fees, issue another copy of the (b) establish linkages with community
certificate of registration/professional license resources and coordination with the health
team;
Article V. Nursing Education S25. (c) Provide health education to individuals,
Nursing Education Program the nursing families and communities;
education program shall provide sound (d) Teach, guide and supervise students in
general and professional foundation for the nursing education programs including the
practice of nursing. administration of nursing services in varied
settings such as hospitals and clinics;
S26. Requirement for Inactive Nurses undertake consultation services; engage in
Returning to Practice such activities that require the utilization of
knowledge and decision-making skills of a
registered nurse; and
(e) Undertake nursing and health human
resource development training and research,
which shall include, but not limited to, the
development of advance nursing practice;
Provided, that this section shall not apply to
nursing students who perform nursing
functions under the direct supervision of a
qualified faculty: Provided, further, that in the
practice of nursing in all settings, the nurse is
duty-bound to observe the Code of Ethics for
nurses and uphold the standards of safe
nursing practice. The nurse is required to
maintain competence by continual learning
through continuing professional education to
be provided by the accredited professional
organization or any recognized professional
nursing organization:
Provided, finally, That the program and
activity for the continuing professional
education shall be submitted to and
approved by the Board
S29. Qualification of Nursing Service
Administrators.
A person occupying supervisory or
managerial positions requiring knowledge of
nursing must:
(a) Be a registered nurse in the Philippines;
(b) Have at least two (2) years’ experience in
general nursing service administration;
c) Possess a degree of Bachelors of Science
in Nursing, with at least nine (9) units in
management and administration courses at
the graduate level; and
(d) Be a member of good standing of the
accredited professional organization of
nurses;
Provided, that a person occupying the
position of chief nurse or director of nursing
4TH YEAR 1ST SEM; FINALS
service shall, in addition to the foregoing
qualifications, possess: (1) At least five (5)
years of experience in a supervisory or
managerial position in nursing; and
(2) A master's degree major in nursing;
Provided, further, that for primary hospitals,
the maximum academic qualifications and
experiences for a chief nurse shall be as
specified in subsections (a), (b), and (c) of this
section: Provided, furthermore, That for chief
nurses in the public health nursing shall be
given priority. Provided, even further, that for
chief nurses in military hospitals, priority shall
be given to those who have finished a
master's degree in nursing and the
completion of the General Staff Course
(GSC): Provided, finally, That those occupying
such positions before the effectivity of this Act
shall be given a period of five (5) years within
which to qualify
ARTICLE VII. Health Human Resources
Production, Utilization and Development
S30. Studies for Nursing Manpower Needs,
Production, Utilization and Development
S31. Comprehensive Nursing Specialty
Program
S32. Salary the minimum base pays of nurses
working in the public health institutions shall
not be lower than salary grade 15 prescribes
under Republic Act No. 6758, "Compensation
and Classification Act of 1989“
Provided, that for nurses working in local
government units, adjustments to their salaries
shall be in accordance with Section 10 of the
said law.
S33. Funding for the Comprehensive Nursing
6
 NCM 119 (L&M)
Specialty Program
S34. Incentives and Benefits
Article VIII Penal and Miscellaneous
Provisions
S35. Prohibitions in the Practice of Nursing
A fine of not less than (P50,000.00) nor more
than (P100,000.00) or imprisonment of not less
than one (1) year nor more than six (6) years,
or both, upon the discretion of the court, shall
be imposed upon:
any person practicing nursing in the
Philippines within the meaning of this Act:
1) without a certificate of
registration/professional license and
professional identification card or special
temporary permit
(2) who uses as his/her own certificate of
registration/professional license and
professional identification card or special
temporary permit of another; or
(3) who uses an invalid certificate of
registration/professional license, a suspended
or revoked certificate of
registration/professional license, or an expired
or cancelled special/temporary permits; or
(4) who gives any false evidence to the
Board in order to obtain a certificate of
registration/professional license, a
professional identification card or special
permit; or
(5) who falsely poses or advertises as a
registered and licensed nurse or uses any
other means that tend to convey the
impression that
(6) who appends B.S.N./R.N. (Bachelor of
Science in Nursing/Registered Nurse) or any
similar appendage to his/her name without
having been conferred said degree or
registration; or
(7) who, as a registered and licensed nurse,
abets or assists the illegal practice of a person
who is not lawfully qualified to practice
nursing.
(b) any person or the chief executive officer
of a judicial entity who undertakes in-service
educational programs or who conducts
review classes for both local and foreign
examination without permit/clearance from
the Board and the Commission; or
(c) any person or employer of nurses who
violate the minimum base pay of nurses and
the incentives and benefits that should be
accorded them as specified in Sections 32
and 34; or
(d) any person or the chief executive officer
of a juridical entity violating any provision of
this Act and its rules and regulations.
Legal Responsibilities of Nurses
We have different Legal Responsibilities.
Here are a few that will be discussed.
• Nurse Practice Act
• Patient Advocate
• Administering Medication
• Patient Neglect
• Consent Forms
Nurse Practice Act:
Every state has a Nurse Practice Act, which
states all the guidelines and laws for the
nurses who are licensed to practice in the
state. The act includes the limitations and
training specifications of each nurse. This
means that each nurse has been trained in a
specific area of nursing; therefore, the nurse
must practice in that area only. If a nurse is not
trained to administer medication or
treatment to a patient, the nurse is not
permitted to do so. The nurse must consult
with a physician or other nursing authority
when a situation arises that the nurse is not
certified to handle. Any wrongdoing is a
violation of this act, and the nurse may lose
his or her nursing license, as well as having a
suit filed against him or her or the health care
agency or hospital.
Patient Advocate:
A nurse has the legal responsibility to be the
advocate for the patient in all health care
instances, including emergencies. The nurse
will be the liaison between the physician and
the patient. The nurse has the legal duty to
monitor the patient and watch for any
abnormalities or complications that may
occur. If any occur, the nurse must access a
physician to provide immediate care for the
patient.
Administering Medication:
Any nurse who is certified to administer
medication to a patient must do so
accurately and timely. The nurse has the legal
responsibility to interpret the charts and files of
a patient and to understand what allergic
reactions patients may or may not have to a
certain medication. If a nurse does not
administer the correct dosage or medication
to a patient, the patient could suffer major
health risks or even death. This is grounds for a
malpractice suit against the nurse and health
care facility.
Patient Neglect:
The nurse will provide care for the patient he
or she is monitoring at all times. If the patient
needs assistance with any issues, such as
hygiene, the nurse has the legal responsibility
4TH YEAR 1ST SEM; FINALS
to assist the patient. If a nurse does not
monitor and provide care to the patient, this
can be considered patient neglect, which is
unethical and illegal. The patient may try to
move and use the restroom on his or her own
and may be physically injured in the process.
Some patients may harm themselves while
under the influence of medication, which
should not happen if the nurse is paying
proper attention to his or her patient.
Consent Forms:
Nurses have the legal responsibility to explain
all treatment, medications and lab results to
patients or authorized family members of
patients. Before a patient may undergo
surgery, he or she will need to sign a consent
form. If the nurse is administering the
treatment, such as anesthesia, it is the nurse’s
legal obligation to explain the negatives and
positives of the anesthesia. The patient or
family member must then sign a consent form
acknowledging that the patient understands
the procedure. If this form is not signed and
complications occur, the nurse may face
legal consequences.
The ethical principles that nurses must adhere
to are the principles of justice, beneficence,
nonmaleficence, accountability, fidelity,
autonomy, and veracity. Justice is fairness.
Nurses must be fair when they distribute care,
for example, among the patients in the group
of patients that they are taking care of.
Malpractice, Negligence, Tort, and Crimes
Medical Negligence
-often confused for medical malpractice
- the act or omission in treatment of a
patient by a medical professional, which
7
 NCM 119 (L&M)
deviates from the accepted medical
standard of care.
- does not imply or necessarily result in
injury
Medical Malpractice
- a form of negligence whereby a
doctor's negligent treatment causes
undue injury to the patient
- substandard conduct.
