SEMI-FINAL

PROFESSIONAL AND PERSONAL DEVELOPMENT

ETHICS
- came from the greek word “ethos” (moral duty)

- standard to examine and understand moral life.

Nursing Ethics defined..

The branch of science which treats of the duties of a member of the nursing profession towards her co-
professional nurses, to her profession and other professions, to her co-workers and other members of the
health team, to her clients and patients, and to the public in general.
It refers to the conduct or behavior of nursing practitioners which by reason of public approval or practices
of the group has become customary among professional nurses.

Other definition:
It is a system of principles governing the conduct of Nurses. It deals with the relationship of the Nurse and
patient, the patient’s family, his associates and fellow nurses and the society at large.

JUST A QUICK REVIEW!

UNIVERAL PRINCIPLES OF BIOMEDICAL ETHICS

AUTONOMY – promotes self-determination and freedom to choose, informed consent.

VERACITY – telling the truth
BENEFICENCE – “to do good”; refers to actions that benefits others based on the Hippocratic Oath “ to apply
measures to benefit the sick”.
NON-MALEFISCENCE –  this principle imposes the duty to avoid harming the patient based on the
Hippocratic Oath of  “do no harm”.
PATERNALISM – one individual assumes the right to make decisions for another.
JUSTICE – right to demand to be treated justly, fairly, and equally.
CONFIDENTIALITY – keeping privileged information private.
FIDELITY – Keeping one’s word of honor; loyalty to commitments and oaths; reliability

PRINCIPLE OF DOUBLE-EFFECT – An action that is good in itself that has two effects – an intended and
otherwise not reasonably attainable good effect, and an unintended yet foreseen evil effect – is licit,
provided there is a due proportion between the intended good and the permitted evil.

CODE OF ETHICS FOR NURSES

- The Code of Ethics for Filipino Nurses was made after a consultation on October 23, 2013 at Iloilo City after
accredited professional organization - the Philippine Nurses Association, Inc. (PNA) decided to adopt a new
Code of Ethics under the RA 9173.
- The Board of Nursing (BON) has the power to promulgate a Code of Ethics for Registered Nurses in
coordination and consultation with the accredited professional organization (Sec. 9, (g), Art III of (Republic
Act) No. 9173, known as the “Philippine Nursing Act of 2002);

IMPORTANT PROVISIONS:
1. Health is a fundamental right of every individual.
2. The Filipino registered nurse primary responsibility is to preserve health at all cost which encompasses
promotion of health, prevention of illness, alleviation of suffering, and restoration of health. (Article 1;
Section 1)
3. The desire for the respect and confidence of clientele, colleagues, co-workers, and the members of the
community provides the incentive to attain and maintain the highest possible degree of ethical conduct
(section 3)
4. Values, customs, and spiritual beliefs held by individuals shall be respected; individual freedom to make
rational and unconstrained decisions shall be respected; personal information acquired in the process of
giving nursing care shall be held in strict confidence. (Article II, section 4)
5. Registered nurses must know the definition and scope of nursing practice which are in the provisions of R.
A. No. 9173, known as the “Philippine Nursing Act of 2002” and Board Res. No. 425, Series of 2003, the
“Rules and Regulations Implementing the ; Philippine Nursing Act. of 2002”, (the IRR); be aware of their
duties and responsibilities in the practice of their profession. (Article III, section 7)
6. Registered nurses must see to it that quality nursing care and practice meet the optimum standard of safe
nursing practice. (Article III, section 7)
7. Registered nurses must ensure that patients’ records shall be available only if they are to be issued to
those who are professionally and directly involved in their care and when they are required by law. (Article
III, section 7)
8. Registered nurses are the advocates of the patients: they shall take appropriate steps to safeguard their
rights and privileges. This implies that nurses must respect the “Patients’ Bill of Rights” in the delivery of
nursing care. (Article III, section 8).
9. RNs must provide the patients or their families with all pertinent information except those which may be
deemed harmful to their well-being (Article III, section 8).
10. RNs must uphold the patients’ rights when conflict arises regarding management of their care Article III,
section 8).
11. RNs must perform their professional duties in conformity with existing laws, rules regulations, measures,
and generally accepted principles of moral conduct and proper decorum (Article III section 10)
12. RNs must not allow themselves to be used in advertisement that should demean the image of the
profession (i.e. indecent exposure, violation of dress code, seductive behavior, etc.) (Article III section 10).
13. RNs must decline any gift, favor or hospitality which might be interpreted as capitalizing on patients
(Article III section 10).
14. RNs must not demand and receive any commission, fee or emolument for recommending or referring a
patient to a physician, a co-nurse or another health care worker; not to pay any commission, fee or other
compensations to the one referring or recommending a patient to them for nursing care.
15. RNs must avoid any abuse of the privilege relationship which exists with patients and of the privilege
access allowed to their property, residence or workplace.
16. RNs must maintain their professional role/identity while working with other members of the health team
conform with group activities as those of a health team should be based on acceptable, ethico-legal
standards; contribute to the professional growth and development of other members of the health team;
actively participate in professional organizations; not act in any manner prejudicial to other professions;
honor and safeguard the reputation and dignity of the members of nursing and other professions; refrain
from making unfair and unwarranted comments or criticisms on their competence, conduct, and
procedures; or not do anything that will bring discredit to a colleague and to any member of other
professions; respect the rights of their co-workers.  (Article IV section 12).
17. RNs must be conscious of their obligations as citizens and, as such, be involved in community concerns;
be equipped with knowledge of health resources within the community, and take roles in primary health
care; project an image that will uplift the nursing profession at all times (Article V, section 14).
18. Maintenance of loyalty to the nursing profession and preservation of its integrity are ideal; Compliance
with the by-laws of the accredited professional organization (PNA), and other professional organizations of
which the Registered Nurse is a member is a lofty duty (Article VI Section 15).
19. RNs must be members of the Accredited Professional Organization (PNA); strictly adhere to the nursing
standards. PRC-BN– section 16.

