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MIDWIFERY

JURISPRUDENCE
(Law in the Profession)
Classification
and
Branches of Law
JURISPRUDENCE

• Jurisprudence IS THE SCIENCE OF LAW.


– It embraces all the laws enacted by the legislative body of the state, all
rules and regulation promulgated by those in authority, court decisions
and formal principles upon which laws are based.

• Midwifery jurisprudence includes all laws, court decisions,


legal principles and doctrines, rules and promulgations which
regulate the practice of midwifery.
The practice of midwifery is regulated by the
following:
The LAW and the MIDWIVES
1. The midwifery law
2. The constitution of the republic of the Philippines
3. Rules and regulation promulgated by the board of midwifery and professional regulation
commission
4. Decision of the board of midwifery and PRC which has a bearing on the practice of midwifery
5. Decisions of the supreme court on cases relevant to midwifery practice
6. The revised penal code
7. The new civil code of the Philippines
8. The revised rules of court
9. The national internal revenue code
10. Other laws which affects the practice of midwifery
11. The labor code
12. Amendments of previous laws relevant to midwifery practice
LAW DEFINED

• A rule of conduct or action formally recognized as binding and


enforced by a controlling authority

• An ordinance of reason promulgated for common good, or protect


the society at large.

• Are specific rules of conduct which defines actions are legal and
illegal actions
CHARACTERISTICS OF LAW

• It is a rule of conduct or action which determined


what can be done and what cannot be done.

• Law is obligatory which means that every person is


obliged to follow the law.
LAW cont’d.

• It is promulgated by the legitimate authority.


– In the Philippines, the congress, the legislative branch of the government,
is the legitimate body that enacts laws.
• It is of common observance and benefit.
– Law is promulgated to regulate the conduct of man and maintain
harmony in society.
– In order to be useful, it must be followed by everybody.
CLASSIFICATION OF LAW

1. Natural Law
a. Physical law
b. Moral law
2. Positive Law
a. Divine Positive Laws
b. Divine- Human Positive Laws
c. Human Positive Laws
CLASSIFICATION OF LAW: NATURAL
LAWS
• These are the laws that derive their authority and forced
from god.
• They are considered to be superior to other laws and
binding to the whole world.
• Natural laws are the eternal law ( that is “god’s eternal
plans and providence for the universe” ) as known to
man by his ( man’s ) reason.
 
CLASSIFICATION OF LAW:
NATURAL LAWS
A. PHYSICAL LAWS
– they are the universal rules of action that govern the conduct and
movement of material things.
– They are also known as the law of nature. Example: law of gravity.

B. MORAL LAWS
– they are the set of rules that established what is right and what is wrong
as dictated by human conscience and inspired by the eternal law.
CLASSIFICATION OF LAW: POSITIVE
LAWS
2. POSITIVE LAWS
• Positive laws are the laws that are promulgated expressly and directly

A. DIVINE POSITIVE LAWS – they are the laws that are promulgated expressly and
directly by god himself. They are made known to man through revelation. Example:
the Ten Commandments.

B. DIVINE- HUMAN POSITIVE LAWS – these are the laws that are promulgated
by god’s representatives on earth under his divine inspiration. Example: ecclesiastical
laws by the church.

C. HUMAN POSITIVE LAWS – these are the positive laws promulgated by man.
According to the Source of Law

DIVINE LAW

PUBLIC LAW PRIVATE LAW

Criminal Constitutional Civil

International Administrative Commercial


Law for Public
Political Officers Remedial
HUMAN LAWS

• PUBLIC LAW – these are the human positive laws that govern the
relationship between the state and its citizens (And also between and
among states). Public laws may be classified as follows:

1. CONSTITUTIONAL LAW – it refers to the constitution which is the


supreme and fundamental law of a state. It basically defines the powers of
government and the rights of the citizens. Example: the 1987 constitution of
the republic of the Philippines.
2. CRIMINAL LAW – it is the law that defines crimes, treats of their nature,
and provides to their punishments. Example: the revised penal code of the
Philippines (act no. 3815).
HUMAN LAWS

3. ADMINISTATIVE LAW – it is the law that governs organization,


competence and functions of government administrative authorities.
4. LAW OF PUBLIC OFFICERS – it is the law that governs the conduct
of those who hold and exercise public offices and functions.
5. ELECTION LAW – it is the law that governs the exercise of the right
of suffrage, especially in the selection of the representatives of the
citizens in the government.
6. INTERNATIONAL LAW – it is the law that governs the relationship
between and among the state or nation. 
HUMAN LAWS
2. PRIVATE LAWS – private laws are the laws that govern the relationships between members of the
society among the citizens of a state. They are further classified into:
A. CIVIL LAW - these are the laws that regulate the relations that exist among members of the
society for the protections of the private interests. Example: law on succession (found in the civil
code of the Philippines, R.A. 386).
B. COMMERCIAL LAW – these are the laws that regulate the commercial or business relations
among members of the society.
C. REMEDIAL LAW – these are the laws that prescribe he methods of enforcing rights or of
obtaining redress for their invasion. It refers to the means and methods of setting the court in
motion, making the facts known to them, and effectuating their judgments.
Elements of Human
Law
1. Reasonable rule of action
2. Due Promulgation
3. Promulgated by competent authority
4. Generally, a sanction is imposed for
disobedience
Why do we need laws?
PURPOSES OF LAW:

1. It regulates exercise of rights;


2. It serves as guides and limitations In the exercise of rights;
3. It provides remedy and redress when individual rights are
violated;
4. It defines human conducts.
What are the benefits of
having a law?
LAW cont’d.