- The burden of proving these elements is
on the plaintiff in a malpractice lawsuit
Elements:
1. A duty of care was owed by the physician;
(Duty)
When a doctor or hospital accepts a patient
for treatment, a physician-patient relationship
is created. The first element of duty arises at
this stage. By accepting a case, the doctor or
hospital commenced the duty to render
medical service in favor of the patient in
accordance with the expected training and
skill of a medical practitioner.
2. The physician violated the applicable
standard of care; (Breach)
The second element of breach is present
when the hospital or doctor does treatment in
breach of professional duties. An example of
this would be a doctor that applies treatment
without consulting the patient’s history. It is a
standard operating procedure for all doctors
to apprise themselves about the medical
history of a person before they decide on
taking him/her as a patient. This process is
necessary so that the doctor can gauge
whether he/she is capable of successfully
helping the patient and also for the doctor to
make the proper preparations and decisions
with respect to how to treat said patient.
3. The person suffered a compensable injury;
(Injury)
When a doctor or hospital unjustifiably
refuses to proceed with treatment, or just
suddenly abandons his or her patient, the act
can be considered as breach of duty.
The presence of the third element arises
where injury, liability or even death arises as a
consequence of a negligent medical
treatment or procedure.
4. The injury was caused in fact and
proximately caused by the the substandard
conduct. (proximate causation )
The last element to establish medical
malpractice or medical negligence, is
however, the most difficult one to prove.
Medical procedures are fraught with varying
consequences, and affected by
innumerable factors such as the environment,
personal health, health of the other members
of the family, food intake, medicine, activities
of the patient, such that it would be difficult
to establish, to a convincing degree, whether
the injury is the proximate result or directly
arose from the procedure conducted.
Medical Malpractice Act of 2002
House Bill No. 4955
-is the first legislative bill addressing medical
malpractice - introduced by Rep. Oscar S.
Rodriguez of Pampanga and Rep. Ted Failon
of Tacloban
-objective of the bill is to strengthen the right
of a patient to quality medical care and to
provide penalties for health practitioners for
gross negligence.
- defines "malpractice" as any personal injury,
including death, caused by the negligent or
wrongful act or omission of any medical
practitioner
- Penalties: prision mayor or fine ranging from
P500,000 to P1,000,000, or both, plus
cancellation of the license to practice
medicine
The Health Care Liability Law of 2002
House Bill 5293
-sought to “ensure the safety and well-being
of patients by creating an environment
wherein incompetent and negligent medical
practitioners shall not go unpunished.
- medical practitioners demonstrated their
opposition through a dialogue where the
former overwhelmed the congressman with
questions on what they coin as an “anti-
doctors bill”.
- dropped the bill.
Various Senate Bills
SBN 3 – “An Act Declaring the Rights and
Obligations of Patients and Establishing a
Grievance Mechanism for Violations Thereof
and for Other Purposes” (Sen. Flavier)
SBN 121 – “An Act to Reduce
Medical Mistakes and Medication-Related
Errors” (Sen. EjercitoEstrada)
SBN 588 – “An Act Declaring the Rights of
Patients and Prescribing Penalties for
Violations Thereof”(Sen. Villar, Jr.)
SBN 1720 – “An Act to Protect Patients against
Medical Malpractice, Punishing the
Malpractice of Any Medical Practitioner and
Requiring Them to Secure Malpractice
Insurance and for Other Purposes(Sen.
Osmeña)
4TH YEAR 1ST SEM; FINALS
Pertinent Judicial Doctrines
Captain of the Ship
- holds the surgeon in charge of an operation
liable for the negligence of his assistants
during the time when those assistants are
under the surgeon’s control (Cantre vs. Sps.
Go, G.R. 160889)
- the operating surgeon is the person in
complete charge of the surgery room and all
personnel connected with the operation.
Their duty is to obey his orders. (Ampil vs.
Agana, G.R. No. 127590)
Borrowed Servant Rule
- provides that once a surgeon enters the
operating room and takes charge of the
proceedings, the acts or omission of
operating room personnel, and any
negligence associated with such acts or
omissions, are imputable to the surgeon
(Nogales vs. Capitol Medical Center, G.R.
No. 142625
Vicarious Liability: Ostensible Agency
- a.k.a.doctrine of apparent authority.
- a hospital can be held vicariously liable for
the negligent acts of a physician providing
care at the hospital, regardless of whether the
physician is an independent contractor,
unless the patient knows, or should have
known, that the physician is an independent
contractor.
-occurs when a hospital holds out itself as a
provider of emergency room care without
informing the patient that the care is
provided by independent contractors.
Remedies: Civil, Criminal and Administrative
Civil action
- Art. 2176. Whoever by act or omission causes
damage to another, there being fault or
8
 NCM 119 (L&M)
negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is no
pre-existing contractual relation between the
parties, is called a quasi-delict and is
governed by the provisions of this Chapter.
(Civil Code)
- Jurisdiction: MTC / RTC, depending on
amount of damages being claimed
Res Ipsa Loquitur
- literally “the thing or transaction speaks for
itself”
- requisites:
• The accident was of such character as to
warrant an inference that it would not have
happened except for the defendant’s
negligence;
• The accident must have been caused by
an agency or an instrumentality within the
exclusive management nor control of the
person charged with the negligence
complained of;
• The accident must not have been due to
any voluntary action or contribution on the
part of the person injured (Windvalley
Shipping Co., Ltd. vs. Court of Appeals, 342
SCRA 214).
Administrative action PRC Functions of the
Professional Regulatory Board:
• Investigate violations of set professional
standards and adjudicate administrative and
other cases against erring registrants
• Suspend, revoke, or reissue Certificate of
Registration for causes provided by law
Formal complaints should be submitted in
person at the PRC office. Formal complaints
undergo four stages:
• Docketing and Calendar - this starts from
the date of filing of the complaint to when the
notice of pre-trial is sent to the parties.
• Pre-trial and Depositions – covers the pre-
trial, depositions, and other practices
designed to dispense with, or limit time for the
reception of evidence
• Reception of Evidence – evidence for both
the complainant and for the respondent are
presented as well as the rebuttal evidence.
• Decision-making – discussions and vote on
the case and the preparation and signing of
the decision.
Administrative Code of Philippine Medical
Association Termination
Membership in the Association may be
terminated for any of the following causes:
Non-payment of dues for three (3)
consecutive years, and failure to pay such
dues within sixty (60) days of receipt of notice;
Any act inimical to the profession as
provided for in the Code of Medical Ethics,
and/or any act inimical to the Association;
Revocation of member's license to practice
medicine by the Professional Regulations
Commission, Board of Medicine; and
Voluntary resignation from the Association.
Administrative Code of Philippine Nursing
Association
Section 5. Termination of Membership –
Membership to the Association maybe
terminated on the following:
non-payment of annual dues; and violation
of the Philippine Nurses Association By-laws
violation of the Nursing Law
TORT
• Torts are civil laws address the legal
rights of patients and responsibilities of
the nurse in the nurse-patient
relationship.
• Torts a civil wrong made against a
person or property
and can be any of the following :
– The denial of a person’s legal right
– The failure to comply with a public
duty
– The failure to perform a private duty
that results in to harm another.
CATEGORIES OF TORT
Unintensional Torts
-unintensional torts include things like
malpractice and negligence.
Negligence -is a conduct that falls below the
standard of care.
-occurs when the nurse fails to
follow established policies, procedures, and
standards of care in the same manner that
another “reasonable” nurse would do in the
same situation. (Berman and Synder, 2012)
Example: The nurse doesn’t fully charge
equipment before
using it on a patient which could result in the
equipment running out of power too soon.
Malpractice - is one type of negligence
called professional negligence.
- occurs when a professional fails
to practice to an expected standard and a
patient is injured or harmed as a result.
Types of Nursing Malpractice
• Medication errors
• Failure to follow a physician‘s orders
• Delaying patient care and/or failure to
monitor a patient
• Incorrectly performing a procedure, or
trying to perform a procedure without training
• Documentation error
4TH YEAR 1ST SEM; FINALS
• Failure to get informed patient consent
Intentional Torts
- intentional torts include things like false
imprisonment,assault, battery,breaches of
privacy and patient confidentiality , fraud,
and defamation.
