PROFESSIONAL DEVELOPMENT

LEGAL ASPECT OF NURSING PRACTICE

(NURSING JURISPRUDENCE)

LAW
Are “rules of conduct, established and enforced by authority, which prohibit extremes in behavior so that
one can live without fear for oneself or one’s property.”

KINDS OF LAW
1. PUBLIC LAW

– Consists of constitutional law, criminal law, administrative law, international law and
political law.

2. CIVIL LAW
 Governs how people relate to each other in everyday matters, and consists of contract and tort
law.
 Commercial & remedial law

TORT LAW
A TORT is a “private or civil wrong or injury, including action for bad faith breach of contract, for which
the court will provide a remedy in the form of an action for damages.”
A TORT can be…..
1. denial of a person’s legal rights

2. failure to comply with public duty

3. failure to perform private duty that harms another person

NURSE PRACTICE ACT

The law that defines and regulates nursing practice.

An act that establishes the scope of practice for licensed practical nurses and registered nurses &
differentiates the practice of nursing from the practice of medicine
RA 9173
Implementing Rules and Regulations of the “PHILIPPINE NURSING ACT OF 2002”
Section 36, Article IX of RA 9173, entitled “An act providing for a more responsive nursing profession,
repealing for the purpose RA 7164. Otherwise known as the Philippine Nursing Act of 1991 and for other
purposes,” mandating the Professional Regulation Commission; hereinafter referred to as the, and the
Philippine Regulation Commission; hereinafter referred to as the Commission, in coordination with the
Accredited Professional Organization (APO), the DOH, the Dept of Budget & Management (DBM) & other
concerned government agencies to formulate the necessary rules & regulations that will effectively
implement the provisions of the law.

RULES OF RA 9173
I. Coverage, Policy Statement & Definition of Terms
II. Composition of the Board, Appointment, Qualifications, Term of Office & Compensation of
Chairperson & members of the Board of Nursing, Submission of Reports, and their Powers & Duties
III. Examination & Registration
IV. Nursing Education
V. Nursing Practice
VI. Health Human Resource Production, Utilization & Development
VII. Penal & Miscellaneous Provisions
VIII. Final Provisions
RULE I
Sec 1 : Title : IRR of the Philippine Nursing Act of 2002

Section 2 : Declaration of Policy – Assumes responsibility for the protections & improvement of the
nursing profession by instituting measures that will result in nursing education, humane working
conditions, better career prospects & a dignified existence for our nurses.
RULE I
Sec 3 : Definition of Terms
A. NEW NURSING ACT
B. COMMISSION
C. BOARD
D. NURSING PRACTICE
E. PROFESSIONAL NURSE
F. PRACTICING PROFESSIONAL NURSE
G. FOREIGN PROFESSIONAL NURSES
H. NURSING SPECIALTY PROGRAM
I. PUBLIC HEALTH INSTITUTION
J. ACCREDITED PROFESSIONAL ORGANIZATION
PROFESSIONAL NURSE
A person whose name & registration / professional license number is entered in the commissions
registry book and computerized database as legally authorized to practice the nursing profession.

PRACTICING PROFESSIONAL NURSE

A person who is engaged in the practice of the nursing profession or is performing acts or activities,
whether regularly or occasionally, including one who is employed in a government office or in private
firm, company or corporation whose duties require knowledge and application of the nursing
profession.
FOREIGN PROFESSIONAL NURSES
Foreign nationals who, being licensed professional nurses in their own countries, are authorized by
existing laws to practice their profession either as holders of a certificate of registration and a
professional identification card or a special / temporary permit in the Philippines, subject to the
provisions of subsections (J) and (I) of Section 7 of RA 8981 and other pertinent provisions of said RA
No. 8981 and 9173.
NURSING SPECIALTY PROGRAM
A training & development program intended to develop / enhance the skills, to which a registered
nurse devotes himself/ herself whether as a vocation or profession, to enable him / her to provide
nursing service in specific areas in accordance with the ethics of the profession and applicable law.
PUBLIC HEALTH INSTITUTION
Any organization that pursues the aims of public health through the provision of services, research,
training, management of programs & projects, or advocacy to include schools.
ACCREDITED PROFESSIONAL ORGANIZATION
The Philippine Nurses Association, Inc., or any professional organization of nurses which now or may
hereinafter, is accredited by the commission.
RULE II
Sec. 4 : Composition of the Board
Sec. 5 : Appointment
Sec. 6 : Qualifications of the Chairperson and Members
Be a natural born citizen and a resident of the Philippines
Be a member of good standing of the accredited professional organization of nurses
Be a registered nurse and a 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
Chairperson and majority of the members must be holders of a master’s degree in nursing
Must have at least ten (10) years of continuous practice of the profession prior to appointment, the
last five (5) years of which must be in the Philippine; and
Must not have been convicted of any offense involving moral aptitude.