• The benefits brought by law are:


– secures justice,
– resolves social conflict,
– ensure social order, and
– protects interest and controls social relations.
How are human laws created?
HOW ARE HUMAN LAWS CREATED?

• Exercise of legislative power


– Procedures in the Congress

• Valid delegation of legislative powers


– Exercised by the executive department / BON / PRC
What are the sources of law?
SOURCES OF LAW:

• Constitution
• Statutes
• Regulations issued by the executive department/branch of the
government
• Jurisprudence / case decision / “Stare Decisis”/ Precedence
• Presidential Decrees / Letter of Instructions / Proclamations
SOURCES OF LAWS
 
• In the Philippines, the principal sources of laws are the constitution,
legislative enactments of the congress, administrative rules and
regulations, judicial decisions and customs.
 
1. CONSTITUTION – the constitution of the republic of the
Philippines is the fundamental and supreme law of the land or
the highest law to which all the other laws must conform.
CONSTITUTION

• The Philippine constitution is a written, conventional rigid


constitution.
• Our constitution is a written constitution because its precepts are
embodied in one document.
• It is conventional because it was written at a definite time and
place by a constituent body, the 1986 constitutional
commission.
THE CONSTITUTION HAS THE
FOLLOWING PURPOSES:

• To prescribe the permanent framework of a system of the


government
• To assign to several departments their respective powers and
duties.
• To establish certain first fixed principles on which government is
founded.
THE 1987 CONSTITUTION CONSISTS OF THE
FOLLOWING PARTS:
SOURCES OF LAWS
2. LEGISLATION – it consists of laws enacted by the congress, the legislative
branch of the government, and ordinances enacted by local governments.
Example: midwifery act

3. EXECUTIVE ORDERS, ADMINISTRATIVE ORDERS, REGULATIONS


AND RULINGS – consists of administrative orders, regulations and rules
issued by administrative officials (PRC commissioner, board of midwifery,
secretary of education) under legislative authority.
– Administrative rules and regulations are intended to clarify, explain the law and carry
into effect its general provisions.
– They are valid only when they are not contrary to the laws and the constitution.
SOURCES OF LAWS

4. PROCEDENCE OR JUDICIAL DECISIONS AND


JURISPRUDENCE – the legal system of the Philippines is
formed in part by the decisions of the courts, particularly the
Supreme Court.
– The decision of the Supreme Court are binding on all the subordinate
courts and are used as bases for the decisions of the lower courts.
– Under the doctrine of stare decisis, a conclusion (or decision) reached in
one case should be applied to future cases if the facts are substantially
the same, even though the parties may be different.
SOURCES OF LAWS
5. CUSTOMS – these are habits and practices which through long and
uninterrupted usage have become acknowledged and approved by
society as binding rules of conduct.
– As long as they are not contrary to law, public order or public policy,
customs may be applied in the absence of law that is exactly applicable to
the point in controversy.

6. OTHER SOURCES – this includes principles of justice and equity,


decisions of foreign tribunals, opinions of text writers, and
religions.
– These sources are resorted to in absence of other sources.
Concept about STATE
STATE :
MEANING, ELEMENTS, AND
INHERENT POWERS
MEANING OF STATE

• a state may be defined simply as a community of the


persons with a definite territory, a government of
their own, and sovereignty. Example: republic of the
Philippines as a state.
ELEMENTS OF A STATE
ELEMENTS OF A STATE

1. PEOPLE
– this refers to the mass of
population permanently inhabiting
the territory of the state. Example:
the Filipino people.
ELEMENTS OF A STATE

2. TERRITORY
– this refers to the definite and
fixed portion of the earth
permanently inhabited by the
people of the state.
ELEMENTS OF A STATE

3. GOVERNMENT – this refers to the agency through which the will of the
people of the state is being formulated, expressed and finally realized.
Example: the government of the republic of the Philippines.
ELEMENTS OF A STATE

