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General Considerations in Nursing Law & Jurisprudence
General Considerations in Nursing Law & Jurisprudence
INTRODUCTION
Definition of Terms
1. Law – a rule of human conduct, just and obligatory, promulgated by him who is in-charged
for common observance and benefit.
2. Jurisprudence – refers to the doctrines and principles defined by the court of law,
especially the Supreme Court being the court of last resort, interpreting and applying the
provisions of the Constitution and the laws in a specific controversy.
It also refers to the philosophy of law, or the science which treats of the principles of positive
law and legal relations.
It is that science of law, namely, that science which has for its function to ascertain the
principles on which legal rules are based, so as not only to classify those rules in their
proper order, and show their relation in which they stand to one another, but also to settle
the manner in which new or doubtful cases should be brought under the appropriate rules.
Nursing jurisprudence, therefore, comprises all laws, rules, doctrines and principles, legal
opinions and decisions of competent authority regarding governance and regulation of the
practice of nursing.
3. Nursing Legislation – is the act or process of making laws affecting the science, art and
practice of nursing.
1. It must be reasonable.
2. It must be promulgated.
3. It must be enforceable.
4. It must be enacted by competent authority.
5. It must be for the common good.
Divisions of Law
1. Divine law – refers to the divine reason commanding that the order of things be preserved
and forbidding that it be disturbed.
2. Natural law – a rule of human conduct rooted in the nature of being of the human person
directed to his ultimate end. It is expressed in the universal law: DO GOOD, AVOID EVIL.
3. Divine Positive law – one that is promulgated by a competent authority. Its expression is
found in the Ten Commandments.
4. Human Positive law – one that is made and promulgated by human authority. It is divided
into:
1. General or Public law – one that regulates the relationship between and among individuals
and the State.
2. Individual or Private law – one that regulates the relationship between and among
individuals.
1. International law – one that regulates the relationship between and among independent
States.
2. Constitutional law – one that sets forth the framework of governance, defines the powers
and limitations of the power that be and enumerates the basic rights of the people.
3. Criminal law – one that defines crimes and provides for their punishment.
4. Administrative law – one that provides for the general framework of governmental agencies
and their respective powers, duties and limitations.
5. Remedial law – one that provides for the procedure in asserting one’s rights in case of their
violations.
1. Civil law – one that regulates family, property, contractual and extra-contractual relations
between and among individuals.
2. Mercantile law – one that regulates commercial and trade relations between and among
members of the civil society.
1. To define relationships among the members of a society and to state which activities
are permissible and which are not permissible.
The regulation of the nursing profession, like all other professions, is based on the police
power of the State, which is the power of promoting public order and safety, public health,
public morals, education and general welfare by restraining and regulating the use of liberty
and property.
1. It provides a framework for establishing what nursing actions in the care of patients
are legal.
R.A. No. 9173, otherwise known as the Philippine Nursing Act of 2002
Approved on October 21, 2002
Took effect on November 20, 2002.
Regulates the nursing practice at present
It provides about:
1. Nursing Registration.
2. Nursing Examination.
3. Nursing Education.
4. Nursing Practice.
5. Health human resource production, utilization and development