RULE II
Sec. 7 : Term of Office
Sec. 8 : Removal or Suspension of the Board Members
Continued neglect of duly or incompetence
Commission or toleration of irregularities in the licensure examination; and
Unprofessional, immoral or dishonorable conduct
RULE II
Sec. 9 : Compensation of the Board of Members
Sec. 10 : Requirements Upon Qualifications as Chairperson or Member of the Board shall :
immediately resign from any teaching position in any school, college, university or institution offering
BSN and/ or review program for the local nursing board examinations;
immediately resign from any office or employment in the private sector and / in the government or
any subdivision, agency or instrumentality thereof, including government-owned and / or – controlled
corporations or their subsidiaries;
not have any pecuniary interest in, or administrative supervision over any institution offering BSN
including review classes.

RULE II
Sec. 11 : Powers, Duties, Functions & Responsibility of the Board
Conduct the licensure examination for nurses;
Issue, suspend or revoke certifications of registration for the practice of nursing;
Monitor and enforce quality standards of nursing practice in the Philippines and exercises the powers
necessary to ensure the maintenance of efficient, ethical and technical, moral & professional
standards in the practice of nursing taking into account the health of the nation;
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;
Conduct hearing and investigation complaints against nurse practitioners for unethical &
unprofessional conduct & violation of this Act, or its rules & regulations.
RULE II
Sec. 11 : Powers, Duties, Functions & Responsibility of the Board
 Adopt & promulgate a Code of Ethics and a Code of Technical Standards for the practice of nursing in
coordination and consultation with the accredited professional organization of nurses within one (1)
year from the effectivity of the subject Nursing Act;
Recognize nursing specialty organizations in coordination with the accredited professional
organization;
Subject to the review & approval of the Commission, prescribe, adopt, issue and promulgate
guidelines, regulations, measures and decisions as may be necessary for the improvement of nursing
practice, advancement of the profession, and for the proper and full enforcement of the provisions of
the “Philippine Nursing Act of 2002”, and
Submit an annual report to the Commission at the close of its calendar year giving detailed account
of its proceedings and the accomplishment during the year and making recommendations for the
adoptions of measures that will upgrade and improve the conditions affecting the practice of the
nursing profession.
RULE III
Sec. 12 – Licensure Examination
Sec. 13 – Qualifications for Admission to the Licensure Examination
A. He is a citizen of the Philippines, or if 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 are substantially the same as those prescribed in this Act;
B. He / She is of good moral character, and
C. He / She is a holder of a BSN from a college or university that complies with the standards
of nursing education duly recognized by the proper government agency.
RULE III
Sec. 14 – Scope of Examination
Sec. 15 – Ratings
Sec. 16 – Oath
Sec. 17 – Issuance of Certificate of Registration / Professional License and Professional Identification
Card
Sec. 18 – Fees for Examination & Registration
Sec. 19 – Automatic Registration of Nurses
Sec. 20 – Registration by Reciprocity
Sec. 21 – Practice through Special / Temporary Permit
Sec. 22 – Non-registration & Non-issuance of Certificates of Registration / Professional License or Special
/ Temporary Permit
A. any person convicted by final judgment of any criminal offense involving moral
turpitude;
B. any person guilty of immoral or dishonorable conduct, and
C. any person declared by the court to be of unsound mind.
RULE III
Sec. 23 : Revocation and Suspension of Certificate of Registration / Professional License and Cancellation
of Special / Temporary Permit
A. For any of the causes mentioned in sec. 22 of RA No. 9173;
B. For unprofessional and unethical conduct;
C. For gross incompetence or serious ignorance;
D. For malpractice or negligence in the practice of nursing;
E. For the use of fraud, deceit, or false statements in obtaining a certificate of registration /
professional license or a special / temporary permit;
 F. For violation of RA 9173 and this IRR, Code of Ethics for Nurses and Code of Technical
Standards for Nursing Practice, policies of the Board and the Commission, or the conditions
& limitations for the issuance of the special / temporary permit, or
G. For practicing his / her profession during his / her suspension from such practice.
RULE III
Sec. 24 : Re-issuance of Revoked Certificate and replacement of Lost Certificates
A. after the expiration of a minimum period of four (4) years from the date of revocation of
a certificate;
B. when the cause for revocation has disappeared or has been cured and corrected; and
C. when the request is to replace lost, destroyed or mutilated certificate / license.
RULE IV
Sec. 25 : Nursing Education Program
Sec. 26 : Requirement for Inactive Nurses Returning to Practice
Sec. 27 : Qualifications of the Faculty
A. Be a registered nurse in the Philippines;
B. Have at least one (1) year of clinical practice in a field of specialization;
C. Be a member of good standing in the accredited professional organization of nurses;
and
D. Be a holder of a masters degree in Nursing, Education, or other allied medical and health
sciences conferred by a college or university duly recognized by the Government of the
Republic of the Philippines.
RULE V
Sec. 28 : Scope of Nursing
DUTIES & RESPONSIBILITIES OF A NURSE:
A. Provide nursing care through the utilization of the nursing process
B. Establish linkages with community resources & coordination with the health team
C. Provide health education to individuals, families & communities
D. Teach, guide and supervise students in nursing education programs including the
administration of nursing services in varied settings such as hospitals & clinics
E. Undertake consultation services
F. Engage in such activities that require the utilization of knowledge and decision-making
skills of a registered nurse; and
G. Undertake nursing & health human resource development training & research, which shall
include, but not limited to the development of advance nursing practice.
RULE V
Sec. 29 : Qualifications of Nursing Service Administrators
1. SUPERVISORY OR MANAGERIAL POSITIONS
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 BSN, 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.