4. SOVEREIGNTY – this refers to supreme and


uncontrollable power by which the state is governed
• [Under ART. II, Sec. 1
of the 1987 constitution,
“sovereignty resides in the
(Filipino) people and all
government authority
emanates from them”.]
INHERENT POWERS OF THE
STATE
THE THREE BRANCHES OF THE
GOVERNMENT:
THE THREE BRANCHES OF THE
GOVERNMENT:
• LEGISLATIVE BRANCH
– this refers to the congress of the Philippines, which is
made up of the senate and of the House of
Representatives.
– The constitution vests this branch with legislative
powers (or the power to make the laws).
THE THREE BRANCHES OF THE
GOVERNMENT:
• EXECUTIVE BRANCH
– this refers to the executive departments and is headed by the
president of the republic of the Philippines who is also known as the
Chief Executive. (the executive departments are headed by the
respective secretaries who are considered as the alter- egos of the
president).
– The constitution vests the president with executive powers
THE THREE BRANCHES OF THE
GOVERNMENT:

• JUDICIAL BRANCH
– this refers to judiciary , which is the supreme court of the
Philippines and the other courts established by law.
– The constitution vests the judiciary with judicial powers (the
power to interpret and apply the laws).
THE EVOLUTION OF
MIDWIFERY
Historical Development of Midwifery

Pre-historic time

Midwifery can be traced even


during pre-historic time.
– Genesis 35:17 - When she was in
severe labor the midwife said to her,
"Do not fear, for now you have
another son.“
– Genesis 38:28 - Moreover, it took
place while she was giving birth, one
put out a hand, and the midwife took
and tied a scarlet thread on his hand,
saying, "This one came out first.“
– EXODUS 1:19 - The
midwives answered
Pharaoh, "Hebrew
women are not like
Egyptian women; they
are vigorous and give
birth before the midwives
arrive."

EXODUS 1:16 - "When you are helping


the Hebrew women during childbirth on
the delivery stool, if you see that the
baby is a boy, kill him; but if it is a girl,
let her live.“
2nd Century
– Soranus of Ephesus- studied and taught
Midwifery and wrote books about
midwifery

– Soranus (fl. 1st/2nd century AD) was a  Greek


Physician from Ephesus. He practiced
in Alexandria and subsequently in Rome, and
was one of the chief representatives of
the Methodic School of medicine. Several of his
writings still survive, most notably his four-
volume treatise on Gynecology, and a Latin
translation of his On Acute and Chronic
Diseases. (wikipedia)
5th-15th Century
• Decline of Roman Empire- both teachings of
Hippocrates and Soranus
1513

Printing of the first book


in Midwifery
(Germany)
• 1922- birth of Midwifery in the Philippines
– Dr. Jose Fabella- 1st Secretary of Health
• Founded the first midwifery school in the country due to high
infant mortality rate
– Objective of Midwifery School:
• To train young women to gradually replace the hilots
• Train Doctors and Nurses to rural assignments
• Provide health service and education with emphasis on MCH
• On the same year another midwifery school was opened
in Cebu with 4 students
– and the 3rd midwifery school was opened in Bacolod.
• 1976- training has been increase to 1 year and 6 months

• 1974- Dr. Ricardo B. Gonzales- has been appointed on the


board of Midwifery
– Known as the father of Modern OB in the Philippines

• 2007-2008- Effectivity of set of Policies and Standard of BS


Midwifery Education.
Midwifery Law

• Act 310 - the first Medical Act


• Act 4081 - the medical act that provided restrictions in the midwifery
practice of midwives.
• 1901-1960 - the practice of Midwifery as a vocation was sheltered by
Medical Law.
• June 18, 1960 - time wherein midwives gained its independent status.
• RA 2644 - Philippine Midwifery Law- regulated the Practice and training
of Midwifery.
– Important Provision: The creation of BOM
RA 7392
Philippine Midwifery Act of 1992
REPUBLIC ACT NO. 7392

AN ACT REVISING
REPUBLIC ACT NO. 2644,
AS AMENDED, OTHERWISE
KNOWN AS THE PHILIPPINE
MIDWIFERY ACT
 
ARTICLE I: TITLE 

• Section 1. Title.
This Act shall be known as the "Philippine
Midwifery Act of 1992.“
ARTICLE II
THE BOARD OF MIDWIFERY
Sec. 2. Composition.

– There shall be a Board of Midwifery- under the direct supervision


of the Professional Regulation Commission (PRC).
• It shall be a collegial body
• Composed of a chairman and four (4) members to be appointed by the
President of the Philippines from among the recommendees of the
Commissioner of the Professional Regulation Commission.
•The Commission shall recommend:

– three (3) registered midwives from the list submitted by the


association of midwives
– one (1) obstetrician from the list submitted by the association of
obstetricians
– one (1) registered nurse-midwife from the list submitted by the
association of midwives
– Provided, That said associations are accredited in accordance with
Presidential Decree No. 223: Provided, further, That the nominees
submitted shall possess the appropriate qualifications prescribed in
Section 3 hereof. 
Sec. 3. Qualifications and Disqualifications
of the Board Members.
• Each member of the Board shall at the time of his appointment: 
– (1) be a citizen and resident of the Philippines;
– (2) be of good moral character; 
– (3) be at least thirty (30) years of age
– (4) not a member of the faculty, whether full time, part time or
lecturer, of any school, college or university where a regular course in
midwifery is taught, and shall not have any pecuniary interest directly
or indirectly, in such institution during his term of office as a Board
member. 
The Chairman of the Board shall at the
time of his appointment: 
– be a registered obstetrician
– have at least ten (10) years practice as an obstetrician prior to his appointment.