False Imprisonment - making a person stay in
pace against it’s wishes is false imprisonment.
Example: Restraining or confining a
patient to a locked room without proper
consent could constitute false imprisonment.
Assault - Assault occurs when a person puts
another person in fear of a harmful or
offensive contact. The victim fears and
believes that harm will result as a result of the
threat.
Example: Threatening a patient to give
injection.
Restrain a patient for an X-ray procesure
when the patient has refused consent
Battery - is an intentional touching without
consent, the contact is harmful to the patient
and causes an injury, or it is merely offensive
to the patient’s dignity.
Example: Giving/ force injection without
consent.
By pinching, slapping, kicking , and pulling of
hair.
Breaches of Privacy and Confidentiality - it is
when a patient's private information is
disclosed to a third party without their
consent or when a nurse shares patient
information with a person who is not a
member of the healthcare team or when a
patient’s electronic medical record is
accessed for a personal reason when a nurse
is not providing care.
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 NCM 119 (L&M)
Patient privacy encompasses a number of
aspects, including personal space (physical
privacy), personal data (informational
privacy), personal choices including cultural
and religious affiliations (decisional privacy),
and personal relationships with family
members and other intimates (associational
privacy).
Fraud - it results from a deliberate deception
intended to produce unlawful gains.
Example: Billing for services or supplies that
we're not rendered.
Mispresentation of the type or level of service
provided
Defamation - the action of damaging the
good reputation of someone; slander or libel.
Crime
Criminal actions are brought by the state
against a defendant accused of breaking a
law. Nurses have been prosecuted for crimes
such as negligent homicide, man-slaughter,
theft of narcotics, insurance fraud, and
falsifying medical records. A nurse who
attempts to conceal a negligent nursing
action (civil action) by entering false-
information in a medical record commits
fraud and falsification of a record and could
face criminal charges for these crimes.
When a nurse’s professional negligence rises
to the level of “reckless disregard for human
life” (a legal standard of conduct), the nurse
may face criminal charges of negligent
homicide or manslaughter. Each charge is
defined in the state criminal statutes and
requires certain elements the state must
prove.
Two well-known cases involving the initiation
of criminal charges against nurses for clinical
actions were the Colorado nurse who
administered a lethal dose of penicillin and
the Wisconsin nurse who administered an
epidural anesthetic agent to an obstetric
patient instead of an intravenous antibiotic. In
both cases these medication errors resulted in
the patient’s death. In such cases a nurse
might plead guilty, be acquitted, or take a
pretrial intervention (in which no criminal
charges are brought as long as the
defendants meet certain criteria).
Contracts/ Wills/ Testament
1. Succession - mode of acquisition of rights,
property & obligation transmitted thru will or
by operation of law upon the death of the
testator
2. Decedent - person whose property is
transmitted thru succession; testator
3. Estate - interest in hand or property to be
transmitted
4. Testamentary capacity - capacity to
comprehend the nature of transaction he is
engaging that time, recollect the property to
be disposed; the persons who would have
claims to the property, comprehend the
manner in which the instrument will distribute
the property
5. Wills - act whereby a person is permitted
with the formalities prescribed by law to
control to a certain degree the disposition of
his property to take effect upon his death
Who may make a will?
1. Married woman without the consent of the
husband & without authority of the court
(separate property, share of the conjugal
property or absolute community of property)
2. All persons who are not expressly
prohibited by law (minors, mentally
incapacitated; mental capacity to be
determined at the time of its execution
Forms/Kinds of Will
Notarial (3 or more credible witnesses,
attestation clause, acknowledgement)
a. Holographic - written, dated, and signed
by the testator himself
b. Joint or Mutual will - not allowed as a
matter of public policy
Witnesses to wills
a. Legal age
b. Not blind, deaf, or dumb
c. Able to read and write
d. Domiciled in the Philippines
e. Is not convicted of falsification of
document or false testimony
Living will
ð Health care proxy form provided by
hospitals
ð Form’s part of hospital records
ð Designates health care representative -
physical/mental incapacity
ð Includes to accept or refuse
treatment, services, procedures, provide,
withold or withdraw life - sustaining devices;
organ donation or acceptance
ð Doctor should be informed
ð Signed by patient and two other persons
ð It has the force of law
Advanced Directive/Durable power of
attorney
ð document made by a competent
individual to establish desired health care for
4TH YEAR 1ST SEM; FINALS
the future or give someone else the right to
make health care decision if the individual
becomes incompetent
ð Made part of the medical record
ð Physician must be notified of its presence so
that orders will be consistent with client'
wishes
NURSES AND CONTRACTS
Contracts – meeting if the minds between
two persons whereby one binds himself, with
respect to the other, to give something or to
render some services (Art. 1305, CC)
Characteristics of contracts:
1. Obligatory - has force of law between
parties
2. Autonomy - may establish agreement not
contrary to law, morals good order, public
order, public policy
3. Mutuality - binding on both parties
4. Relativity - takes effect between parties,
their assigns & heirs
Stages
1. Negotiation - from indicate interest to time
contract in concluded
2. Perfection - birth; meeting of the mind on
object and cause
3. Consummation – death; performance of
respective commitments
Kinds
1. Express - formal agreement whether
written or verbal
2. Implied - presumed or inferred from acts
ü Duo ut des - i give that you give
ü Duo ut facias - i give, you do
ü Facio Ut des - i do, you give
ü Facio Ut facias - i do, you do
3. Formal - required to be in writing by some
10
 NCM 119 (L&M)
special laws
4. Informal - is not required to be in writing;
intention is based on written document,
correspondence or oral/written agreement
5. Void or inexistent
ü object or purpose is contrary to law...
ü simulated or fictitious
ü object did not exist
ü object beyond commerce of man
ü performance of an impossible service
ü object cannot be determined with
certainty
ü expressly prohibited or declared by law as
void, invalid, ineffective
ü direct result of an illegal contract
6. Voidable - can be annulled or voided
ü one party is incapable of giving consent
ü consent is vitiated by mistake, violence,
intimidation, undue influence, fraud
Elements of validity
1. Consent
a.Legal age
b. Sound mind
c. Not under the influence of intoxicating
drugs
d. Not suffering from mental disability
2. Object or subject matter
a. Not outside commerce of man including
future things
b. Rights which are not in transmissible
c. Future inheritance in cases expressly
specified by law
d. All services which are not contrary to law
3. Cause - consideration, material, cause,
reason, motive, price or impelling influence
Breach of contract (culpa contractual) -
failure to perform an agreement whether
express or implied.
1. Prevention of performance
2. Failure because of inconvenience or
difficulty
3. Failure of cooperation
4. Abandonment of duty
5. Substitution of performance
6. Failure to use due care
Culpa aquilina (quasi delict) – no contract
but the nurse is still liable
Legal excuses
1. Discovery of material
misrepresentation
2. Where performance is illegal
3. Illness or force majeure
4. Death of patient or nurse
5. Insufficient contract
Under ordinary circumstances, as long as
a nurse is satisfied that a patient is
competent, she may witness a patient's
execution of his or her will by signing her
name in the presence of
the testator or testatrix and in the presence of
each of the one or more other attesting
witnesses as dictated by the laws of the
particular state in which the will is executed.
LABOR LAW
GUIDELINES GOVERNING THE EMPLOYMENT
AND WORKING CONDITIONS
OF HEALTH PERSONNEL IN THE PRIVATE
HEALTHCARE INDUSTRY
Pursuant to the rule-making power of the
Secretary of Labor and Employment under
Article 5 of the Labor Code of the Philippines,
as renumbered, and to ensure the protection
and welfare of health personnel employed in
the private healthcare industry, the following
guidelines are hereby issued for compliance
of all concerned:
SECTION 1. Coverage. - This Guidelines shall
apply to health personnel and
establishments, workplaces, operations and
undertakings in the private healthcare
industry.