RULE V
Sec. 29 : Qualifications of Nursing Service Administrators
2. CHIEF NURSE OR DIRECTOR OF NURSING
In addition to the previous requirements must also have:
 A. At least five (5) years of experience in a supervisory or
managerial position in nursing; and
B. A master’s degree in nursing

RULE V
Sec. 29 : Qualifications of Nursing Service Administrators
3. CHIEF NURSE FOR PRIMARY HOSPITALS
A. Be a registered nurse in the Philippines
B. Have at least two (2) years experience in general nursing
service administration; and
C. Possess a degree of BSN, with at least nine (9) units in management
and administration course at the graduate level.

RULE V
Sec. 30 : Priority in Appointments
A. Appointment for a chief nurse in the public health agencies
MPH / MaCHN
B. Appointment for a chief nurse in Military Hospitals
MAN & GSC
RULE VI
Sec. 31 : Studies for Nursing Manpower Needs, Production, Utilization and Development
Sec. 32 : Comprehensive Nursing Specialty Program
Sec. 33 : Salary
Sec. 34 : Funding of the Comprehensive Nursing Specialty Program
Sec. 35 : Incentives & Benefits
RULE VII
Sec. 36 : Prohibition in the Practice of Nursing
A. without a certificate of registration / professional license & professional ID card or
temporary permit;
B. who uses as his / her own certificate of registration / professional license & professional
ID card or temporary permit of another; or
C. who uses an invalid certificate of registration / professional license, a suspended or
revoked certificates of registration / professional license, or an expired or cancelled special
/ temporary permit; or
D. who gives any false evidence to the Board in order to obtain a certificate or registration /
professional license
E. who falsely poses or advertises as a registered nurse or uses any other means that tend to
convey the impression that he / she is a registered nurse & licensed nurse; or
F. who appends BSN.,RN or any similar appendage to his / her name without having been
conferred said degree or registration; or
G. who, as a registered nurse and licensed nurse, abets or assists the illegal practice of a
person who is not lawfully qualified to practice nursing.
RULE VIII
Sec. 37 : Enforcement of the Provisions of RA No. 9173 as implemented by this IRR
Sec. 38 : Assistance of Law Enforcement Agency
Sec. 39 : Appropriations
Sec. 40 : Separability Clause
Sec. 41 : Repealing Provisions
Sec. 42 : Effectivity

– PROMULGATED : 22nd October, 2003, City of Manila

RA NO. 7305
THE MAGNA CARTA OF PUBLIC HEALTH WORKERS
RA NO. 7305
Sec. 1 : Title
Sec. 2 : Declaration of Policy & Objectives
The Act aims :
a. to promote & improve the social and economic well-being of the health workers, their
living & working conditions & terms of employment;

b. to develop their skills & capabilities in order that they will be more responsive & better
equipped to deliver health projects & programs;

c. to encourage those with proper qualifications & excellent abilities to join & remain in
government service
RA NO. 7305
Sec. 3 : Definition