International Council of Nursing (ICN) Code of Ethics for Nurses

- An international code of ethics for nurses was first adopted by the International Council of Nurses (ICN) in
1953. It has been revised and reaffirmed at various times since, most recently with this review and revision
completed in 2012.

- Nurses have four fundamental responsibilities: to promote health, to prevent illness, to restore health and
to alleviate suffering. The need for nursing is universal. Inherent in nursing is a respect for human rights,
including cultural rights, the right to life and choice, to dignity and to be treated with respect. Nursing care is
respectful of and unrestricted by considerations of age, color, creed, culture, disability or illness, gender,
sexual orientation, nationality, politics, race or social status. Nurses render health services to the individual,
the family and the community and coordinate their services with those of related groups.

THE ICN CODE

The ICN Code of Ethics for Nurses has four principal elements that outline the standards of ethical conduct.

ELEMENTS OF THE CODE:

1. Nurses and people

- The nurse’s primary professional responsibility is to people requiring nursing care.
- In providing care, the nurse promotes an environment in which the human rights, values, customs and
spiritual beliefs of the individual, family and community are respected.

- The nurse ensures that the individual receives accurate, sufficient and timely information in a culturally
appropriate manner on which to base consent for care and related treatment.

- The nurse holds in confidence personal information and uses judgement in sharing this information.

- The nurse shares with society the responsibility for initiating and supporting action to meet the health and
social needs of the public, in particular those of vulnerable populations.

- The nurse advocates for equity and social justice in resource allocation, access to health care and other
social and economic services.

- The nurse demonstrates professional values such as respectfulness, responsiveness, compassion,

trustworthiness and integrity.

2. Nurses and practice

- The nurse carries personal responsibility and accountability for nursing practice, and for maintaining
competence by continual learning.

- The nurse maintains a standard of personal health such that the ability to provide care is not
compromised. 

- The nurse uses judgement regarding individual competence when accepting and delegating responsibility.

- The nurse at all times maintains standards of personal conduct which reflect well on the profession and
enhance its image and public confidence.

- The nurse, in providing care, ensures that use of technology and scientific advances are compatible with
the safety, dignity and rights of people.

- The nurse strives to foster and maintain a practice culture promoting ethical behavior and open dialogue.

3. Nurses and the profession

- The nurse assumes the major role in determining and implementing acceptable standards of clinical
nursing practice, management, research and education.

- The nurse is active in developing a core of research-based professional knowledge that supports evidence-
based practice. The nurse is active in developing and sustaining a core of professional values. The nurse,
acting through the professional organisation, participates in creating a positive practice environment and
maintaining safe, equitable social and economic working conditions in nursing. 3 The nurse practices to
sustain and protect the natural environment and is aware of its consequences on health. The nurse
contributes to an ethical organisational environment and challenges unethical practices and settings.

4. Nurses and co-workers

-The nurse sustains a collaborative and respectful relationship with co-workers in nursing and other fields.
 The nurse takes appropriate action to safeguard individuals, families and communities when their health is
endangered by a co-worker or any other person.
 The nurse takes appropriate action to support and guide co-workers to advance ethical conduct.

Consider this!

The ICN Code of Ethics for Nurses is a guide for action based on social values and needs. It will have meaning
only as a living document if applied to the realities of nursing and health care in a changing society. To
achieve its purpose the Code must be understood, internalized and used by nurses in all aspects of their
work. It must be available to students and nurses throughout their study and work lives.

The four elements of the ICN Code of Ethics for Nurses: nurses and people, nurses and practice, nurses and
the profession, and nurses and co-workers, give a framework for the standards of conduct.

Reference: Retrieved from: https://www.icn.ch/sites/default/files/inline-

files/2012_ICN_Codeofethicsfornurses_%20eng.pdf

LEGAL ASPECTS OF NURSING

LAW, its definition:

-"a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and
prohibiting what is wrong.”

General Classifications of LAW:

- DIVINE LAW – authored by God
- HUMAN LAW – authored by man.

I. PUBLIC LAW - branch of law which is concerned with the state in its political or sovereign capacity.

1. Criminal law - branch of jurisprudence which treats of the nature, extent, and degrees of every crime, and
adjusts to “it” its adequate and necessary penalty.
2. International law - the law of nations which regulates the intercourse of nations.

a. Public International Law – body of rules which control the conduct of independent states in relations with
each other.
b. Private International Law or Conflict of Laws – part of the of each state which determines whether, in
dealing with a legal situation, the law of some other state will be recognized, be given effect, or be applied.

3. Political Law - branch of jurisprudence which treats of the science of politics  (the science of government)
or the organization and administration of government.

 - defines the organization and operation of the governmental organs of the State, and regulates the relation
between the state and the individuals that compose it.
a. Constitutional Law – department of law which treats of constitutions, their establishment, construction,
and interpretation, and of the validity of legal enactments as tested by the criterion of conformity to the
fundamental law.
b. Administrative Law – part of the law which fixes the organization and determines the competence of the
authorities which execute the law, and indicates to the individual the remedies for the violation of his rights.
c. Law of Public Administration – branch of political law which deals with the organization and management
of the different branches of the government.
d. Law of Public Corporations – branch of political law which deals with public corporations
 - Public corporation – created for public or governmental purposes (ex. Municipal corporations)

II. PRIVATE LAW – a term used to indicate a statute which relates to private matters that do not concern the
public at large

 CIVIL LAW – branch of the law which has the double purpose of organizing the family and regulating
property.
 COMMERCIAL LAW – branch of the law which relates to the rights of property and the relations of
persons engaged in commerce.
 REMEDIAL LAW – branch of the law which prescribes methods of enforcing rights or of obtaining
redress (remedy or compensation for a wrong or grievance) for their invasion

 - In law, remedy is the means employed to enforce a right or redress an injury.