This Guidelines shall likewise apply to other
workers in the private health care industry
who are exposed to airborne contaminants,
human carcinogens, substances, or
chemicals that exceed threshold limit values
or tolerance levels for an eight-hour workday
as prescribed under the Occupational Safety
and Health Standards (OSHS) and other
relevant regulations.
The employment and working conditions of
workers who will provide emergency medical
and dental services in establishments as
required under Article 163 of the Labor Code,
as renumbered, shall be governed by the
general provisions of the said Code and its
implementing rules and regulations.
SECTION 2. Definition of Terms. - As used
herein, the following terms shall mean:
a. “Healthcare Industry” refers to an
aggregation and integration of
sectors within the economic system that
provides health goods and services such as,
but not limited to, health promotion, disease
prevention, treatment, curative,
rehabilitative, palliative and hospice care.
b. "Health Personnel” refers to employees who
are engaged in health
and health-related work, which shall include,
but not limited to, physicians, nurses,
nutritionists, dietitians, pharmacists, social
workers, laboratory technicians, paramedical
technicians, psychologists, midwives,
attendants and all other allied health
4TH YEAR 1ST SEM; FINALS
personnel.
C. "Student-Trainee" or "Intern” refers to a
student enrolled in a
Philippine higher education or technical-
vocational institution undergoing training in a
hospital and other healthcare institutions for
purposes of fulfilling academic requirements
towards the attainment of a health-related
baccalaureate and post graduate degree or
vocational courses as prescribed under
existing laws and regulations.
d. "Apprentice” refers to a person undergoing
training for an approved
apprenticeable occupation during an
established period assured by an
apprenticeship agreement pursuant to the
Technical Education and Skills Development
Authority (TESDA) regulations.
e. "Resident Physicians” refers to licensed
physicians with training
agreements with training hospitals accredited
by the DOH whose training program is also
accredited by the PRC
SECTION 3. Minimum Benefits. - Health
personnel are entitled to not less than the
following benefits:
a. Wages for all actual work hours and days
shall not be lower than the
applicable minimum wage rates. Wages shall
be paid at least once every two weeks or
twice a month at intervals not exceeding
sixteen (16) days.
b. Holiday pay for the twelve (12) Regular
Holidays pursuant to Republic
Act No. 9849 (An Act Declaring The Tenth Day
Of Zhul Hijja, The Twelfth Month Of The Islamic
Calendar, A National Holiday For The
Observance Of Eidul Adha, Further Amending
11
 NCM 119 (L&M)
For The Purpose Section 26, Chapter 7, Book I
Of Executive Order No. 292, Otherwise Known
As The Administrative Code Of 1987, As
Amended). Health personnel shall be paid
holiday pay of hundred percent (100%) of the
minimum wage even if he/she did not report
for work.
If the health personnel is required to work on
said holiday, he/she shall be paid two
hundred percent (200%) of the minimum
wage.
c. Premium pay for work on Special Days of
thirty percent (30%) of their
basic wage.
d. Night shift pay of an additional ten percent
(10%) of the basic wage
for work between 10:00 pm and 6:00 am of
the following day.
e. Paid service incentive leave of five (5) days
for every year of service.
f. 13th month pay pursuant to Presidential
Decree No. 851, as amended,
which entitles the employee to receive, not
later than 24 December, equivalent to one-
twelfth (1/12) of the total basic salary earned
within the calendar year.
g. Paid maternity leave of sixty (60) days for
normal delivery or seventy
eight (78) days for caesarian section delivery,
pursuant to Republic Act No. 8282, otherwise
known as the Social Security Act of 1997.
h. Paid paternity leave of seven (7) days,
pursuant to Republic Act No.
8187, otherwise known as the Paternity Leave
Act of 1996.
i. Paid parental leave of seven (7) days for
solo parents pursuant to
Republic Act No. 8972, otherwise known as
the Solo Parents' Welfare Act of 2000.
Paid leave of ten (10) days for victims of
violence against women and their children,
pursuant to Republic Act No. 9262 otherwise
known as the Anti-Violence Against Women
and Their Children Act of 2004.
k. Paid special leave of up to sixty (60) days
for women for surgery
caused by gynecological disorders, pursuant
to Republic Act No. 9710, otherwise known as
the Magna Carta of Women.
Separation pay if the termination is due to any
of the authorized causes under Articles 298-
299 of the Labor Code, as renumbered.
m. Retirement pay upon reaching the age of
sixty (60) or more but not
beyond sixty-five (65) years old, pursuant to
the Labor Code, as amended by Republic
No. 7641.
n. All other benefits as provided under existing
labor laws and regulations.
The foregoing minimum benefits shall be
without prejudice to any company policy,
contract, or Collective Bargaining
Agreement providing for better terms and
conditions of employment.
SECTION 4. Hours of Work. - The normal hours
of work of health personnel shall not exceed
eight (8) hours a day.
Health personnel in cities and municipalities
with a population of at least one million
(1,000,000) or in hospitals and clinics with a
bed capacity of at least one hundred (100)
shall hold regular workhours for eight (8) hours
a day, for five (5) days a week, exclusive of
time for meals, except where the exigencies
of the service require that such personnel
work for six (6) days or forty-eight (48) hours, in
which case, they shall be entitled to an
additional compensation of at least thirty
percent (30%) of their regular wage for work
on the sixth day.
SECTION 5. Meal and Rest Periods. - The
employer shall provide his employees not less
than one (1) hour non-compensable time-off
for regular
Guidelines Governing The Employment and
Working Conditions of Health Personnel in the
Private Healthcare Industry Page 4 of 7
meals. Meal period of not less than twenty
(20) minutes may be given by the employer
provided that such shorter meal period is
credited as compensable hours worked
Rest periods or coffee breaks running from five
(5) to twenty (20) minutes shall be considered
as compensable working time.
SECTION. 6. Night Work Schedules. - The
employer shall, at his own initiative, consult
the recognized workers' representatives or
union in the establishment on the details of
the night work schedules.
In establishments employing night workers,
consultation shall take place regularly and
appropriate changes of work schedule shall
be agreed upon before it is implemented
taking into consideration the provisions of
Republic Act No. 10151 and its Implementing
Rules and Regulations.
SECTION 7. Waiting Time. - Waiting time, such
as endorsement period, spent by health
personnel shall be considered as working time
if he or she is required or engaged by the
employer to wait.
A health personnel who is required to remain
on call in the employer's premises or so close
thereto that he cannot use the time
effectively and gainfully for his own purpose
shall be considered as working while on call.
An employee who is not required to leave
word at his home or with company officials
where he may be reached is not working
while on call.
4TH YEAR 1ST SEM; FINALS
SECTION 8. Deductions from Salary. - No
deduction shall be made from the salary of
health personnel, except for:
‫م‬
a. SSS contribution;
Pag-IBIG contribution; PhilHealth contribution;
Withholding tax from income, provided a
proper withholding tax receipt is issued to the
employee before the filing of income tax
return
every year; e. Union dues, if authorized in
writing; and
Other deduction as may be authorized in
writing by the health personnel for payment
to a third person and the employer agrees to
do so, provided that the latter does not
receive any pecuniary benefit, directly or
indirectly, from the transaction.
SECTION 9. Compressed Workweek Schemes.
- Compressed workweek schemes shall not
be utilized in health services or in occupations
or workplaces in which employees are
exposed to airborne contaminants, human
carcinogens, substances, chemicals or noise
that exceed threshold limit values or
tolerance levels for an eight-hour workday as
prescribed under the Occupational
Safety and Health Standards (OSHS) pursuant
to DOLE Department Advisory No. 02, Series of
2004.
SECTION 10. Occupational Safety and Health.
- The employer shall adopt, implement and
promote occupational safety and health
programs consistent with the provisions of the
OSHS and other related laws and issuances,
to include prevention and control of
Tuberculosis, HIV AIDS, Hepatitis B, workplace
bullying and drug use in the workplace. The
employer shall likewise promote and
implement policies and programs on anti-
12
 NCM 119 (L&M)
smoking, anti-sexual harassment and disaster
and climate risk management. These
Occupational Safety and Health (OSH)
Programs shall cover all health personnel
regardless of the status of employment,
including apprentices, and student-trainees
or interns.