HEALTH WORKERS – shall mean all persons who are engaged in health & health-related work,
and all persons employed in all hospital, sanitaria, health infirmaries, health centers, rural
health units, barangay health stations, clinics and other health-related establishment owned
and operated by the Government or its political subdivisions with original charters and shall
include medical, allied health professionals, administrative and supports personnel
employed regardless of their employment status.
RA NO. 7305
Sec. 4 : Recruitment & Qualifications
Sec. 5 : Performance Evaluation & Merit Promotion
Sec. 6 : Transfer or Geographical Reassignment of Public Health Workers
a. Transfer is a movement from one position to another which is of equivalent rank, level or
salary without break in services;
b. A geographical reassignment, hereinafter referred to as “reassignment’, is a movement
from one geographical location to another, and
c. A public health worker shall not be transferred and / or reassignment of the public health
and his/her immediate family shall be paid for the government.
RA NO. 7305
Sec. 7 : Married Public Health Workers
Sec. 8 : Security of Tenure
Sec. 9 : Discrimination Prohibited
Sec. 10 : No Understaffing / Overloading of Health Staff
Sec. 11 : Administrative Charges

RA NO. 7305
Sec. 12 : Safeguards in Disciplinary Procedures
The public health workers shall have:
 a. the right to be informed, in writing, to 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 witness presented against him/her and common witness 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;
g. such other rights as will ensure fairness & impartiality during proceedings.

RA NO. 7305
Sec. 13 : Duties and Obligations
Discharge his/her duty humanely with conscience and dignity
Perform his/her duty with utmost respect for life, and
Exercise his/her function without consideration to race, gender, religion, nationality, party, politics, social
standing or capacity to pay.

Sec. 14 : Code of Conduct

Sec. 15 : Normal Hours of Work

RA NO. 7305
Sec. 16 : Overtime Work
Sec. 17 : Work During Rest Day
Sec. 18 : Night –Shift Differential
Sec. 19 : Salaries
Sec. 20 : Additional Compensation

A public health worker shall receive the following allowances :

a. Hazard Allowance
b. Subsistence Allowance
c. Longevity Pay
d. Laundry Allowance
e. Remote Assignment Allowance

RA NO. 7305
Sec. 21 : Hazard Allowance
Sec. 22 : Subsistence Allowance
Sec. 23 : Longevity Pay
Sec. 24 : Laundry Allowance
Sec. 25 : Remote Assignment Allowance
Sec. 26 : Housing
Sec. 27 : Medical Examination
Sec. 28 : Compensation for Injuries
Sec. 29 : Leave Benefits for Public Health Workers
Sec. 30 : Higher Basic Salary Upon Retirement

RA NO. 7305
Sec. 31 : Right to Self-Organization
Sec. 32 : Freedom from Interference of Coercion
Sec. 33 : Health Human Resources Development / Management Study
Sec. 34 : Rules and Regulations
Sec. 35 : Prohibition against Double Recovery of Benefits
Sec. 36 : Prohibition against Elimination and/or Diminution
Sec. 37 : Budgetary Estimates
Sec. 38 : Penal Provision
Sec. 39 : Separability Clause
Sec. 40 : Repealing Clause
Sec. 41 : Effectivity
APPROVED – March 26, 1992

PROFESSIONAL NEGLIGENCE
Refers to the commission or omission of an act, pursuant to a duty, that a reasonably prudent person
in the same or similar circumstances would or would not do, and acting or the non-acting is the
proximate cause of injury to another person or to this property.
ELEMENTS OF PROF. NEGLIGENCE
1. existence of a duty on the part of the person charged to use due care under circumstances.
2. failure to meet the standard of due care.
3. the foreseeability of harm resulting from failure to meet the standard.
4. the fact that the breach of this standard resulted in an injury to the plaintiff.
SPECIFIC EXAMPLES OF NEGLIGENCE
1. Failure to report observations to attending physicians
2. Failure to exercise the degree of diligence which the circumstances of the particular case demands
3. Mistaken identity
4. Wrong medicine, concentration, route, & dose
5. Defects in the equipment that may lead to falls thus injuring the patients
6. Errors due to family assistance
7. Administration of medicine without a doctor’s prescription

