PROFESSIONAL GROWTH

&
DEVELOPMENT

Concept Review Part 4

LEGAL RESPONSIBILITIES OF MIDWIFE

1. CONTRACT – an agreement between two people which creates an obligation recognized by the law

Elements of Valid Contract

 Consent must be freely given
 Competent parties
 Legal objects
 Valid considerations

Two kinds of Contract

1. According to Format
 Formal Contract – written down and it follows at all times the legal document/ long bond paper,
notarized
 Informal Contract – orally done/ written down but does not follow the legal documents
2. According to Statement
 Expressed Contract – terminal conditions are written down and the beginning and
ending of the contract are also expressed e.g. job description
 Implied Contract – it is actually based in the reaction and behavior of contracts parties

2. WILL – an act whereby a person disposes of his property to take effect after his death
Testator/ testatrix – a person who makes the will
Probate – to prove the validity of the will in court
Testament – an act whereby a person disposes of his personal property to take effect after his
death
Escheat – when his property is transferred in the name of Republic of the Philippines

Two kinds of Will

1. Holographic Will – when the testator entirely writes down the will. Date and signed of the testator
should be indicated in the will.

2. Notarial/ Nuncupative / Authenticated Will – when the testatorally makes the will and will ask
someone to write it down or him.

TWO KINDS OF SUCCESSION

1. Testate – when there is a will executed by the testator
2. Intestate – when there is no will executed by the testator
* The Midwife serves as a witness in making a will of your patient.
* Ethical obligation – right to refuse in making patients will
* Durable Power Attorney – appointing someone if you’re not capable to decide
* Disinherited by parents, relatives – only when attempt to kill/ against their own life

Personal Property – movable property e.g. jewelries, given as testament

Real Property – immovable property e.g. land, house, bldgs., given as will

Will to the court (probate)

 Void from the start.
 Intestate
*Illegitimate siblings has < share of properties than legitimate siblings
*Adapted siblings has = properties to legitimate siblings
*spouse has ¼ of the properties
* ¼ free portion – for the taxes to be paid after getting the properties

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*Prenuptial Agreement – agreement before marriage, which husband property different from wife
property vice versa/ have separate property even they’re married
*Conjugal Agreement – husband’s properties is also wife’s properties/ vice versa

3. Lawsuits – proceedings in court

Purpose: To enforce a right, to redress a wrong

PARTIES:
a. Criminal Action
 Complainant – person who file a case with a court against another, a concise statement of the
ultimate facts constituting cause of action.
 Respondent – the person against whom the case
b. Civil Action
 Plaintiff – person who file a case with PRC
 Defendant – the person against whom the case
Sub Poena ad testicandum/ Sub Poena – court summons is served directing a witness to appear and
give testimony on the date and time ordered
Sub poena duces tecum – served to a witness requiring him to bring records, papers or charts
Testimony of facts – testifying only on what he knows based on facts
Tesstimony of opinion – may only be given by expert witness
Expert witness – one who is qualified to testify based on special knowledge, skill and training
Perjury – false swearing under oath
Privileges against self – incrimination – right not to answer any questions that will incriminate him/her
>mind/ imagination purely e.g. ejaculation to excrete sperm/semen
> not self – incrimination – mechanical e.g. pregnancy test, drug test, urine test, DNA test, pubic hair,
purgative/ laxative, blood sample
Hearsay evidence – repetition of what the witness heard others say
Ante mortem statement – dying declaration considered hearsay except when made by a victim of a
crime

You go to a Court:
 When rights are violated
 To correct a wrong and have it corrected
Remedies going to court:
 Quasi – Administration Body
 Municipal
 Regional
 Board of Appeal
 Supreme Court

Terminologies:

Fraud/Deceit – causing someone to believe what is not true

Neosoly – place of birth (Rule of Soil)
Sanguine – blood from parents (Rule of blood)
Naturalize – change of citizenship such American to Filipino
Misdemeanor – practice without license or practice with expired licence.
Misrepresentation – using of other license
Malpractice – go beyond scope

PROFESSIONAL ORGANIZATION OF MIDWIVES

INTEGRATED MIDWIVES ASSOCIATION OF THE PHILIPPINES (IMAP)

Brief History:

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 In the 1961 two organization were founded the Philippine Midwives association of the
Philippines or the PHIMIDAS with Atty. Angelina Fonce as first president and the National Federation of
Filipino Midwives or the NFFM with Mrs. Leoncia Chuatoco as first president.

In 1974, the two were integrated to become IMAP with Ms. Juana Reyes as its first president. It is
presently the only professional midwives association recognized by the Philippine Regulatory
Commission (PRC)

Letter of Instruction 1980

Compulsory membership to professional association accredited by the professional regulations
commission