Three (3) members of the Board shall at the time of their appointment: 
– be registered midwives
– be degree holders, preferably in the field of health and social sciences; and 
– have at least ten (10) years practice as midwives prior to their appointment, five (5) years of which are in
supervisory positions.

One (1) member of the Board shall at the time of his appointment: 
– be a registered nurse-midwife; and
– have at least ten (10) years practice as a nurse-midwife. 

 
Chairman & Members of the
Board

ALEJANDRO R. SAN JOSEPHINE H. HIPOLITO  LOLITA I. DICANG 


PEDRO Member Member
Chairman

REMY B. DEQUIÑA  RHODORA L. LOPEZ 


Member Member
Sec. 4. Term of Office.

• The Chairman and the four (4) members


– three (3) years or until their successors shall have been
appointed and duly qualified, without prejudice to
reappointment for another term. Each member of the Board
shall qualify by taking his/her oath of office before entering
upon the performance of his/her duties.
Sec. 5: Duties and Functions of the Board.
• to enforce the provisions of this Act; 
• to administer oaths in accordance with the provisions of this Act; 
• to issue and, after due investigation, suspend or revoke certificates or
registration for the practice of midwifery; 
• to investigate any violation of this Act or of the rules and regulations
‐ and for this purpose, to issue subpoena and subpoena duces tecum
to alleged violators or witnesses to secure their attendance in
investigations or hearings,
‐ and the production of books, papers and documents in connection
therewith and compel their attendance by the power of contempt; 
Sec. 5: Duties and Functions of the Board.

• to conduct yearly board examinations to midwifery examinees under the


supervision of the Commission; 
• to look, from time to time, into the condition affecting the practice of
midwifery in the Philippines and
• adopt such measures as may be deemed necessary for the maintenance of
the standards and ethics of the profession; and 
• to adopt an official seal to authenticate its official documents.

• The Board shall exercise these powers and duties in accordance with
Presidential Decree No. 223.
Sec. 7. Removal of Board Members

• Any member of the Board may be removed from office by the


President, upon the recommendation of the Professional
Regulation Commission,
– for neglect of duty,
– incompetence or
– for unprofessional, immoral or dishonorableconduct,

after having been given the opportunity to defend himself in a proper


administrative investigation conducted by the Commission
Sec. 8. Supervision of the Board and Custodian of
Its Records.
• The members of the Board shall be under the general
supervision of the Professional Regulation Commission.
– All records, including examination papers, examination
results, minutes of deliberation, records of administrative
cases and investigations of the Board shall be kept by the
Commission.
Sec. 9. Rules and Regulations.

• Subject to the approval of the Commission, the Board shall


set ethical and professional standards for the practice of
midwifery and adopt such rules and regulations as may be
necessary to carry out the provisions of this Act.
• Such standards, rules and regulations shall take effect thirty (30)
days after publication in two (2) national newspapers of general
circulation. 
Sec. 10. Annual Report.

• The Board shall submit an annual report to the


Commission at the end of each calendar year, giving a
detailed report of its activities and proceedings during the
year. Other information or data may be requested by the
Commission as often as may be necessary and practicable. 
STATUTORY POWERS AND DUTIES OF THE
BOARD (MIDWIFERY)
Different Powers of the
Board
1. DISCRETIONARY POWER
2. MINISTERIAL POWER
3. QUASI-LEGISLATIVE
4. QUASI-JUDICIAL
1.Discretionary Power
 When the public office is given the right to exercise his
judgment or discretion of what course of action shall be
pursued, how and when shall be done.

 The revised administrative code requires that the discretionary


power of administrative officers or bodies should be exercised
for the good of the service and benefit of the public.
2. Ministerial Power

• When the public officer performs it in prescribed


manner or during the given state or facts or in
obedience to the mandate of a legal authority without
regard to the exercise of his judgment or discretion.
3. Quasi-Legislative
• The power of promulgating rules and regulations concerning
subjects with in the jurisdiction such rules and regulations
should be in harmony with the provision of R.A. 9372.
• Rules and regulations promulgated by the Board is subject to
the approval of the commission and shall take effect 30 days
after publication in 2 national newspapers.
• This is known as the rule-making function of the board.
4. Quasi-Judicial Power
• When the board conducts hearings, investigate facts,
or ascertain the existence of facts and draw
conclusions from them as basis of their official action.
Investigate and Inquisitorial
•It is the power to:
1.Issue subpoena
2.Issue subpoena duces tecum
1. Interrogate witness
2. To call for production of books, papers and record
3. Require that books, papers and records be made available for inspection
4. Require reports, periodic or special
5. Require the filing of statements.
3.The powers of the board to issue a regulation requiring a school of
midwifery to submit a list of their faculty members every year.
Determinative Powers
It is classified as:
1.Enabling- allowing something which the law
undertakes to regulate with approval
2.Corrective or directing power
3.Dispensing power
4.Examining power
ARTICLE III  - Section 11-17
EXAMINATION AND REGISTRATION OF MIDWIVES 

• Sec. 11. Examination Required. — All applicants for registration to the


practice of midwifery in the Philippines shall be required to undergo an
examination as required for in this Act. 