The DOCTRINE OF RES IPSA LOQUITUR

THREE (3) CONDITIONS ARE REQUIRED TO ESTABLISH A DEFENDANT’S NEGLIGENCE WITHOUT
PROVING SPECIFIC CONDUCT:

1. The injury was of such nature that it would not normally occur unless there was negligent act on
the part of someone.

2. That the injury was caused by an agency within the control of the defendant

3. That the plaintiff himself did not himself engage in any manner that would tend to bring about the
injury
The DOCTRINE OF RES IPSA LOQUITUR
PROOF OF THE PLAINTIFF THAT EACH OF THESE FACTORS EXISTED IN A GIVEN SITUATION PERMITS
THE COURT TO CONCLUDE THAT THE DEFENDANT WAS NEGLIGENT. NO FURTHER PROOF IS
REQUIRED.

1. A patient came in walking to the Out-Patient clinic for injection that could result to subsequent
paralysis.

2. The presence of sponges in the patient’s abdomen after an operation

3. Fracture on a newly delivered baby born by breech presentation

MALPRACTICE
Implies the idea of improper or unskillful care of a patient by a nurse.

Denotes stepping beyond one’s authority with serious consequences.

The DOCTRINE OF FORCE MAJEURE
Means an irresistible force, one that is unforeseen or inevitable.
The DOCTRINE OF RESPONDEAT SUPERIOR
Means, “LET THE MASTER ANSWER FOR THE ACTS OF THE SUBORDINATE.”
INCOMPETENCE
Is the lack of ability, legal qualification or fitness to discharge the required duty.
ISSUES ON LIABILITIES
1. Work of Nursing Aides
2. Work of Nursing Students
3. Legal defense in negligence
4. Medical Orders, Drugs & Medications
5. Telephone Orders
6. Consent to Medical & Surgical Procedures
7. Medical Records
8. Charting done by Nursing Students
9. Medical Records in Legal Proceedings
10. Legal risks for Defective Equipment

TORTS
Is a legal wrong, committed against person or property independents of a contract which rendered
the persons who commits is liable for damages in a civil action.
EXAMPLES OF A TORT ARE:
1. ASSAULT & BATTERY

2. FALSE IMPRISONMENT OR ILLEGAL DETENTION

3. INVAASION OF RIGHTS TO PRIVACY AND BREECH OF CONFIDENTIALITY

4. DEFAMATION

ASSAULT
Is the imminent threat of harmful or offensive bodily contact; and unjustifiable to touch another
person or the threat to do so in such circumstances as to cause the other reasonably to believe that
will be carried out.
BATTERY
Is an intentional, unconsented touching of another person.
FALSE IMPRISONMENT
Means the unjustifiable detention of a person without a legal warrant within boundaries fixed by the
defendant by an act or violation of duty intended to result in such confinement.
DEFAMATION
Is character assassination, be it written or spoken.
SLANDER
Is oral defamation of a person by speaking unprivileged or false words by which his reputation is
damage.
LIBEL
Is printed defamation by written words, cartoons or such representations that cause a person to be
avoided, ridiculed or held in contempt or tend to injure him in his work.

CRIME
Is defined as an act committed or omitted in violation of the law.
CONSPIRACY
Is when two or more persons agree to commit a felony and decide to do it.
PRINCIPALS
Are those who take a direct part in the execution of the act; who directly force or induce others to
commit it, or who cooperate in the commission of the offense by another act without which it would
not have been accomplished.
ACCOMPLICES
Are those persons who, not being a principal, cooperate in the execution of the offense by previous
or simultaneous act.
ACCESSORIES
Are those who, having knowledge of the commission of the crime, either as principal or accomplice,
take part subsequent to its commission by profiting themselves or assisting the offender to profit by
the effects of the crime by concealing or destroying the body of the crime, or the effects or
instruments thereof.

CRIMINAL ACTIONS
Deal with acts or offenses against public welfare that varies from minor offenses and misdemeanors
to felonies.
MISDEMEANOR
Is the general name for criminal offense which does not in law amount to the grade of a felony.
FELONY
Is a public offense for the conviction of which a person is liable to be sentenced to death or to
imprisonment in a penitentiary or prison.
CRIMINAL INTENT
Is the state of mind a person has at the time the criminal act is committed, that is, knowing an act is
not lawful and deciding to do it anyway.