What is a BILL?
- a draft of Law submitted for the consideration of a legislative  body for its adoption.

What is an  ENROLLED BILL?

- an already printed bill as finally approved by the Congress, thereafter authenticated with the signatures of
the Senate President, the Speaker and the Secretaries of their respective chambers and approved by the
President.

How Does A Bill Become A Law?

1. A bill is introduced by any member of the House of the Representatives or the Senate except for some
measures that must originate only from the former chamber;
2. The First Reading involves a reading of the number and title of the measure and its referral by the Senate
President or the Speaker to the proper committee for study;
3. The bill may be “killed” in the committee or it may be recommended for approval, with or without
amendments, sometimes after public hearings are first held thereon. If there are other bills of the same
nature or purpose, they may all be consolidated into the bill under common authorship or as a committee
bill;
4. Once reported out, the bill shall be calendared for Second Reading. It is at this stage that the bill is read in
its entirety, scrutinized, debated upon and amended when desired;
5. The bill as approved on the Second Reading is printed its final form and copies thereof are distributed at
least three (3) days before the third reading. On the Third Reading, the members merely register their votes
and explain them if they are allowed by the rules.  Here, no further debate is allowed;
6. Once the bill passes Third Reading, it is sent to the other chamber where it will also undergo the three (3)
readings. If there are differences between the versions approved by the two chambers, a conference
committee representing both Houses will draft a compromised measure  that if ratified  by the Senate  and
the House of Representatives will then be submitted  to the President for his consideration; and
7. The bill is enrolled when printed  as finally approved by the  Congress, thereafter authenticated with the
signatures of the Senate President, the Speaker and the Secretaries  of their respective chambers and
approved by the President.

When Does A Bill Become A Law?

 When the President approves the bill passed by the Congress.

 When two-thirds votes of all the members of each  House  re-passed the bill over the veto (a
constitutional right to reject a decision or proposal made by a law-making body of the President.
 If the President does not communicate his veto to any  bill to the House where it originated within
thirty days after the date of receipt hereof.

LEGAL RIGHT

 Right in civil society, defined to mean that which a man is entitled to have, or to do, or to receive
from others within the limits prescribed by law.
 In a juristic sense, it is a capacity residing in one man of controlling, with the assent (approval) and
assistance of the state, the action of others.
 By legal right is meant that right to which the state gives its sanction (approval); it is a claim which
can be enforced by legal means against the persons or the community whose duty is to respect it.
COURT OF JUSTICE
Court – body in the government to which the public administration of justice is delegated.
           - it is a place where justice is judicially (legally) administered

 Court of Law in a wide sense, is any duly constituted tribunal (court of justice) administering the laws
of the state or nation.
 Court of Equity is a court which administers justice and decides controversies in accordance with the
rules, principles, and precedents of equity.
 Competent Court – court having lawful jurisdiction (the official power to make legal decisions and
judgments.)synonym:authority

PURPOSE

 To provide the forum for place where people who have disputes may get them authoritatively settled
by an outsider who is not personally concerned in the outcome of the dispute
 To provide a place where persons accused of offenses against society as a whole may have their guilt
or innocence ascertained (find out for certain).

JURISDICTION AND VENUE

Jurisdiction

 the authority to hear and decide a legal controversy, it is the authority by which judicial officers take
cognizance (knowledge) of and decide cases.
  is the power or authority to hear and determine a cause.
  as applied to the faculty of exercising judicial power, mar refer to the authority of the court to
entertain a particular kind of action or to administer a particular kind of relief, or it may refer to the power
of the court over the parties or over the property which is the subject of litigation.

VENUE– is the place where either party to a suit may require the case to be tried, and to the convenience of
the parties, it also relates to the proper place where the power to adjudicate may be exercised.
    - it does not connote jurisdiction but the locality or place where the suit should be heard.
The difference between the jurisdiction and venue:
Jurisdiction – refers to the inherent power of the court to decide a case
Venue – relates to the particular district or city in which a court having such jurisdiction may properly hear
and determine the case.

LEGAL REMEDIES
 Remedy – is the means employed to enforce a right or redress an injury
 Ordinary Remedy – an ordinary action or suit in a court of justice, by which one party prosecutes
another for the enforcement or protection of a right, or the prevention or redress of a wrong; every other
remedy is a special proceeding.
 Extraordinary Remedy – one afforded by law other than the ordinary remedy by action.

       - An extraordinary remedy is not granted where there is an adequate remedy in the ordinary course of
law.

 Provisional Remedy -  a remedy which is provided for present need or for the immediate occasion,
that is, one adapted to meet a particular exigency (situation demanding prompt action or remedy; it is a
temporary process which secures (protects) the plaintiff in a civil action against loss or irreparable injury
while the action is pending.

SERVICE OF PROCESS

 Process – in law practice, is generally defined as the means of compelling the defendant in an action
to appear in court, it is a means whereby a court compels the appearance of a defendant before it or a
compliance with its demands.
 Service of process -  is the giving to a defendant of that notice which makes him a party to the
proceeding and makes it incumbent on him to appear and answer to the cause (suit), or run the risk of
having a valid judgment rendered against him in consequence of his default.

