The LAW and the SOCIETY

What is Law?
 The system of binding rules of action or
conduct that governs the behavior of
people in respect to relationship with
others and government.
 Meant to reflect the moral belief of a
given population.
 4 basic function of law in
society:
1. To define relationship among members of
society and to declare which actions are and
are permitted.
2. To describe what constraints may be applied to
maintain rules and by whom may be applied.
3. To furnish solutions to problems
4. To redefine relationship between people and
groups when circumstances of life change.
 Laws are intended to reflect popular
belief about the “rightness or wrongness”
of particular act and are, the ethics, built
upon a moral foundation.
 Sources of LAW

1. Constitutional Law
• a formal set of rules and principles that
describe the powers of a government and the
rights of people( 1987 Philippine Constitution)
2. Statutory/Legislative Law
• Formal laws written and enacted by federal,
state or local legislature
• Republic Acts/Ordinances
3. Administrative law
• Involves the operation of government agencies
• Department Orders/ Executive Orders
• A ministerial function is one where the authority has a duty to do a
particular thing in a particular way. Such actions are however exceptional.
In most administrative actions, the administrative authority has the power
either to act or not to act in one way or the other.

4. Common Law
• A.k.a case law, Precedents
• Decisions are based upon earlier court rulings in similar cases.
• Examples of common law in healthcare cases include: Informed consent.
The patient is aware of the risks, benefits, and procedures involved before a
medical procedure begins. Right of refusal. The patient understands that
participation in a procedure is optional.
 Types of LAW

1. Public Law
i. Defines a person’s right and obligations in relations to
the government and describes the various divisions of
govt and their powers
ii. Criminal Law-one important branch of public law
 Deals with crimes that is considered harmful in society
 Felonies
a. Serious crimes that carry significant fines and jail
sentences
b. Includes first and second degree murder, arson,
burglary, extortion, kidnapping, rape, robbery and etc.
 Misdemeanor
a. Less serious crime, usually punishable by a fine, a short
jail sentence, or both.
b. Includes disturbing the peace, assault, battery
b. Private Law

i. Also called Civil Law

ii. It determines a person’s legal rights and obligations in many
kinds of activities that involve other people.
iii. Branches of Private Law:
1. Contract and commercial law
2. Tort law
3. Property law
4. Inheritance law
5. Family law
6. Corporation law
iv. Plaintiff – The injured or complaining party
 Contract Law

 Deals with the rights and obligations of people who

make a contract.
 Contract- an agreement between two or more people
that can be enforce by law.
 Can either be written or oral in the presence of both,
the written contract takes precedence.
 In health care-contracts may either be expressed or
implied.
 Formal Contacts- one which by some special law is
required to be in writing.
e.g. Marriage contract, mortgage, deeds of sale or work
contracts.
 Informal Contracts- concluded as a result of written
document or correspondence where the law does not
require the same to be in writing, or as a result of the
spoken or oral discussion between the parties evidence
an intention of contract.
 Expressed contract- occur when two parties agree
explicitly to its terms.
e.g. Usually found in formal contracts where the kind of
service offered, salary, date and time of effectivity
including fringe benefits, if any are specified.
 Implied contract- occur when there has been no
discussion between the parties
e.g. Midwife-patient relationship is an implied contract in
which the midwife agree to provide health services.
 Void contract- one that is inexistent from the very
beginning and therefore may be enforced.

 Illegal contract- one that expressly prohibited by law.

Contracts obtained through the use of fraud(deception and
trickery), undue influence or duress(unlawful coercion)
in securing such are illegal and expressly prohibited by
law.
 Breach of Contract

 Is a failure to perform the agreement whether

expressed or implied, w/o cause. The ff. Constitutes
breach of contract:
1. Prevention of performance
2. Failure to perform because of incapacity,
inconvenience
3. Abandonment
4. Substitution of performance
5. Failure to use undue care
 Legal Terms

 Conspiracy- exist when two or more persons agree to

commit a crime/felony.

 Murder-the unlawful killing of human being with the

intention to kill. It is very serious crime.
*Midwives should keep in mind that death resulting in
criminal abortion is murder
*Euthanasia is a murder
 Homicide- killing of human being by another, it may be
committed without criminal intention, committed by
any person who kills another, other than his father or
mother or child or any of his ascendants or descendants
or his spouse without any of the circumstances to the
crime of the murder enumerated being present.
 Abortion- expulsion of the product of conception before
the age of viability. In law, any person who with the
intention of prematurely ending the pregnancy wilfully
and unlawfully does any act to cause the same is guilty
of committing abortion.

 Infanticide- killing of child who is less than 3 days old.

The mother of a child who commits the crime shall
suffer the penalty of imprisonment ranging 2 years, 4
months and 1 day to 6 years.
 Parricide- crime committed by one who kills his father,
mother, or child whether legitimate or illegitimate or any
of his ascendants and descendants of his spouse.

 Robbery- crime against a person or property. The taking

of personal property of another person without his
permission in his presence and absence.

 Simulation of Birth- is the tampering of the civil registry

making it appear in the birth records that a certain child
was born to a person who is not his/her biological mother,
causing such child to lose his/her identity and status.
Three Types of Execution of a
Crime
1. Attempted Crime- when the offender commences the
commission of the felony directly by overact, and does
not perform all the acts of execution which should
produce the effect by reason of some cause or accident
other than his own spontaneous desistance.
2. Frustrated Crime- when the offender performs all the
act of execution which would produce felony as a
consequence but which, nevertheless do not produce it
by reason of cause independent of the will of the
perpetrator.
3. Consummated Crime- when all elements necessarry for
its execution and accomplishment are present.
 3 Persons Criminally Liable

1. PRINCIPAL
 Principal by direct participation- those who take
direct part in the execution of the act.
 Principal by inducement- those who directly force or
induce others to commit it.
 Principal by cooperation- those who cooperate in the
commission of the offense by another act without which
it would not have been accomplished.
2. ACCOMPLICES
 The persons who have a common criminal purpose with
principal. Must have the intention to help morally or
materially in the commission of the crime.
3. ACCESSORIES
 Those having knowledge of the commission of the
crime, without having participated therein, take part
subsequently to its commission by profiting themselves
by concealing or destroying body of the crime, or
instrument thereof, in order to prevent its discover by
harboring, concealing or assisting in escape of the
principal.