CLASSES OF FELONIES
According to the degree of the acts of execution:
1. CONSUMMATED
2. FRUSTRATED
3. ATTEMPT

According to the degree of punishment :

GRAVE
LESS GRAVE
LIGHT

CONSUMMATED FELONY
When all the elements necessary for its execution and accomplishment are present at present.
FRUSTRATED FELONY
When the offender performs all the acts of execution which would produce the felony as a
consequence but which nevertheless, do not produce it by reason of causes independent of the will
of the perpetrator.
ATTEMPT FELONY
When the offender commences the commission of the same directly by overt acts, and does not
perform all the acts of execution which should produce the felony, by reason of some cause or
accident other than his own spontaneous resistance.
GRAVE FELONIES
Are those to which the law attaches the capital punishment or penalties which in any of their periods
are afflictive.
LESS GRAVE FELONIES
Are those which the law punishes with penalties which in their maximum period are correctional.
LIGHT FELONIES
Are those infractions of law for the commission of which the penalty of arresto menor.

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

1. JUSTIFYING
2. EXEMPTING
3. MITIGATING
4. AGGRAVATING
5. ALTERNATIVE
JUSTIFYING CIRCUMSTANCES
1. Anyone who acts in defense of his person or rights
2. Acts in defense of his spouse, ascendants, descendants, or legitimate or natural or adopted siblings
or relatives
3. Acts in defense of a stranger not induced by revenge, resentment or other evil motive
4. Injury feared is greater
5. Acts in fulfillment of a duty
EXEMPTING CIRCUMSTANCES
1. Imbecile or insane person
2. Under 9 years of age
3. Over 9 years of age and under 15 unless he has acted with discernment
4. Cause an injury merely by accident without fault or intention of causing it
5. Acts under the compulsion of an irresistible force
6. Acts under the impulse of an uncontrollable fear of an equal or greater injury
7. Fails to perform an act required by law, when prevented by some lawful or insuperable cause
MITIGATING CIRCUMSTANCES
1. Offender had no intention to commit so grave a wrong as that committed
2. Offender is under 8 years of age or over 70 years old
3. Sufficient provocation or threat on the part of the offended party immediately preceded the act
4. Committed in the immediate vindication of a grave offense to the one committing the felony
5. Having acted upon an impulse so powerful as naturally to have produced passion or obfuscation
6. Offender had voluntarily surrendered himself to a person in authority
7. Offender is deaf and dumb, blind or otherwise suffering from some physical defect
8. Offender’s illness that would diminish the exercise of his will-power
AGGRAVATING CIRCUMSTANCES
1. advantage be taken by the offender of his public position
2. crime committed in contempt of or with insult to public authorities
3. committed with insult or in disregard of the respect of the offended party on account of his rank,
age or sex
4. committed with abuse of confidence or obvious ungratefulness
5. committed in place of worship
6. committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity
7. committed in consideration of a price, reward or promise
8. craft, fraud, or disguise be employed
ALTERNATIVE CIRCUMSTANCES
1. Rape
2. Forcible abduction
3. Arson
4. Treason
5. Crimes against chastity
6. Crimes committed in a merciless or heinous manner

Pointers to observe in Order to avoid Criminal Liability

 Be very familiar with the Philippine Nursing Law.
 Beware of Laws that affect nursing practice
 Get a copy of your job description, agency’s rules, regulations and policies.
 Upgrade your skills and competence
 Pointers to observe in Order to avoid Criminal Liability
 Accept only responsibilities that are within the scope of your employment and your job
description.
 Be careful with delegating your responsibilities.
 Determine whether your subordinates are competent.
 Develop good IPR with your co workers.
 Pointers to observe in Order to avoid Criminal Liability
 Consult your supervisors
 Verify unclear orders
 Inform the doctor of the patient’s condition
 Keep in mind the value of accurate and adequate records
 Patients are entitled to informed consent.

