Professional Documents
Culture Documents
JURISPRUDENCE
(Law in the Profession)
Classification
and
Branches of Law
JURISPRUDENCE
• Are specific rules of conduct which defines actions are legal and
illegal actions
CHARACTERISTICS 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 – 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:
• 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
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
• 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
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.
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
• The Board shall exercise these powers and duties in accordance with
Presidential Decree No. 223.
Sec. 7. Removal of Board Members
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
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:
• The Board shall report the ratings obtain by each candidate to the
Commissioner within 120 days after the last day of examination.
• If the examinee failed to get his or her Report of Rating ,such can be
claimed at the PRC.
• 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 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.