• Sec. 12. Scope of Examinations.

• Sec. 13. Prerequisite and Qualifications of Applicants for Examination

• Sec. 16. Ratings in the Board of Examination.

• Sec. 17. Report of the Results of Examination.


MIDWIFERY LICENSURE
EXAMINATION

 Is a qualifying examination given by the Board of


Midwifery and Professional Commission to person, who
had completed the required course in midwifery and
other requirements , and intends to practice midwifery in
the Philippines.
MAIN PURPOSE

To protect and safeguard the health, safety and


welfare of the public by ensuring that only qualified
practitioners are allowed to render their professional
services to the public.
SCOPE OF MIDWIFERY LICENSURE
EXAMINATION
• The Midwifery Licensure Examination is a written multiple type
tests. The scope of the examination consists of the ff subjects:
The Five Board Subjects

1. Obstetrics -20%
2. Professional Growth and Development -20%
3. Primary Health Care- 20%
4. Infant care and feeding -20%
5. Fundamentals of health care-20%
QUALIFICATIONS OF APPLICANT

• In order to be admitted to the midwifery examination, an applicant


shall, at the time of filing of his/her application therefor, establish to
the satisfaction to the Board that he/she: 
– is in good health and of good moral character
– is a graduate of midwifery in a government recognized and duly
accredited institution. 
– At the time of the issuance of a certificate of registration, the applicant
shall be a citizen of the Philippines and at least eighteen (18) years of
age.
REQUIREMENTS FOR
EXAMINATION
1. In an application form prescribed by the Commission filled up
by the applicant and must be notarized.
2. At least 20 days before the first day of examination if filed in
the central office in Manila and 30 days before the first day of
examination if filed at the PRC regional offices. An applicant
who files after the 30 days deadline in the PRC regional offices
will no longer be accepted but shall be directed to file in the
central office.
3. Submit the ff documents:

A. Birth Certificate
 Original and photocopy of the certificates of live birth printed on
National Statistic office (NSO) security paper with attached original
receipt.
 Original and photocopy of the computer generated NSO certificates
of live births stating at the dorsal portion thereof, “A Certified True
Copy: Office of the Civil Registrar General” duly signed by an
authorized NSO statistician in security paper with attached original
receipt.
3. Submit the ff documents:

B. Original and Photocopies of Transcript if Records with


the ff data:
 Course
 Date of graduation
 Special Order (SO)
• Graduates of Government schools and Institutions / programs
accredited by recognize accredited agencies under the FAAP are
exempted from SO.
3. Submit the ff documents:

C. Summary of Related Learning Experience (RLE) the ff


records of training / experience signed by the assisting
clinical instructor and Dean or Principal of College:
 20 deliveries
 5 perineal suturings
 5 IV insertions
 5 cord dressings
3. Submit the ff documents:
D. Original and photo / xerox copies of Marriage Contract in NSO security
paper (or married only; if NSO copy not very clear, bring copy from local
civil registrar).

E. Four (4) passport sizes colored pictures in white background with


complete nametag.

F. Current Community Tax Certificate (cedula).

G. One (1) window mailing envelope with metered postage stamps


The applicant will be given only the computerized application
form after presenting the required document stated above.
The following shall be filled up by the applicant:
 Computerized Application Form (CAF)
 Permanent Examination and Registration Record Card (PERRC)
(for first timers)
 Notice of Admission (NOA)
Cognizant of the need to improve our frontline
services, the Professional Regulation
Commission has developed and implemented
the Online Application System.
WHAT TO BRING ON THE
EXAMINATION
1. Notice of Admission
2. Application Stub
3. PRC Official Receipt
4. Two or more pencils (no. 2)
5. Ball pens with BLACK INK ONLY
6. One (1) piece Metered-Stamp Window Envelope
7. One (1) piece Long Brown Envelope
8. One (1) piece Long Transparent (non-colored) Plastic Envelope
(to keep above items)
WHAT TO WEAR ON EXAMINATION
DAYS
1. MALE: school uniform/ white polo or T-shirt
(tucked-in)
2. FEMALE: school uniform /
white blouse or T-shirt
Guidelines during the
examination…
1. An examinee should report to the test center before 6:30 am on
the first day of examination to verify your room and seat
numbers.
2. Late examinees will not be admitted.
3. Before the start of each examination , attend to personal needs as
no examinee will be allowed to go out of the examination room
while the examination is in progress.
4. While taking the examination, always put the answer sheet on top
of the desk of the chair.
5. Candidates taking the examination are prohibited from communicating
with each other by means of codes, signs, gestures, words or other acts
that allows them to transmit and require information about the answers to
the examination questions.
6. Stop answering the test questions at the end of the time allotted for the
subject. Arrange test papers as follows:
 Notice of Admission
 Answer sheet
 Test Questionnaire
7. Do not leave the room until
 Your answer sheet and test question set are received by the room
watchers ,
 You have signed, indicated the time and set (A or B) on the
Examinees record of Attendance, and
 The lower portion of your Notice of Admission (Certification of
the Receipt Test Papers) is signed by the Room Watchers and
returned to examinee you.
Prohibited Acts inside the
examination room