MORAL TURPITUDE
Is an act of baseness, vileness or depravity in social or private duties.
MURDER
Is the unlawful killing of a human being with intent to kill.
Pointers to observe in Order to avoid Criminal Liability
Be very familiar with the Philippine Nursing Law.
Beware of Laws that affect nursing practice.
Get a copy of your job description, agency’s rules, regulation and policies.
Upgrade your skills and competence.
HOMICIDE
Is the killing of a human being by another, it may be committed without criminal intent, committed
by any person who kills another, other than his father, mother, or child or any of his ascendants or
descendants, or his spouse, without any of the circumstances attendant the crime of murder
enumerated above being present.
ABORTION
Any person who, with the intentions of prematurely ending a pregnancy, willfully and unlawfully does
any act to cause the same is guilty of procuring abortion.
INFANTICIDE
Is the killing of a child less than three (3) days of age.
PARRICIDE
Is a crime committed by one who kills his father, mother of the child whether legitimate or illegitimate
or any of his ascendants or descendants or his spouse.
ROBERRY
Is a crime against property or person.

WILL
Is a legal declaration of a person’s intentions upon death. It is called a testamentary document
because it takes effect after the death of its maker.
DECEDENT
Is a person whose property is transmitted through succession whether or not he left a will.
HEIR
Is a person called to the succession either by the provision of a will or by operation of law.
HOLOGRAPHIC WILL
A will which is written, dated and signed by the testator.
NUNCUPATIVE WILL
Is an oral will.

ESSENTIALS OF A WILL TO MEET THE LEGAL REQUIREMENTS

1. testator must have expressed intention of making last will.
2. testator should name the person who will be charged with carrying out the provisions of the will
3. properties must be disposed in accordance with legal requirements.
4. will must be signed by the testator, attested and signed by at least three (3) witnesses in his
presence and of one another.
5. every will must be acknowledged before a notary public by the testator and witnesses.
6. witnesses to the wills should be of sound mind, 18 years of age or more, not blind, deaf or dumb
and able to read and write
7. a married woman may make a will without the consent of her husband and without the authority
of the court.
GIFTS
Another way of disposing property aside from a will.

Four (4) legal requirements:

the gift must consist of personal property
there must be an intention to make the gifts
an indication of transfer of control over such property
there must be acceptance by the recipient
LEGAL PROCEDURE & TRIAL
1. Commencement of the Action
2. Statutes of Limitation
3. Commencement of Legal Proceedings
4. Pleading
5. Pre-Trial Procedures
6. Trial
7. Appeals
8. Execution of Judgment

CONTRACT
Is a meeting of minds between two persons whereby one binds himself, with respect to the other, to
give something or to render some service.
KINDS OF CONTRACTS
1. FORMAL
2. INFORMAL
3. EXPRESS
4. IMPLIED
5. VOID
6. ILLEGAL
FORMAL CONTRACT
Is one which by some special law is required to be in writing.
INFORMAL CONTRACT
Is one which is concluded as the result of a written document or correspondence where the law does
not require the same to be in writing, or as the result of oral and spoken discussion between the
parties or conduct between the parties evidence an intention to contract.
EXPRESS CONTRACT
Is one in which the conditions and terms of the contract are given orally or in writing by the parties
concerned.
IMPLIED CONTRACT
Is one that is concluded as the result of acts or conduct of the parties to which the law ascribes an
objective intention to enter into a contract.

EXAMPLE : Facio Ut Des

VOID CONTRACT
Is one that is inexistent from the very beginning and therefore may not be enforced.
ILLEGAL CONTRACT
Is one that is expressly prohibited by law.

OTHER LAWS R/T SAFE PRACTICE OF NURSING

RA 6713 – Code of Conduct & Ethical Standards for Public Officials & Employees

RA 7160 – Local Government Code

RA 2382 – Philippine Medical Act

RA 8749 – Clean Air Act

RA 9211 – Tobacco Regulation Act

OTHER LAWS R/T SAFE PRACTICE OF NURSING

RA 8976 – Philippine Food Fortification

RA 6365 – National Policy on Population

EO 2009 – Family Code of the Philippines

RA 7600 – Rooming-in & Breastfeeding

RA 9288 – Newborn Screening

RA 9262 – Anti-violence Against Women & the Children

OTHER LAWS R/T SAFE PRACTICE OF NURSING

RA 7885 – Advance Corneal Transplantation in the Phils

RA 7719 – National Blood Service

RA 7875 – National Health Insurance Act of 1995

PD 996 – Compulsory Immunization of all Children below 8 years old of age against six childhood
immunizable diseases

RA 6675 – Generics Act of 1988

OTHER LAWS R/T SAFE PRACTICE OF NURSING

RA 6425 – Dangerous Drug Act

RA 8423 – Philippine Institute of Traditional & Alternative Health Care (PITAHC)