Process more commonly served:

 Warrant -  writing from a competent authority in pursuance of law, directing the doing of an act, and
addressed to an officer or person competent to do the act, and affording him protection from damages, if he
does it.
 Search warrant – is an order in writing, in the name of the people or the State, signed by a magistrate
(public officer), and directed to a peace officer, commanding him to search for personal property and bring it
before the magistrate.
 Summons – is the name of a writ commanding the sheriff or other authorized officer to notify a party
to appear in court to answer a complaint made against him, and in said writ specified, on a day therein
mentioned.
 Subpoena – is the process by which the attendance of a witness, it is a writ or order directed to a
person requiring his attendance at a particular time and place to testify as a witness.
 Subpoena duces tecum – is a subpoena which does not only compel the personal attendance of a
witness in court but also requires such witness to bring with him and produce to the court, books, papers,
and the like, which may be in his hands or possession and which tend to elucidate the matter in issue.
DAMAGE AND DAMAGES

 Damage – a loss, injury or harm

caused to one’s person, property, or rights by
the negligence, design (plan), accident or
ARTICLE III
wrongful act or omission of another.
Organization of the Board of Nursing   Damages – refers to a sum of money
which the law awards to a person to
Section 3. Creation and Composition of the Board. - There compensate him for his loss, injury, or harm
shall be created a Professional Regulatory Board of Nursing, cause by the negligence, design (plan),
hereinafter referred to as the Board, to be composed of a accident, or wrongful act or omission of
Chairperson and six (6) members. They shall be appointed by another.
the president of the Republic of the Philippines from among
two (2) recommendees, per vacancy, of the Professional ---In short, damage is a loss, injury or harm;
Regulation Commission, hereinafter referred to as the damages is the monetary compensation for
Commission, chosen and ranked from a list of three (3) such loss, injury or harm.
nominees, per vacancy, of the accredited professional
organization of nurses in the Philippines who possess the
qualifications prescribed in Section 4 of this Act. RA 9173 (THE NURSING ACT OF 2002)

Section 4. Qualifications of the Chairperson and Members of Ø  October 21, 2002

the Board. - The Chairperson and Members of the Board shall,
at the time of their appointment, possess the following Ø  AN ACT PROVIDING FOR A MORE
qualifications: RESPONSIVE NURSING PROFESSION,
REPEALING FOR THE PURPOSE REPUBLIC ACT
(a) Be a natural born citizen and resident of the Philippines; NO. 7164, OTHERWISE KNOWN AS "THE
PHILIPPINE NURSING ACT OF 1991" AND FOR
(b) Be a member of good standing of the accredited OTHER PURPOSES
professional organization of nurses;
Ø  Be it enacted by the Senate and the House
(c) Be a registered nurse and holder of a master's degree in of Representatives of the Philippines in
nursing, education or other allied medical profession Congress assemble
conferred by a college or university duly recognized by the
Government: Provided,  That the majority of the members of Ø  Important provisions:
the Board shall be holders of a master's degree in
nursing: Provided, further, That the Chairperson shall be a  
holder of a master's degree in nursing;

(d) Have at least ten (10) years of continuous practice of the

profession prior to appointment: Provided, however, That the
last five (5) years of which shall be in the Philippines; and

(e) Not have been convicted of any offense involving moral

turpitude; Provided, That the membership to the Board shall
represent the three (3) areas of nursing, namely: nursing
education, nursing service and community health nursing.
   

Section 5. Requirements Upon Qualification as Member of

the Board of Nursing. - Any person appointed as
Chairperson or Member of the Board shall immediately
resign from any teaching position in any school, college,
university or institution offering Bachelor of Science in
Nursing and/or review program for the local nursing board
examinations or in any office or employment in the
government or any subdivision, agency or instrumentality
thereof, including government-owned or controlled
corporations or their subsidiaries as well as these employed
in the private sector. He/she shall not have any pecuniary
interest in or administrative supervision over any institution
offering Bachelor of Science in Nursing including review
classes.

Section 6. Term of Office.. - The Chairperson and Members

of the Board shall hold office for a term of three (3) years
and until their successors shall have been appointed and
qualified: Provided, That the Chairperson and members of
the Board may be re-appointed for another term.

•       Any vacancy in the Board occurring within the term of

a Member shall be filled for the unexpired portion of the
term only. Each Member of the Board shall take the proper
oath of office prior to the performance of his/her duties.

•       The incumbent Chairperson and Members of the Board

shall continue to serve for the remainder of their term
under Republic Act No. 7164 until their replacements have
been appointed by the President and shall have been duly
qualified. 

     
Section 7. Compensation of the Board Members. - The Chairperson and Members of the Board shall
receive compensation and allowances comparable to the compensation and allowances received by
the Chairperson and members of other professional regulatory boards.

Section 8. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support
Services. - The Board shall be under the administrative supervision of the Commission. All records of
the Board, including applications for examinations, administrative and other investigative cases
conducted by the Board shall be under the custody of the Commission. The Commission shall
designate the Secretary of the Board and shall provide the secretariat and other support services to
implement the provisions of this Act.
 

Section 9. Powers and Duties of the Board. - The Board shall supervise
and regulate the practice of the nursing profession and shall have the
following powers, duties and functions:

(a) Conduct the licensure examination for nurses;

(b) Issue, suspend or revoke certificates of registration for the practice

of nursing;

(c) Monitor and enforce quality standards of nursing practice in the

Philippines and exercise the powers necessary to ensure the
maintenance of efficient, ethical and technical, moral and professional
standards in the practice of nursing taking into account the health
 needs of the nation;
 

(d) 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.
The authority to open and close colleges of nursing
and/or nursing education programs shall be vested on
the Commission on Higher Education upon the written
recommendation of the Board;
 

(e) Conduct hearings and investigations to resolve complaints against nurse practitioners for unethical and
unprofessional conduct and violations of this Act, or its rules and regulations and in connection therewith,
issue subpoena ad testificandum  and  subpoena duces tecum to secure the appearance of respondents and
witnesses and the production of documents and punish with contempt persons obstructing, impeding
and/or otherwise interfeming with the conduct of such proceedings, upon application with the court;

(f) Promulgate a Code of Ethics in coordination and consultation with the accredited professional
organization of nurses within one (1) year from the effectivity of this Act;

(g) Recognize nursing specialty organizations in coordination with the accredited professional organization;
and

(h) Prescribe, adopt issue and promulgate guidelines, regulations, measures and decisions as may be
necessary for the improvements of the nursing practice, advancement of the profession and for the proper
and full enforcement of this Act subject to the review and approval by the Commission.