The employer shall organize a safety and
health committee in accordance with the
OSHS.
SECTION 11. Provision of Personal Protective
Equipment - All healthcare institutions are
required to provide their employees the
appropriate personal protective equipment
at no cost to employees, student-trainees or
interns, and apprentices pursuant to the OSHS
and other related laws and issuances.
SECTION 12. Social Welfare Benefits. - Without
prejudice to established company policy,
collective bargaining agreement or other
applicable employment agreement, all
health personnel shall be entitled to coverage
for social welfare benefits such as Pag-IBIG
Fund (Republic Act No. 7742), PhilHealth
(Republic Act No. 7875, as amended by
Republic Act No. 9241) Employees'
Compensation Law (Presidential Decree No.
626), and the Social Security Law (Republic
Act No 1161, as amended by Republic Act
No. 8282), and other applicable laws.
SECTION 13. Health Personnel Requirement for
Hospitals and other Healthcare Facilities. -
Every healthcare facility shall have an
adequate number of qualified, trained and
competent staff to ensure efficient and
effective delivery of quality services as
prescribed by DOH1.
SECTION 14. Right to Security of Tenure. -
Health personnel shall enjoy security of tenure
in their employment as provided by law. Their
services can only be terminated for just or
authorized causes pursuant to the provisions
of the Labor Code, as renumbered, and
subject to the requirements of due process.
SECTION 15. Right to Self-Organization and
Collective Bargaining. - Health personnel shall
have the right to form, join or assist in the
formation of a labor organization of their own
choosing for purposes of collective
bargaining and to engage in concerted
activities which are not contrary to law.
SECTION 16. Allowable Trainings. - The
following shall be observed with respect to
trainings in healthcare establishments:
a. Trainings for Employees. - All service
trainings of health
personnel required and conducted by the
healthcare
establishments shall be at no cost to the
health personnel. b. Trainings for Student-
Trainees or Interns. - All healthcare
establishments shall only be allowed trainings
for student trainees or interns in accordance
with the applicable guidelines on internship or
on-the-job trainings as issued by appropriate
government agencies. C. Apprenticeship. -
Any training or apprenticeship in healthcare
establishments shall be valid if it is in
accordance with the requirements under the
Labor Code, as renumbered, and other
related laws and issuances.
d. Resident Physicians in Training. - A resident
physician shall
not be considered an employee of the
healthcare establishment if the following
elements are present: 1. There is a training
agreement between them; and 2. The
training program is duly accredited or
approved by the
appropriate government agency.
The foregoing is without prejudice to the
findings of the appropriate DOLE Regional
Office based on the result of inspection
conducted pursuant to the provisions of
Article 128 of the Labor Code, as
renumbered, and its implementing rules and
regulations.
SECTION 17. Volunteer Programs. - All health
related volunteer programs shall only be
undertaken by Department of Health (DOH)
accredited non-profit hospitals or
government hospitals in accordance with the
provisions of Republic Act No. 9418 and its
implementing rules and regulations.
Volunteer programs carried-out by profit-
oriented hospitals or health care institutions
shall be subject to the requirements of the
Labor Code, as renumbered, based on
employer-employee relationship between
the so-called volunteer and the healthcare
institution.
The practice of profit-oriented healthcare
establishments in accepting volunteers is
prohibited.
SECTION 18. Compliance and Enforcement. -
Compliance with labor standards shall be
enforced by the DOLE Regional Office which
has jurisdiction over the workplace in
accordance with the provisions of Article 128
of the Labor Code, as renumbered, and its
implementing rules and regulations.
SECTION 19. Conciliation-Mediation through
the Single Entry Approach (SENA). - All issues
on employment involving health personnel,
such as disciplinary measures, suspension
and termination, shall be subject to the 30
day mandatory conciliation-mediation or the
Single Entry Approach (SENA) of the DOLE
pursuant to Department Order No. 151-16 or
4TH YEAR 1ST SEM; FINALS
the Implementing Rules and Regulations of
Republic Act No. 10396.
SECTION 20. Non-diminution of Benefits. -
Nothing herein shall be construed to authorize
diminution of benefits being enjoyed by
health personnel at the time of issuance
hereof.
SECTION 21. Repealing Clause. - All policies,
issuances, rules and regulations and
agreements inconsistent with this Guidelines,
are hereby repealed or modified
accordingly.
SECTION 22. Effectivity. - This Order shall take
effect fifteen (15) days after its publication in
a newspaper of general circulation.
Republic Act 7305: Magna Carta of Public
Health Workers
SECTION 1. Title. – This Act shall be known as
the “Magna Carta of Public Health Workers.“
SEC. 2. Declaration of the Policy. – The State
shall instill health consciousness among our
people to effectively carry out the health
programs and projects to the government
essential for the growth and health of the
nation. Towards this end, this Act aims:
(a) to promote and improve the social and
economic well-being of the health workers,
their living and working conditions and terms
of employment;
(b) to develop their skills and capabilities in
order that they will be more responsive and
better equipped to deliver health projects
and programs; and
(c) to encourage those with proper
13
 NCM 119 (L&M) 4TH YEAR 1ST SEM; FINALS

qualifications and excellent abilities to join SEC. 5. Performance Evaluation an Merit case to the Civil Service Commission, which Health Staff. – There shall be no understaffing
and remain in government service. Promotion. – The Secretary of Health, upon shall cause his/her reassignment to be held in or overloading of public health workers. The
consultation with the proper government abeyance; Provided, That no transfer and/or ratio of health staff to patient load shall be
SEC. 3. Definition. – For purposes of this Act,
agency concerned and the Management- reassignment whatsoever shall be made such as to reasonably effect a sustained
“health workers” shall mean all persons who
Health Workers’ Consultative Councils, as three (3) months before any local or national delivery of quality health care at all times
are engaged in health and health-related
established under Section 33 of this Act, shall elections: Provided, further, That the without overworking the public health worker
work, and all persons employed in all
prepare a uniform career and personnel necessary expenses of the transfer and/or and over extending his/her duty and service.
hospitals, sanitaria, health infirmaries, health
development plan applicable to all public reassignment of the public health worker and Health students and apprentices shall be
centers, rural health units, barangay health
health personnel. Such career and personnel his/her immediate family shall be paid for the allowed only for purposes of training and
stations, clinics and other health-related
development plan shall include provisions on Government. education.
establishments owned and operated by the
merit promotion, performance evaluation, In line with the above policy, substitute
Government or its political subdivisions with
inservice training grants, job rotation, officers or employees shall be provided in
original charters and shall include medical,
suggestions and incentive award system. SEC. 7. Married Public Health Workers. – place of officers or employees who are on
allied health professional, administrative and
The performance evaluation plan shall Whenever possible, the proper authorities leave for over three (3) months. Likewise, the
support personnel employed regardless of
consider foremost the improvement of shall take steps to enable married couples, Secretary of Health or the proper government
their employment status.
individual employee efficiency and both of whom are public health workers, to official shall assign a medico-legal officer in
organizational effectiveness: Provided, That be employed or assigned in the same every province.