– Accepting or receiving anything , including food from any


person while the examination is in progress
– Giving money , food, or any favor and other consideration to
the Room Watchers and other
examination personnel.
Prohibited Acts inside the
8Prohibited Acts inside the examination room
examination room
• Loitering , talking , or discussing your answers inside the room or
along the corridor while the examination is in progress.
• Putting any of the following markings on your answer sheets: name,
seat number, unnecessary words or phrases, strokes, dots or any
other marks not called for in the test questions.
PENALTIES:
 Placing of name on the space provided for the subject of the examination
shall be , aside from the cancellation of the examination papers, suspension
from taking the examination for one year;
Prohibited Acts inside the
8Prohibited Acts inside the examination room
examination room
 Multiple markings shall be cancellation of the examinees examination and
suspension from taking the examination for 2 years.
 Taking out the examination room test questions used or pages thereof,
copying, and/ or divulging or making known the nature or content of any
examination question or answer to any individual or entity.
 Copying or referring to any solution answer or work of another examinee or
allowing anyone to copy or refer to your work, helping or asking help from
any person or communication with anyone by means of words, signs, gestures,
codes, and other similar acts which enable you to exchange , impart or acquire
relevant information.
Prohibited Acts inside the
8Prohibited Acts inside the examination room
examination room
 Bringing inside the examination rooms the ff: books, notes, review
materials and other printed materials containing principles or excerpts
thereof, coded data/ information / formula which are relevant to or
connected with the examination subject, PROGRAMMABLE
CALCULATORS, CELLULAR PHONES, beeper, portable personal
computers or other similar gadgets/ devices. The act shall be considered
cheating and / or act of dishonesty and shall be a ground for the
cancellation of your examinations (PRC Resolution #463 dated
November 27, 1996 and PRC Website Accessed November 29, 2004).
Identification Sheet, Answer Sheet

• Handling of Examinee Identification Sheet/Answer Sheets


• Check if the Serial Number of Examinee Identification
Sheet/Answer Sheets are the same for all the sheets. If there is
any discrepancy, return the set to your Room Watchers for
replacement. The Serial Number is NOT the examination
number. It has nothing to do with your examination.
• Check if there are defects or unnecessary marks on your Examinee
Identification Sheet/Answer Sheets.
• Check if the number of Answer Sheets corresponds to the number of
examination subjects.
• Do not fold or mutilate, take extra care and keep clean your
Examinee Identification Sheet/Answer Sheets.
• Before detaching an answer sheet, check if the brown envelope is
yours and the set inside belongs to you.
How to Mark Your Examinee
Identification Sheet/Answer Sheets

• Use standard No. 2 pencil only


• Do not use too much pressure
• Mark like this  
not like these 
• Make the mark dark and straight
• Strictly no erasures allowed
How to Accomplish Examinee
Identification Sheet
• Brown Envelope
Print your name on the top left corner and your seat number on
the top right corner.
Handling of Test Question
Sets

• Indicate your seat number at the right top corner of page 1


• Check if the number of pages of Test Question Set is complete and no
misprint. If there is any problem, return the set to your Room Watchers
for replacement.
• Mark A or B on the answer sheet to indicate the set of Test Question
assigned to you.
• You can use your Test Question Set as your Scratch .
• Keep the Test Question Set stapled until the end of examination.
PASSING THE EXAMINATION

In order to pass the examination, an examinee must obtain a :


GENERAL AVERAGE OF ATLEAST 75% WITH A
RATING NOT BELOW 50% IN ANY SUBJECT.
RESULTS OF EXAMINATION

• The Board shall report the ratings obtain by each candidate to the
Commissioner within 120 days after the last day of examination.

• The Commissioner submits the report of the Board to the President


of the Philippines for approval.

• The examination result is release by PRC and published in


newspapers on general circulation after approval by the President.
All results of examination are final.
EXAMINEES REPORT OF RATINGS

• The Report of Ratings of successful examinees and the various


licensure examination are distributed during the oath taking
ceremonies.

• If the examinee failed to get his or her Report of Rating ,such can be
claimed at the PRC.