 Section 10. Annual Report. - The Board shall at the close of its calendar year submit an annual report to the
President of the Philippines through the Commission giving a detailed account of its proceedings and the
accomplishments during the year and making recommendations for the adoption of measures that will
upgrade and improve the conditions affecting the practice of the nursing profession.

 Section 11. Removal or Suspension of Board Members. - The president may remove or suspend any
member of the Board after having been given the opportunity to defend himself/herself in a proper
administrative investigation, on the following grounds;

(a) Continued neglect of duty or incompetence;

(b) Commission or toleration of irregularities in the licensure examination; and

(c) Unprofessional immoral or dishonorable conduct.

ARTICLE IV

Examination and Registration 

Section 12. Licensure Examination. - All applicants for license to practice nursing shall be required to pass a
written examination, which shall be given by the Board in such places and dates as may be designated by the
Commission: Provided, That it shall be in accordance with Republic Act No. 8981, otherwise known as the
"PRC Modernization Act of 2000."

Section 13. Qualifications for Admission to the Licensure Examination. - In order to be admitted to the
examination for nurses, an applicant must, at the time of filing his/her application, establish to the
satisfaction of the Board that:

(a) He/she is a citizen of the Philippines, or 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: Provided, That the
requirements for the registration or licensing of nurses
in said 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 Bachelor's Degree in Nursing

from a college or university that complies with the
standards of nursing education duly recognized by the
proper government agency.

 
 

Section 14. Scope of Examination. - The scope of the

examination for the practice of nursing in the Philippines
shall be determined by the Board. The Board shall take into
consideration the objectives of the nursing curriculum, the
broad areas of nursing, and other related disciplines and
competencies in determining the subjects of examinations.

Section 15. Ratings. - In order to pass the examination, an

examinee must obtain a general average of at least seventy-
five percent (75%) with a rating of not below sixty percent
(60%) in any subject. An examinee who obtains an average
rating of seventy-five percent (75%) or higher but gets a
rating below sixty percent (60%) in any subject must take
the examination again but only in the subject or subjects
where he/she is rated below sixty percent (60%). In order to
pass the succeeding examination, an examinee must obtain
a rating of at least seventy-five percent (75%) in the subject
or subjects repeated.

 
 

Section 16.  Oath. - All successful candidates in the

examination shall be required to take an oath of
profession before the Board or any government
official authorized to administer oaths prior to
entering upon the nursing practice.

Section 17. Issuance of Certificate of

Registration/Professional License and Professional
Identification Card. - A certificate of
registration/professional license as a nurse shall be
issued to an applicant who passes the examination
upon payment of the prescribed fees. Every
certificate of registration/professional license shall
show the full name of the registrant, the serial
number, the signature of the Chairperson of the
Commission and of the Members of the Board, and
the official seal of the Commission.

A professional identification card, duly signed by the

Chairperson of the Commission, bearing the date of
registration, license number, and the date of
issuance and expiration thereof shall likewise be
issued to every registrant upon payment of the
required fees.

 
   
Section 18.  Fees for Examination and Registration. - Applicants for licensure and for registration shall pay
the prescribed fees set by Commission.

Section 19. Automatic Registration of Nurses. - All nurses whose names appear at the roster of nurses shall
be automatically or ipso facto registered as nurses under this Act upon its effectivity.

Section 20. Registration by Reciprocity. - A certificate of registration/professional license may be issued

without examination to nurses registered under the laws of a foreign state or country: Provided, That the
requirements for registration or licensing of nurses in said country are substantially the same as those
prescribed under this Act: Provided, further, That the laws of such state or country grant the same privileges
to registered nurses of the Philippines on the same basis as the subjects or citizens of such foreign state or
country.

Section 21. Practice Through Special/Temporary Permit. - A special/temporary permit may be issued by the
Board to the following persons subject to the approval of the Commission and upon payment of the
prescribed fees:

(a)  Licensed nurses from foreign countries/states whose service are either for a fee or free if they are
internationally well-known specialists or outstanding experts in any branch or specialty of nursing;

(b) Licensed nurses from foreign countries/states on medical mission whose services shall be free in a
particular hospital, center or clinic; and

(c)  Licensed nurses from foreign countries/states employed by schools/colleges of nursing as exchange
professors in a branch or specialty of nursing;

(d)  Provided, however, That the special/temporary permit shall be effective only for the duration of the
project, medical mission or employment contract.

Section 22.  Non-registration and Non-issuance of Certificates of Registration/Professional License or

Special/Temporary Permit. - No person convicted by final judgment of any criminal offense involving moral
turpitude or any person guilty of immoral or dishonorable conduct or any person declared by the court to be
of unsound mind shall be registered and be issued a certificate of registration/professional license or a
special/temporary permit.

The Board shall furnish the applicant a written statement setting forth the reasons for its actions, which shall
be incorporated in the records of the Board.

Section 23. Revocation and suspension of Certificate of Registration/Professional License and Cancellation

of Special/Temporary Permit. - The Board shall have the power to revoke or suspend the certificate of
registration/professional license or cancel the special/temporary permit of a nurse upon any of the following
grounds:
(a) For any of the causes mentioned in the preceding section;

(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 temporary/special permit;

(f) For violation of this Act, the rules and regulations, Code of Ethics for nurses and technical standards for
nursing practice, policies of the Board and the Commission, or the conditions and limitations for the issuance
of the temporarily/special permit; or

(g) For practicing his/her profession during his/her suspension from such practice;

Provided, however, That the suspension of the certificate of registration/professional license shall be for a
period not to exceed four (4) years.

Section 24. Re-issuance of Revoked Certificates and Replacement of Lost Certificates. - The Board may,
after the expiration of a maximum of four (4) years from the date of revocation of a certificate, for reasons
of equity and justice and when the cause for revocation has disappeared or has been cured and corrected,
upon proper application therefor and the payment of the required fees, issue another copy of the certificate
of registration/professional license.

A new certificate of registration/professional license to replace the certificate that has been lost, destroyed
or mutilated may be issued, subject to the rules of the Board.