SEC. 4. Recruitment and Qualification. –
each employee shall be informed regularly municipality, but not in the same office. In places where there is no such medico-legal
Recruitment policy and minimum
by his/her supervisor of his/her performance officer, rural physicians who are required to
requirements with respect to the selection
evaluation. SEC. 8. Security of Tenure. – In case of regular render medico-legal services shall be entitled
and appointment of a public worker shall be
The merit promotion plan shall be in employment of public health workers, their to additional honorarium and allowances.
developed and implemented by the
consonance with the rules of the Civil Service services shall not be terminated except for
appropriate government agencies
Commission. cause provided by law and after due SEC. 11. Administration Charges. –
concerned in accordance with policies and process: Provided, That if a public health Administrative charges against a public
standards of the Civil Service Commission:
SEC. 6. Transfer or Geographical workers is found by the Civil Service health worker shall be heard by a committee
Provided, That in the absence of appropriate
Reassignment of Public health Workers. Commission to be unjustly dismissed from composed of the provincial health officer of
eligibles and it becomes necessary in the
(a) a transfer is a movement from one work, he/she shall be entitled to the province where the public health worker
public interest to fill a vacancy, a temporary
position to another which is of equivalent reinstatement without loss of seniority rights belongs, as chairperson, a representative of
appointment shall be issued to the person
rank, level or salary without break in service; and to his/her back wages with twelve any existing national or provincial public
who meets all the requirements for the
(b) a geographical reassignment, percent (12%) interest computed from the health workers’ organization or in its absence
position to which he/she is being appointed
hereinafter referred to as “reassignment,” is a time his/her compensation was withheld from its local counterfeit and a supervisor of the
except the appropriate civil service eligibility: movement from one geographical location his/her up to time of reinstatement. district, the last two (2) to be designated by
Provided, further, That such temporary
to another; and the provincial health officer mentioned
appointment shall not exceed twelve (12)
(c) a public health worker shall not be above. The committee shall submit its findings
months nor be less than three (3) months
transferred and or reassigned, except when SEC. 9. Discrimination Prohibited. – A public and recommendations to the Secretary of
renewal thereafter but that the appointee
made in the interest of public service, in which worker shall not be discriminated against with Health within thirty (30) days from the
may be replaced sooner if (a) qualified civil
case, the employee concerned shall be regard to gender, civil status, civil status, termination of the hearings. Where the
service eligible becomes available, or (b) the
informed of the reasons therefore in writing. If creed, religious or political beliefs and ethnic provincial health officer is an interested party,
appointee is found wanting in performance the public health worker believes that there is groupings in the exercise of his/her profession. all the members of the committee shall be
or conduct befitting a government
no justification for the transfer and/or appointed by the Secretary of Health.
employee.
reassignment, he/she may appeal his/her SEC. 10. No Understaffing/Overloading of

14
 NCM 119 (L&M)
SEC. 12. Safeguards in Disciplinary
Procedures – In every disciplinary
proceeding, the public health worker shall
have;
(a) the right to be informed, in writing, of
the charges;
(b) the right to full access to the evidence
in the case;
(c) the right to defend himself/herself and
to be defended by a representative of his/her
choice and/or by his/her organization,
adequate time being given to the public
health worker for the preparation of his/her
defense;
(d) the right to confront witnesses
presented against him/her and summon
witnesses in his/her behalf;
(e) the right to appeal to designated
authorities;
(f) the right to reimbursement of
reasonable expenses incurred in his/her
defense in case of exoneration or dismissal of
the charges; and
(g) such other rights as will ensure fairness
and impartiality during proceedings.
SEC. 13. Duties and Obligations. – The public
health workers shall:
(a) discharge his/her duty humanely wit
conscience and dignity;
(b) perform his/her duty with utmost
respect for life; and race, gender, religion,
nationality, party policies, social standing or
capacity to pay.
SEC. 14. Code of Conduct. – Within six (6)
months from the approval of this Act, the
Secretary of Health, upon consultation with
other appropriate agencies, professional and
health workers’ organization, shall formulate
and prepare a Code of Conduct for Public
Health Workers, which shall be disseminated
as widely as possible.
SEC. 15. Normal Hours of Work. – The normal
of wok of any public health worker shall not
exceed eight (8) hours a day or forty (40)
hours a week. Hours worked shall include:
(a) all the time during which a public health
worker is required to be on active duty or to
be at a prescribed workplace; and
(b) all the time during which a public health
worker is suffered or permitted to work.
Provided, That the time when the public
health worker is place on “On Call” status
shall not be considered as hours worked but
shall entitled the public health worker to an
“On Call” pay equivalent to fifty percent
(50%) of his/her regular wage. “On Call” status
refers to a condition when public health
workers are called upon to respond to urgent
or immediate need for health/medical
assistance or relief work during emergencies
such that he/she cannot devote the time for
his/her own use.
SEC. 16. Overtime Work. – Where the
exigencies of the service so require, any
public health worker may be required t
render, service beyond the normal eight (8)
hours a day. In such a case, the workers shall
be paid an additional compensation in
accordance with existing laws and prevailing
practices.
SEC. 17. Work During Rest Day. –
(a) Where a public health worker is made
to work on his/her schedule rest day, he/she
shall be paid an additional compensation in
accordance with existing laws; and
(b) Where a public health worker is made
to worm on any special holiday he/she shall
be paid an additional compensation in
accordance with existing laws. Where such
holiday work falls on the workers’ scheduled
rest day, he/she shall be entitled to an
additional compensation as may be
provided by existing laws.
SEC. 18. Night-Shift Differential. –
(a) Every public health worker shall be
paid night-shift differential of ten percent
(10%) of his/her regular wage for each hour of
work performed during the night-shifts
customarily adopted by hospitals.
(b) Every health worker required to work
on the period covered after his/her regular
schedule shall be entitled to his/her regular
wage plus the regular overtime rate and an
additional amount of ten percent (10%) of
such overtime rate for each hour of work
performed between ten (10) o’clock in the
evening to six (6) o’clock in the morning.
SEC. 19. Salaries. – In the determination of the
salary scale of public health workers, the
provisions of Republic Act No. 6758 shall
govern, except that the benchmark for Rural
Health Physicians shall be upgraded to Grade
24.
(a) Salary Scale – Salary Scales of public
health workers shall be provided progression:
Provided, That the progression from the
minimum to maximum of the salary scale shall
not extend over a period of ten (10) years:
Provided, further, That the efficiency rating of
the public health worker concerned is at least
satisfactory.
(b) Equality in Salary Scale – The salary
scales of public health workers whose salaries
are appropriated by a city, municipality,
district, or provincial government shall not be
4TH YEAR 1ST SEM; FINALS
less than those provided for public health
workers of the National Government:
Provided, That the National Government shall
subsidize the amount necessary to pay the
difference between that received by
nationally-paid and locally-paid health
workers of equivalent positions.
(c) Salaries to be Paid in Legal Tender. –
Salaries of public health workers shall be paid
in legal tender of the Philippines or the
equivalent in checks or treasury warrants:
Provided, however, That such checks or
treasury warrants shall be convertible to cash
in any national, provincial, city or municipal
treasurer’s office or any banking institution
operating under the laws of the Republic of
the Philippines.
(d) Deductions Prohibited – No person
shall make any deduction whatsoever from
the salaries or public health workers except
under specific provision of law authorizing
such deductions: Provided, however, That
upon written authority executed by the
public health worker concerned, (a) lawful
dues or fees owing to any
organization/association where such public
health worker is an officer or member, and (b)
premium properly due all insurance policies,
retirement and medicare shall be considered
deductible.
SEC. 20. Additional Compensation. –
Notwithstanding Section 12 of Republic Act
No. 6758, public workers shall received the
following allowances: hazard allowance,
subsistence allowance, longevity pay,
laundry allowance and remote assignment
allowance
SEC. 21. Hazard Allowance. – Public health
worker in hospitals, sanitaria, rural health units,
15
 NCM 119 (L&M)
main centers, health infirmaries, barangay
health stations, clinics and other health-
related establishments located in difficult
areas, strife-torn or embattled areas,
distresses or isolated stations, prisons camps,
mental hospitals, radiation-exposed clinics,
laboratories or disease-infested areas or in
areas declared under state of calamity or
emergency for the duration thereof which
expose them to great danger, contagion,
radiation, volcanic activity/eruption
occupational risks or perils to life as
determined by the Secretary of Health or the
Head of the unit with the approval of the
Secretary of Health, shall be compensated
hazard allowance equivalent to at least
twenty-five percent (25%) of the monthly
basic salary of health workers receiving salary
grade 19 and below, and five percent (5%)
for health workers with salary grade 20 and
above.