• The Board certificates and professional identification cards are also


issued to the successful examinees on oath taking day if they register
with the Commission at least 3-5 days before the oath taking
ceremonies.
Section 14. Schools of Midwifery.

• To be recognized as a duly accredited and legally constituted institution for midwifery training as provided in
this Act, a school of midwifery shall have a permit from the Department of Education, Culture and Sports
(DECS). (now CHED)

• The school shall have at least fifty (50) maternity beds and affiliated with an accredited hospital duly
accredited by an authorized government agency or instrumentality. The school shall have a minimum ratio of
one (1) clinical instructor to twelve (12) students in the hospital and in the community.

• Before allowing a student to graduate, the school shall satisfactory show to the Department of Education,
Culture and Sports (DECS) or other authorized government agencies that the student has completed the course
in midwifery as prescribed by the DECS or other duly authorized government agencies, and that during the
training, the student has personally attended at least a total of twenty (20) deliveries in the hospital and in its
domiciliary services.
Section 15. Qualifications of Faculty

• The faculty shall have academic preparation appropriate to teaching assignment, as


follows:

a) (a) At least a bachelors- degree holder or doctor of Medicine (M.D.);


b) (b) Proof of competence in the field of specialization assigned to him; and
c) (c) A registered nurse or registered midwife in the Philippines with at least one (1) year of
satisfactory teaching experience or one (1) year of efficient performance in maternity ward/
community: Provided, That a registered midwife may be allowed to follow-up student midwives in
the community ward provided she has at least two (2) years of experience in the area of assignment
and has undergone training in the supervision of students.
Sec.  18. Issuance of Certificate
• Certificate of Registration as midwife shall, upon payment of the required
fees, be issued to any applicant who passes the examination.

• Every certificate of registration shall show full name of registrant, have a


serial number, bear the signatures of the members of the Board, be attested by
the Secretary of the Board, and be duly authenticated by the official seal of the
Board. 

• The issuance of a certificate of registration by the Board to the registrant shall


be evidence that the person named herein is entitled to all rights and privileges
of a registered midwife until said certificate, for just cause, is suspended
temporarily or revoked. 
Sec. 19. Registration of Nurse-Midwife.

• Certification of registration may be issued to registered


nurses who pass the examination for midwives: Provided,
That the nurse, before being allowed to take examination
show evidence to the Board of:
• having actually handled twenty (20) delivery cases as certified to by
the director or chief of a duly registered or recognized hospital, or
by the proper municipal, city, or provincial health officer.
Sec.  20. Fees of Examination &
Registration.

• Applicants for examination for the practice of


midwifery shall pay an examination fee as
prescribed by the Professional Regulation
Commission. 
Sec.  21. Inhibition Against Practice of Midwifery.

• No person shall practice or offer to practice midwifery in the


Philippines, as defined in this Act, without holding a valid
certificate of registration and a professional license as
midwife. 
Sec.  22. Foreign Reciprocity.
• No midwife who is a citizen, subject or national of a foreign country
shall be granted any of the rights and privileges under this Act unless
he or she shows to the satisfaction of the Board that the country of
which he or she is a citizen, subject or national, permits within its
territorial limits on the same basis as the citizen, subject or national of
such country:
– Provided, That the requisite for admission to midwifery school and for
graduation in said country are substantially the same as those in this country.
Sec.  23. Practice of Midwifery Defined.

• The practice of midwifery consist in performing or rendering, or offering to


perform or render, for a fee, salary, or other reward or compensation, services
requiring
– an understanding of the principles and application of procedures and
techniques in the supervision and care of women during pregnancy, labor
and puerperium
– management of normal deliveries, including the performance of internal
examination during labor except when patient is with antenatal bleeding;
– health education of the patient, family and community;
– primary health care services in the community, including nutrition and family
planning in carrying out the written order of physicians with regard to antenatal,
intra-natal and post-natal care of the normal pregnant mother in giving
immunization, including oral and parenteral dispensing of oxytocic drug after
delivery of placenta,
– suturing perineal lacerations to control bleeding,
– to give intravenous fluid during obstetrical emergencies provided they have been
trained for that purpose;
– and may inject Vitamin K to the newborn: Provided, however, That this provision
shall not apply to students in midwifery schools who perform midwifery service
under the supervision of their instructors, nor to emergency cases.
Sec.  24. Refusal to Issue Certificate of Registration.

• The Board shall refuse to issue a certificate of registration to:


– any person convicted by a court of competent jurisdiction of;
» any criminal offense involving moral turpitude, and to any
person guilty of immoral or dishonorable conduct.
– The Board shall give the applicant a written statement setting
forth the reason or reasons for its action, which statement shall be
incorporated in the records of the Board. 
Sec.  25. Revocation and Suspension of Certificates.