ARTICLE V
Nursing Education

Section 25. Nursing Education Program. - The nursing education program shall provide sound general and
professional foundation for the practice of nursing.

The learning experiences shall adhere strictly to specific requirements embodied in the prescribed
curriculum as promulgated by the Commission on Higher Education's policies and standards of nursing
education.

Section 26.  Requirement for Inactive Nurses Returning to Practice. - Nurses who have not actively practiced
the profession for five (5) consecutive years are required to undergo one (1) month of didactic training and
three (3) months of practicum. The Board shall accredit hospitals to conduct the said training program.
Section 27. Qualifications of the Faculty. - A member of the faculty in a college of nursing teaching
professional courses must:

(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 master's 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.

In addition to the aforementioned qualifications, the dean of a college must have a master's degree in
nursing. He/she must have at least five (5) years of experience in nursing.

ARTICLE VI
Nursing Practice

Section 28.  Scope of Nursing. - A person shall be deemed to be practicing nursing within the meaning of this
Act when he/she singly or in collaboration with another, initiates and performs nursing services to
individuals, families and communities in any health care setting. It includes, but not limited to, nursing care
during conception, labor, delivery, infancy, childhood, toddler, preschool, school age, adolescence,
adulthood, and old age. As independent practitioners, nurses are primarily responsible for the promotion of
health and prevention of illness. A members of the health team, nurses shall collaborate with other health
care providers for the curative, preventive, and rehabilitative aspects of care, restoration of health,
alleviation of suffering, and when recovery is not possible, towards a peaceful death. It shall be the duty of
the nurse to:

(a)  Provide nursing care through the utilization of the nursing process. Nursing care includes, but not limited
to, traditional and innovative approaches, therapeutic use of self, executing health care techniques and
procedures, essential primary health care, comfort measures, health teachings, and administration of
written prescription for treatment, therapies, oral topical and parenteral medications, internal examination
during labor in the absence of antenatal bleeding and delivery. In case of suturing of perineal laceration,
special training shall be provided according to protocol established;

(b) establish linkages with community resources and coordination with the health team;

(c) Provide health education to individuals, families and communities;

(d) Teach, guide and supervise students in nursing education programs including the administration of
nursing services in varied settings such as hospitals and clinics; undertake consultation services; engage in
such activities that require the utilization of knowledge and decision-making skills of a registered nurse; and

(e) Undertake nursing and health human resource development training and research, which shall include,
but not limited to, the development of advance nursing practice;

Provided, That this section shall not apply to nursing students who perform nursing functions under the
direct supervision of a qualified faculty: Provided, further, That in the practice of nursing in all settings, the
nurse is duty-bound to observe the Code of Ethics for nurses and uphold the standards of safe nursing
practice. The nurse is required to maintain competence by continual learning through continuing
professional education to be provided by the accredited professional organization or any recognized
professional nursing organization: Provided, finally, That the program and activity for the continuing
professional education shall be submitted to and approved by the Board.

Section 29. Qualification of Nursing Service Administrators. - A person occupying supervisory or managerial

positions requiring knowledge of nursing must:

(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 Bachelors of Science in Nursing, 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;

Provided, That a person occupying the position of chief nurse or director of nursing service shall, in addition
to the foregoing qualifications, possess:

(1) At least five (5) years of experience in a supervisory or managerial position in nursing; and

(2) A master's degree major in nursing;

Provided, further, That for primary hospitals, the maximum academic qualifications and experiences for a
chief nurse shall be as specified in subsections (a), (b), and (c) of this section: Provided, furthermore, That for
chief nurses in the public health nursing shall be given priority. Provided, even further, That for chief nurses
in military hospitals, priority shall be given to those who have finished a master's degree in nursing and the
completion of the General Staff Course (GSC): Provided, finally, That those occupying such positions before
the effectivity of this Act shall be given a period of five (5) years within which to qualify.

 
 ARTICLE VII
Health Human Resources Production, Utilization and Development

 Section 30. Studies for Nursing Manpower Needs, Production, Utilization and Development. - The Board,
in coordination with the accredited professional organization and appropriate government or private
agencies shall initiate undertake and conduct studies on health human resources production, utilization and
development.

 Section 31. Comprehensive Nursing Specialty Program. - Within ninety (90) days from the effectivity of this
Act, the Board in coordination with the accredited professional organization recognized specialty
organizations and the Department of Health is hereby mandated to formulate and develop a comprehensive
nursing specialty program that would upgrade the level of skill and competence of specialty nurse clinicians
in the country, such as but not limited to the areas of critical care, oncology, renal and such other areas as
may be determined by the Board.

 The beneficiaries of this program are obliged to serve in any Philippine hospital for a period of at least two
(2) years and continuous service.

Section 32. Salary. - In order to enhance the general welfare, commitment to service and professionalism of
nurses the minimum base pay of nurses working in the public health institutions shall not be lower than
salary grade 15 prescribes under Republic Act No. 6758, otherwise known as the "Compensation and
Classification Act of 1989": Provided, That for nurses working in local government units, adjustments to their
salaries shall be in accordance with Section 10 of the said law.

 Section 33. Funding for the Comprehensive Nursing Specialty Program. -  The annual financial requirement
needed to train at least ten percent (10%) of the nursing staff of the participating government hospital shall
be chargeable against the income of the Philippine Charity Sweepstakes Office and the Philippine
Amusement and Gaming Corporation, which shall equally share in the costs and shall be released to the
Department of Health subject to accounting and auditing procedures: Provided,  That the department of
Health shall set the criteria for the availment of this program.

 Section 34. Incentives and Benefits. - The Board of Nursing, in coordination with the Department of Health
and other concerned government agencies, association of hospitals and the accredited professional
organization shall establish an incentive and benefit system in the form of free hospital care for nurses and
their dependents, scholarship grants and other non-cash benefits. The government and private hospitals are
hereby mandated to maintain the standard nurse-patient ratio set by the Department of Health.