SEC. 22. Subsistence Allowance. – Public
health workers who are required to render
service within the premises of hospitals,
sanitaria, health infirmaries, main health
centers, rural health units and barangay
health stations, or clinics, and other health-
related establishments in order to make their
services available at any and all times, shall
be entitled to full subsistence allowance of
three (3) meals which may be computed in
accordance with prevailing circumstances
as determined by the Secretary of Health in
consultation with the Management Health
Workers’ Consultative Councils, as
established under Section 33 of this Act:
Provided, That representation and travel
allowance shall be given to rural health
physicians as enjoyed by municipal
agriculturists, municipal planning and
development officers and budget officers.
SEC.23. Longevity Pay. – A monthly longevity
pay equivalent to five percent (5%) of the
monthly basic pay shall be paid to a health
worker for every five (5) years of continuous,
efficient and meritorious services rendered as
certified by the chief of office concerned
commencing with the service after the
approval of this Act.
SEC. 24. Laundry Allowance. – All public
health workers who are required to wear
uniforms regularly shall be entitled to laundry
allowance equivalent to one hundred
twenty-five pesos (P125.00) per month:
Provided, That this rate shall be reviewed
periodically and increased accordingly by
the Secretary of Health in consultation with
the appropriate government agencies
concerned taking into account existing laws
and prevailing practices.
SEC. 25. Remote Assignment Allowance. –
Doctors, dentists, nurses, and midwives who
accept assignments as such in remote areas
or isolated stations, which for reasons of far
distance or hard accessibility such positions
had not been filed for the last two (2) years
prior to the approval of this Act, shall be
entitled to an incentive bonus in the form of
remote assignment allowance equivalent to
fifty percent (50%) of their basic pay, and shall
be entitled to reimbursement of the cost of
reasonable transportation to and from and
during official trips.
In addition to the above, such doctors,
dentists, nurses, and midwives mentioned in
the preceding paragraph shall be given
priority in promotion or assignment to better
areas. Their tour of duties in the remote areas
shall not exceed two (2) years, except when
there are no positions for their transfer or they
prefer to start in such posts in excess of two (2)
years.
SEC. 26. Housing. – All public health workers
who are in tour of duty and those who,
because of unavoidable circumstances are
forces to stay in the hospital, sanitaria or
health infirmary premises, shall entitles to free
living quarters within the hospital, sanitarium
or health infirmary or if such wuarters are not
available, shall receive quarters allowance as
may be determined by the Secretary of
Health and other appropriate government
agencies concerned: Provided, That this rate
shall be reviewed periodically and increased
accordingly by the Secretary of Health in
consultation with the appropriate
government agencies concerned.
For purposes of this Section, the Department
of Health is authorized to develop housing
projects in its own lands, not otherwise
devoted for other uses, for public health
workers, in coordination with appropriate
government agencies.
SEC. 27. Medical Examination. – Compulsory
medical examination shall be provided free
of charge to all public health workers before
entering the service in the Government or its
subdivisions and shall be repeated once a
year during the tenure of employment of all
public health workers: Provided, That where
medical examination shows that medical
treatment and/or hospitalization is necessary
for those already in government service, the
treatment and/or hospitalization including
medicines shall be provided free either in a
government or a private hospital by the
government entity paying the salary of the
4TH YEAR 1ST SEM; FINALS
health worker: Provided, further, That the cost
of such medical examination and treatment
shall be included as automatic appropriation
in said entity’s annual budget.
SEC. 28. Compensation of Injuries. – Public
health workers shall be protected against the
consequences of employment injuries in
accordance with existing laws. Injuries
incurred while doing overtime work shall be
presumed work-connected.
SEC. 29. Leave Benefits for Public Health
Workers. – Public health workers are entitled
to such vacation and sick leaves as provided
by existing laws and prevailing practices:
Provided, That in addition to the leave
privilege now enjoyed by public health,
women health workers are entitled to such
maternity leaves provided by existing laws
and prevailing practices: Provided, further,
That upon separation of the public health
workers from services, they shall be entitled to
all accumulated leave credits with pay.
SEC. 30. Highest Basic Salary Upon
Retirement – Three (3) prior to the compulsory
retirement, the public health worker shall
automatically be granted one (1) salary
range or grade higher than his/her basic
salary and his/her retirement benefits
thereafter, computed on the basis of his/her
highest salary: Provided, That he/she has
reached the age and fulfilled service
requirements under existing laws.
SEC. 31. Right to Self-Organization. – Public
health workers shall have the right to freely
16
 NCM 119 (L&M)
from, join or assist organizations or unions for
purposes not contrary to law in order to
defend and protect their mutual interests and
to obtain redness of their grievances through
peaceful concerned activities.
However, meanwhile the State recognizes
the right of public health workers to organize
or join organization, public health workers on-
duty cannot declare, stage or join any strike
or cessation of their service to patients in the
interest of public health, safety or survival of
patients.
SEC. 32. Freedom from Interference or
Coercion. – It shall be unlawful for any person
to commit any of the following acts of
interference or coercion:
(a) to require as a condition of
employment that a public health worker shall
not join a health workers’ organization or
union or shall relinquish membership therein;
(b) to discriminate in regard to hiring or
tenure of employment or any item or
condition of employment in order to
encourage or discourage membership in any
health workers’ organization or union;
(c) to prevent a health worker from
carrying out duties laid upon him/her by
his/her position in the organization or union, or
to penalize him/her for the action undertaken
in such capacity;
(d) to harness or interfere with the
discharge of the functions of the health
worker when these are calculated to
intimidate or to prevent the performance of
his/her duties and responsibilities; and
(e) to otherwise interfere in the
establishment, functioning, or administration
of health workers organization or unions
through acts designed to place such
organization or union under the control of
government authority.
SEC. 33. Consultation With Health Worker’s
Organization. – In the formulation of national
policies governing the social security of public
health workers, professional and health
workers, organizations or unions as well as
other appropriate government agencies
concerned shall be consulted by the
Secretary of Health. For this purpose,
Management Health Worker’s Consultative
Councils for national, regional and other
appropriate levels shall be established and
operationalized.
SEC. 34. Health Human Resource
Development/Management Study. – The
Department of Health shall conduct a
periodic health human resource
development/management study into,
among others, the following areas;
(a) adequacy of facilities and supplies to
render quality health care to patients and
other client population;
(b) opportunity for health workers to grow
and develop their potentials and experience
a sense of worth and dignity in their work.
Public health workers who undertake
postgraduate studies in a degree course shall
be entitled to an upgrading in their position or
raise in pay: Provided, That it shall not be more
than every two (2) years;
(c) mechanisms for democratic
consultation in government health institutions;
(d) staffing patterns and standard or
health care to ensure that the people
receive-quality care. Existing
recommendations on staffing and standards
of health care shall be immediately and
strictly enforced;
(e) ways and means of enabling the rank-
and-file workers to avail of education
opportunities for personal growth and
development;
(f) upgrading of working conditions,
reclassification positions and salaries of public
health workers to correct disparity vis-a-vis
other professions such that positions requiring
longer study to upgrade and given
corresponding pay scale; and
(g) assessment of the national policy on
exportation of skilled health human resource
to focus on how these resources could
instead be utilized productivity for the
country’s needs.
There is hereby created a Congressional
Commission on Health (HEALTHCOM) to
review and assess health human resource
development, particularly on continuing
professional education and training and the
other areas described above. The
Commission shall be composed of five (5)
members of the House of Representatives
and five (5) members of the Senate. It shall be
co-chaired by the chairperson of the
Committee on health of both houses. It shall
render a report and recommendation to
Congress which shall be the basis for policy
legislation in the field of health. Such a
congressional review shall be undertaken
once every five (5) years.
Salary Standardization Law
Republic Act No. 11466
AN ACT MODIFYING THE SALARY
SCHEDULE FOR CIVILIAN GOVERNEMNT
PERSONNEL AND AUTHOROZING THE GRANT
OF ADDITIONAL BENEFITS, AND FOR OTHE
PURPOSES.
4TH YEAR 1ST SEM; FINALS
SECTION 1. Short Title. - This Act shal be known
as the “Salary Standardization Law of 2019”.
SECTION 2. Statement of Policy - It is hereby
declared the policy of the State to provide all
government personnel a just and equitable
compensation in accordance with the
principle of equal pay for work of equal value.