• The Board shall have the power to revoke or suspend the validity of a certificate of
registration of a midwife for any of the causes mentioned in the preceding section, or for;
– unprofessional conduct,
– malpractice,
– incompetence or
– serious ignorance or
– negligence,
– assisting or performing abortion in the practice of midwifery or
– for making use of fraud, deceit or false statements to obtain a certificate of registration. 

• From the decision of the Board, appeal may be taken to the Professional Regulation
Commission which decision shall be final. 
Sec.  26. Reissuance of Revoked Certificates
and Replacement of Lost Certificate.

• The Board may, for reasons of equity and justice and


upon proper application therefor, issue another copy of
the certificate upon payment of dues, and in so doing, it
may exempt the applicant from the requisite
examination. 
ARTICLE IV . MISCELLANEOUS PROVISIONS 

• Sec.  27. Penal Provision


• The following shall be guilty of misdemeanor:
– Any person who practice midwifery without a certificate of registration issued
– any person presenting or using as his/her own certificate of registration of another, or
– any person giving any false or forged evidence to the Professional Regulation Commission
in order to secure a certificate of registration, or
– any person using a revoked or suspended certificate of registration or
– any person assuming, using or advertising, as a registered midwife or a registered nurse-
midwife or appending to his/her name the letters "R.M." without having been conferred
such title by the Professional Regulation Commission or
– advertising any title description tending to convey the impression that he/she is a
registered midwife,
– and shall, upon conviction, be sentenced to a fine:
• of not less than Ten thousand pesos (P10,000.00) nor more than
Thirty thousand pesos (P30,000.00),
• suffer imprisonment for a period of not less than two (2) years nor
more than seven (7) years, or both such fine and imprisonment at
the discretion of the court. 
• The aforementioned penalty shall likewise be imposed upon any
person found guilty of violation of any rule and regulation
issued pursuant to the provisions of this Act. 
• Sec.  29. Separability Clause. — If for any reason, any part
or section of this Act shall be declared unconstitutional or
invalid, other sections or provisions hereof which are not
affected thereby shall continue to be in full force and effect. 

• Sec.  30. Effectivity Clause. — This Act shall take effect


upon completion of its publication in at least two (2)
national newspapers of general circulation.
DIFFERENCE BETWEEN RA 7392 & RA 2644
RA 2644 RA 7392
Title The Philippine Midwifery Law. The "Philippine Midwifery Act of 1992.“

Creation and Composition of the


Board
a.TITLE Board of Examiners for Midwives Board of Midwifery
b.SUPERVISION PRESIDENT PRC
c.COMPOSITION 3 – 1 chair (OB), 2 members (1RM,RN, 1 RM) 5 – 1 chair (OB), 4 members, 2 members
(1RM,RN, 3 RM))
d.TERM 3 years; Provided, That the chairman of the first Board 3 years
of Examiners for Midwives under this Act shall hold
office for three years, one member for two years and one
member for one year. Any vacancy occurring within the
term of a member shall be filed for the unexpired
portion only.

Supervision of the Board Commissioner of Civil Service PRC


and Custodian of Its (The Secretary of the Board of Examiners)
Records
DIFFERENCE BETWEEN RA 7392 &
DIFFERENCE BETWEEN RA 7392 & RA 2644
RA 2644
RA 2644 RA 7392
Scope of Examination. (1) obstetrical anatomy and physiology, (2) (a) Infant care and feeding;
principles of bacteriology as applied to midwifery (b) Obstetrical anatomy and physiology; 
practice, (3) obstetrics, (4) midwifery procedures, (c) Principles of bacteriology as applied
(5) domiciliary midwifery, (6) infant care and to midwifery practice; 
feeding, (7) community hygiene and first aid, (8) (d) Obstetrics;
normal nutrition, and (9) ethics of midwifery (e) Midwifery procedures; 
practice. (f) Domiciliary midwifery; 
(g) Community hygiene and first aid; 
(h) Nutrition;
(i) Ethics of midwifery practice; 
(j) Primary health care; 
(k) Professional Growth and
Development; 
(l) Family planning; and 
(m) Other subjects within the Board may
deem necessary for addition or inclusion
from time to time.
DIFFERENCE BETWEEN RA 7392 &
DIFFERENCE BETWEEN RA 7392 & RA 2644
RA 2644
RA 2644 RA 7392
RATING (PASSING To be qualified as having passed the Board general rating of seventy-five percent
RATE) examination for midwives a candidate must (75%) in the written test with no grade
obtain a general rating of seventy-five per cent in lower than fifty percent (50%) in any
the written test with no grade lower than sixty per subject
cent in Obstetrics, Infant Care and Feeding,
Midwifery procedures and Domiciliary
midwifery, and provided that in other subject no
grade shall be lower than fifty per cent.
(GEN.AVE – 75%; OB, ICF,MIDWIFERY
PROCEDURES 60%; ALL OTHER SUBJECTS
NOT LOWER THAN 50%)

PRACTICE OF Expanded functions


MIDWIFERY
Magbasa ng may
PAG-INTINDI, wag
magbasa ng wala sa sarili! 

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