ARTICLE VIII
Penal and Miscellaneous Provisions
  Section 35. Prohibitions in the Practice of Nursing. - A fine of not less than Fifty thousand pesos
(P50,000.00) nor more than One hundred thousand pesos (P100,000.00) or imprisonment of not less than
one (1) year nor more than six (6) years, or both, upon the discretion of the court, shall be imposed upon:

(a)  any person practicing nursing in the Philippines within the meaning of this Act:

 (1) without a certificate of registration/professional license and professional identification card or special
temporary permit or without having been declared exempt from examination in accordance with the
provision of this Act; or

(2) who uses as his/her own certificate of registration/professional license and professional identification
card or special temporary permit of another; or

(3) who uses an invalid certificate of registration/professional license, a suspended or revoked certificate of
registration/professional license, or an expired or cancelled special/temporary permits; or

(4) who gives any false evidence to the Board in order to obtain a certificate of registration/professional
license, a professional identification card or special permit; or

(5) who falsely poses or advertises as a registered and licensed nurse or uses any other means that tend to
convey the impression that he/she is a registered and licensed nurse; or

(6) who appends B.S.N./R.N. (Bachelor of Science in Nursing/Registered Nurse) or any similar appendage to
his/her name without having been conferred said degree or registration; or

(7) who, as a registered and licensed nurse, abets or assists the illegal practice of a person who is not
lawfully qualified to practice nursing.

 (b) any person or the chief executive officer of a judicial entity who undertakes in-service educational
programs or who conducts review classes for both local and foreign examination without permit/clearance
from the Board and the Commission; or

 (c)  any person or employer of nurses who violate the minimum base pay of nurses and the incentives and
benefits that should be accorded them as specified in Sections 32 and 34; or

 (d)  any person or the chief executive officer of a juridical entity violating any provision of this Act and its
rules and regulations

LEGAL RESPONSIBILITIES OF NURSES

Nursing Jurisprudence defined..

 •  As that department of law which comprises all the legal rules and principles affecting the practice of
nursing.

 •  As a science of law, it includes not only the study but also the interpretation of all these rules and
principles and their application in the regulation of the practice of nursing.

 Nursing legislation

   Legislation means “the act or process of making a law or laws”, and also “the law or laws made.”
 Therefore, nursing legislation may be defined as the making of laws, or the body of laws already
enacted, affecting the science or the art and practice of nursing.

NURSES AND CRIMINAL LIABILITY

 FELONIES

 Are acts or omissions punishable by law and they may be committed not only by means of deceit
(dolo) but also by means of fault (culpa) - revised penal code, article 3
 Deceit – when the act is performed with deliberate intent . 
 Fault – when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

CRIMINAL LIABILITY

 Incurred by any person committing a felony although the wrongful act done be different from that
which he intended.
 In other words, the author of a crime shall be held liable for all the natural consequences of his illegal
acts even if such results have not been intended by him.

CLASSIFICATION OF FELONIES

  According to the degrees of the acts of execution:

 Consummated – when all elements necessary for its execution and accomplishment are present.
 Frustrated – 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 (a person who commits an evil deed.

 •  There is an attempt to commit a felony when the offender commences the commission of the same
directly by overt (open or manifest) 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 desistance
(stopping to act by a natural feeling or impulse)

•   Consummated felonies, as well as those which are frustrated and attempted, are punishable
 According to the degree of punishment:

 Grave felonies are those to which the law attaches the capital punishment (death) or penalties which
in any of their periods are afflictive (imprinsonment ranging from 6 years and 1 day to life imprisonment, or
a fine exceeding 6,000.00 )
  Light felonies – are those infractions of law for the commission of which the penalty of arresto
menor (imprisonment ranging from 1 day to 30 days) or a fine not exceeding 200.00, or both is imposed. It is
punishable only when they have been consummated, with the exception of those committed against
persons or property.

 Conspiracy to commit a crime

 Conspiracy exists when 2 or more persons come to an agreement concerning the commission of a
felony and decide to commit it.
 Each is criminally responsible for the acts of his associates, provided such acts are the result of the
common plan or purpose.

 Classification of persons criminally liable

 Principals of a crime are those who take a direct part in the execution of the act, or those who
directly force or induce others to commit it, or those who cooperate in the commission of the offense by
another act without which the crime would not have been accomplished.
  Accomplices are those persons who, not being principals by direct participation, inducement, or
cooperation through another act essential to the consummation of the crime, cooperate in the execution of
the offense by previous or simultaneous acts.

•   In criminal law, accomplices are also known as “accessories before the act”

Ex: A nurse who advises a pregnant  woman as to where she may go to submit to criminal abortion, may be
guilty of said crime as a accomplice, that is, “accessory before the act,” although she may not be present
when the abortion is performed.

  Accessories are those who, having knowledge of the commission of the crime and without having
participated therein either as principals or accomplices, take part subsequently to its commission in any of
the following manners:

a. By profiting themselves or assisting the offenders to profit by the effects of the crime.

b. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to
prevent its discovery;

c. By harboring, concealing, or assisting in the escape of the principal of the crime

 Circumstances affecting criminal liability

 Justifying circumstances – one who acts in defense of his person or rights, does not incur any
criminal liability, provided that the following circumstances concur:

a. Unlawful aggression (hostile or violent behavior) on the part of the offended or injured party;

b.  Reasonable necessity of the means employed by the offender (person defending himself) to prevent or
repel such aggression; and

c.  Lack of sufficient provocation on the part of the offender.

d.  Anyone who acts in defense of the person or rights of his spouse or relative does not incur any criminal
liability, provided that there is unlawful aggression on the part of the offended or injured party.

e.  Anyone who acts in defense of the person or rights of a stranger does not also incur any criminal liability,
provided…and that the defender is not induced by revenge, resentment, or other evil motive.

f.  Any person who, in order to avoid an evil or injury, does an act, which causes damage to another, shall
not likewise incur any criminal liability, provided that the evil sought to be avoided actually exists; that the
injury feared be greater than that done to avoid it.

g.  Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office shall not also
incur any criminal liability where such acts result in the commission of a crime.

h.  Any person who acts in obedience to an order issued by a superior for some lawful purpose shall not
likewise incur any criminal liability.