In pursuing this policy, the State shall ensure
that:
• Differences in pay shall be
based upon substantive differences
in duties, responsibilities,
accountabilities and qualification
requirements of the position.
• The compensation for all
civilian government personnel shall
be standardized and rationalized
across all government agencies to
create an enabling environment that
will promote social justice, integrity,
efficiency, productivity,
accountability and excellence in the
civil service.
• The compensation of all
civilian personnel shall generally be
competitive with those in the private
sector doing comparable work in
order to attract, retain and motivate
a corps of competent and
dedicated civil servants.
• A performance-based
incentive scheme which integrates
personnel and organizational
performance shall be established to
reward exemplary civil servants and
well-performing organizations.
• The compensation scheme
shall take into consideration on the
17
 NCM 119 (L&M)
financial capability of the
government and shall give due
regard to the efficient allocation of
funds for personnel services, which
shall be maintained at a realistic level
in proportion to the overall
expenditure of the government.
SECTION 3. Coverage - This Act shall apply to
all civilian government personnel in the
Executive Legislative and Judicial Branches,
Constitutional Commissions and other
Constitutional Offices, government-owned or
-controlled corporations (GOCCs) not
covered by Republic Act No. 10149, and
local government units (LGUs). This shall cover
government personnel whether regular,
contractual or casual, appointive or elective;
and on full-time or part-time basis.
SECTION 4. Exclusions. - The following shall be
excluded from the coverage of this Act:
Military and uniformed personnel;
GOCCs under Republic Act No. 10149 which
shall be covered by a Compensation and
Position Classification System (CPCS)
established by the Governance Commission
for GOCCs (GCG) and approved by the
President of the Philippines;
Individuals whose services are engaged
through job orders, contracts of service,
consultancy or service contracts with no
employer-employee relationship.
SECTION 5. Position Classification System. - The
following re-categorized groups of classes of
positions prescribed and defined under Item
(3) of Joint Resolution No.4, series of 2009 shall
be maintained, I,e.: (a) Sub-professional
Category; (b) Professional Category; and (c)
Executive Category. The Index of
Occupational Services, Occupational
Groups, Classes and Salary Grades (IOS, for
brevity) shall continually be reviewed and
updated by the Department of Budget and
Management (DBM) in consideration of
substantial changes in and complexity of
duties and responsibilities of position, work
methods, skills, competencies, and other
relevant factors.
SECTION 6. Compensation System. - The Total
Compensation Framework established under
Item (4) of Joint Resolution No. 4. series of
2009, consisting of the following components,
shall continue to be adopted:
Basic Salaries including Step Increments
Standard Allowances and Benefits
Specific-Purpose Allowances and Benefits
Incentives
SECTION 7. Salary Schedule Including Step
Increments. - The modified Salary Schedule
for Civilian Personnel, to be implemented in
for tranches.
(insert images)
The rates in the Salary Schedule
represent monthly remuneration for regular or
contractual personnel, whether appointive of
elective, and on full-time employment. The
remuneration for those on part-time basis shall
be proportionate to the actual services
rendered.
Casual personnel shall be paid daily
wage rate computed by dividing the
corresponding monthly salary rate in the
above schedule by twenty-two (22) working
days.
SECTION 8. Mid-Year Bonus. - As part of the
Incentives under the Total Compensation
Framework, the Mid-Year Bonus equivalent to
one (1) month basic salary as of May 15 of a
given year, shall be granted to those who
have rendered at least four (4) months of
satisfactory service as of same date, to be
given not earlier that May 15 of every year.
The existing Year-End Bonus
equivalent to (1) month basic salary and
Cash Gift of Five thousand pesos (P5,000),
which are categorized under the Standard
Allowances and Benefits component of the
Total Compensation Framework, shall be
given in November of every year.
SECTION 9. Program on Award and Incentives
for Services Excellence (PRAISE). - The PRAISE
instituted by the Civil Service Commission
(CSC) pursuant to the provisions of Executive
Order No. 292 (Administrative Code of 1987)
stipulating the establishment on an employee
suggestions and incentive awards system,
shall be categorized under the Incentive
component of the Total Compensation
Framework. The guidelines on the monetary
and/or non-monetary rewards for recognition
of personnel under the PRAISE shall be issued
by the CSC in consultation with the DBM.
SECTION 10. Compensation Adjustment for
Personnel of Local Government Units. - The
modified Salary Schedule and additional
Incentives authorized herein may be granted
to personnel of LGUs subject to compliance
with the Personnel Services (PS) linitation in the
LGU budget under Section 325 and 331 of
Republic Act No. 7160 and authorization from
the Sanggunian as provided under Section
447(a), 458(a) and 468(a) of Republic Act No.
7160
4TH YEAR 1ST SEM; FINALS
SECTION 11. Implementation Schedule. - For
personnel of national government agencies
(NGAs), the Salary Schedule in Section 7
hereof shall be implemented in four (4)
tranches, with the first tranche beginning in
January 1,2020, the second tranche
beginning on January 1, 2021, the third
tranche beginning on January 1,2022 and the
fourth tranche beginning on January 1,2023.
For personnel of GOCCs and LGUs,
the implementation period shall not be less
than four (4) years depending on their
financial capabilities: Provided, That the initial
implementation shall not be earlier than
January 1,2020.
SECTION 12. Exempt Entities. - Exempt entities
refers to: (a) government agancies that are
not covered by the CPCS authorized under
Republic Act No. 6758, as amended; (b)
GOCCs governed by the (CPCS) established
by GCG under Republic Act No. 10149; and
(c) those authorized by law and have
actually adopted their own compensation
and position classification system.
Exempt entities shall be governed by
their respective compensation and position
classification systems which shall be made
effective upon the reccommendation of the
DBM of GCG, as the case may be, and
approval by the President of the Philippines.
SECTION 13. Applicability to Certain Officials.-
Pursuant to Section 6 of Article VII and Section
10 of Article VI of the Constitution, the salaries
authorized herein for the President of the
Philippines, Vice-President of the Philippines
and Members of Congress shall be take
effect only after the expiration of the
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 NCM 119 (L&M) 4TH YEAR 1ST SEM; FINALS

respective terms of the present incumbents.
SECTION 14. Funding Soures. - The funding
sources for the amounts necessary to
implement this Act shall be as follows:
For NGAs, the amount needed for the salary
adjustment in FY 2020 shall be charged
against any available appropriations in the FY
2020 General Appropriations Act and ant
other available and valid appropriations.
Thereafter, such amounts as are needed shall
be included in the annual General
Appropriations Act.
For GOCCs, the amount shall come from their
respective corporate funds in the corporate
operating budgets approved by the DBM.
GOCCs which do not have sufficient funds
shall only partially implmented the rates of
compensation authorixed herein: Provided,
That any partial implementation shall be at
uniform proportion of such rates for all
positions in each GOCC.
For LGUs, the amount shall be charged
against their respective local government
funds in accordance with the pertinent
provisions of this Act and Rrepublic Act No.
7160.
Decree No. 985 as Amended by Presidential
Decree No. 1597 and Other Related Laws. -
All provision of Presidential Decree No. 985, as
amended by Presidential Decree No. 1597;
Republic Act No. 6758; Joint Resolution No. 1,
series of 1994; Joint Resolution No. 4, series of
2009; and Executive Order No. 201, series of
2016, which are not inconsistent with,
expressly modified, revoked or replaced in
this Act shall continue to be in full force and
effect.
SECTION 18. Repealing Clause. - All laws,
decrees, orders, rules or regulations or parts
thereof inconsistent with the provision of this
Act are hereby repealed, amended, or
modified accordingly.
SECTION 19. Effectivity. - This Act shall take
effect on January 1. 2020.

SECTION 15. Implementing Guidlines. - The

DBM shall issue the guidlinws necessary to
implement specific provision of this Act.

SECTION 16. Separability Clause. - If, for any

reason, any section of provision of this Act is
declared to be unconstitutional or invalid, the
other sections or provisions hereof which are
not affected thereby shall continue to be in
full force and effect.

SECTION 17. Applicability of Presidential

19