RA 4226 – Hospital Licensure Act

PD 148 – Woman & Child Labor Law

RA 8504 – Philippine AIDS Prevention & Control

Organ Donation Act of 1991

DIFFERENT FIELDS OF NURSING

CLASSIFICATION
1. HOSPITAL or INSTITUTIONAL NURSING
2. PUBLIC HEALTH NURSING
3. PRIVATE / SPECIAL DUTY NURSING
4. INDUSTRIAL / OCCUPATIONAL HEALTH NURSING
5. NURSING EDUCATION
6. MILITARY NURSING
7. SCHOOL NURSING
8. CLINIC NURSING
9. INDEPENDENT NURSING PRACTICE

HOSPITAL NURSING
ADVANTAGES:
Presence of SUPERVISOR when problem exist.
Opportunity to get rotated
Updated to new trends in medical & nursing care of patients
8 hour day / 40 hour per week duty
Faster promotion
Periodic raises in salary
Considered an important member of the health team
More staff development

DISADVANTAGES:
Understaffing
Lack of time for continuing education
Administrative problem and overwork leading to dissatisfaction
PUBLIC HEALTH NURSING
ADVANTAGES:
 Be able to see the total picture of family & the community health
 Provide better perspective of the community health conditions
 Maximize efforts to improvise
 Utilize various community resources
 Focus of care is educative & preventive aspects
 Individuals, families & communities are motivated to assume responsibility for their own
health care
DISADVANTAGES:
 Cases are limited to chronic & communicable diseases
 More exposure to hazards
 No fixed hours of work
 Not as exciting & glamorous work as hospital work
 Limited practice of skills
 May not immediately aware of new care trends
 Not a place for introverts
 Absence of immediate supervisor
PRIVATE DUTY NURSING
ADVANTAGES:
 Chance to see life as it really is, study human nature & to know at close range interesting
people of different nationalities, culture, religion & status
 Opportunity to make real friends through close association
 Chance to travel & see the world
 Ability to own time, adjusting work & private life satisfactorily
 Keeping abreast of new knowledge & procedure
 Challenge of giving their best in providing satisfaction
DISADVANTAGES:
 promote total patient dependency
 Have not upgraded knowledge & skills
 Minimizes opportunity of developing good relationships with other hospital personnel
 Resent supervision by hospital staff
 Little assistance given by the Head Nurse
 Very little or no participation for professional activities
 Receive same fee as the newly graduate ones
 Create bigger problem & liabilities
 No retirement, insurance & medicare benefits

OCCUPATIONAL HEALTH NURSING

ADVANTAGES:
 Expertise in emergency nursing
 Understand fully about company policies on personnel
 Custodians of employees records
 Offs during weekends
 Seniority wage increases, pensions & insurances

DISADVANTAGES:
 Works alone
 Pay would probably be less than hospital work

NURSING EDUCATION
ADVANTAGES:
 High salaries
 More time for continuing education
 Be abreast of innovations to medicine & nursing practice
 Prepared skills as nursing educators
 Enhance students full potentials

DISADVANTAGES:
More workload and paperwork

MILITARY NURSING
ADVANTAGES:
  High salary rate & allowance
 Glamorous & prestige of the uniform, rank & position
 Hospitalization & free medicine benefits for parents, dependents, authorized relatives with
specialists care
 Military Schooling
 Opportunity to meet people who hold key position in the AFP & government
 Opportunity to attend gala, social functions & parade
 Opportunity to travel abroad

DISADVANTAGES:
 Rigorous military training
 Be able to be assigned in remote environment

SCHOOL NURSING
ADVANTAGES:
 Ability to watch children advance from grade to grade in school health
 Hours are usually good. No shift duty
 Liberal holidays, vacation, summer months

DISADVANTAGES:
 Works alone
 May not receive full recognition from the teachers
 Do not update themselves of current issues in nursing

CLINIC NURSING
ADVANTAGES:
 Favorable working hours
 Satisfaction of working with people they know
 Be trusted in their judgment & share in making plan of care of the patient
 Off on week-ends and holidays

DISADVANTAGES:
Receive slightly lower salary than hospital nurses
INDEPENDENT NURSING
ADVANTAGES:
 Assume greater responsibility for designated areas or generalized nursing practice
 Increased involvement to client’s family and community will increase the nurse’s sensitivity &
response to the client’s needs
 Maintain positive community health programs
 Validate & legitimize extended role practices for the nurse

DISADVANTAGES:
Accountability in decisions