2 Requisites are Necessary:

1. The order of the superior must be lawful. The superior giving the order must be acting within the scope of
his official authority.

2. The order must be for some lawful purpose

   Exempting Circumstances:

a.    An imbecile or an insane person, unless the latter has acted during a lucid interval.

b.    A person under 9 years of age.

c.    A person over nine years of age and under fifteen unless he has acted with discernment.
d.    Any person who, while performing a lawful act with due care, causes an injury by mere accident,
without fault or intention of causing it.

e.    Any person who acts under the compulsion of an irresistible force.

f.     Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

g.    Any person who fails to perform an act required by law, when prevented by some lawful or insuperable
cause.

---In order that an act or omission may be considered a crime, it must have been done with criminal intent or
willfulness.

  Mitigating circumstances – circumstances that lessen the criminal liability of the offender.

a.  The offender is under 18 years of age or over 70 years.

b.  The offender had no intention to commit so grave a wrong as that committed.

c.  Sufficient provocation or threat on the part of the offended party immediately preceded the act.

d.  The offender is deaf and dumb, blind or otherwise suffering from physical defect which thus restricts his
means of action, defense, or communication with his fellow beings.

e.   The offender had voluntarily surrendered himself to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.

  Aggravating circumstances – are those attending the commission of a crime which increase the
criminal liability of the offender or make his guilt more severe.

a.  The advantage be taken by the offender of his public position.

b.  The crime be committed with abuse of confidence or obvious ungratefulness

c.  The crime be committed in consideration of a price, reward, or promise.

d.  The craft, fraud, or disguise be employed.

e.  The crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or
intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving a great
waste or ruin.

f.   The act be committed with evident premeditation.

g.  The wrong done in the commission of the crime be deliberately augmented by causing other wrong not
necessary for its commission.

h.  The crime be committed in contempt of or with insult to the public authorities.

i.   The crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune.

 Alternative circumstances – are those which must be taken into consideration either as aggravating
or mitigating, depending on the nature and effects of the crime.

a.  Relationship – when the offended party is the spouse, ascendant, descendant, brother or sister or
relative by affinity in the same degrees of the offender.

b.  Intoxication – taken into consideration as a mitigating circumstance when the offended has committed a
felony in a state of intoxication, provided that the same is not habitual or subsequent to the plan to commit
said felony.

Habitual or intentional – aggravating circumstance

NURSES AND CRIMES

  Parricide – the crime committed by one who kills his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants or descendants, or his spouse;

-   Punishment: penalty of reclusion perpetua (life imprisonment) to death.

  Murder – the crime committed by a person who kills another, other than his father, mother, or child
or any of his ascendants or descendants, or his spouse.

-  Reclusion temporal in its maximum period (imprisonment from 17 years, 4 months and 1 day to 20 years)
to death if the crime is committed with any of the following circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men or means to weaken
the defense.

2.  In consideration of a price, reward, or promise.

3.  By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault
upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other
means involving great waste and ruin.

4.  With evident premeditation

 Homicide – killing of any human creature; not necessarily a crime; it may be committed without
criminal intent and without criminal consequences, as where it is done in self-defense.

-   Under the law, homicide is the crime committed by any person who kills another other than his father,
mother, or child, or any of his ascendants or descendants, or his spouse.

-  Penalty   : imprisonment for 12 years and 1 day to 20 years.

•       Infanticide – is the killing of the child less than 3 days of age.

-       Penalty : same with parricide and murder

-       If this crime be committed by the mother of the child for the purpose of concealing her dishonor, she
shall suffer the penalty of imprisonment ranging from 2 years, 4 months and 1 day to 6 years.

  ABORTION - In medical science, abortion means the termination of pregnancy before the fetus is
viabl

    - Miscarriage – expulsion of the fetus occurs during the period after the fetus has reached viability.

    -  Legal jurisprudence defines abortion as “the expulsion of the fetus at a period of uterogestation
(pregnancy within the womb) so early that is has not acquired the power of sustaining an independent life”.

   -  In the Philippines, the practice of abortion is a crime punishable with heavy penalties. Abortion is usually
understood to mean “criminal abortion” whenever it is performed deliberately or on purpose.

3 Categories of Criminal Abortion (Revised Penal Code)

1.    Intentional – liable to criminal penalty of imprisonment ranging from 12 years and 1 day to 20 years,if
he uses violence upon the pregnant woman, and 6 yrs and 1 day to 12 yrs if, using no violence, he causes the
abortion without the consent of the pregnant woman.
Or imprisonment for 2 yrs, 4 months and 1 day to 6 years, if he causes the abortion with the consent of the
pregnant woman.

2.    Unintentional – if he causes an abortion but unintentional, he is liable to a criminal penalty of

imprisonment ranging from 6 months and 1 day to 4 years and 2 months.

3.    Abortion practiced by the woman herself or by her parents – or gives her consent to another to do it,
she will be subject to the penalty of imprisonment lasting from 2 years, 4 months and 1 day to 6 years

-       A pregnant woman who performs an abortion on herself, or gives her consent to another to do it, for
the purpose of concealing her dishonor is likewise criminally liable and can suffer the penalty of
imprisonment lasting from 6 months and 1 day to 4 yrs and 4 months; if the abortion is performed by the
parents, or by either of them, with the consent of the pregnant woman, for the purpose of concealing her
dishonor, the offenders can also be criminally liable and can be penalized with imprisonment from 2 yrs, 4
months and 1 day to 6 years.

4. Abortion practiced by a physician or midwife

-       A physician or midwife who takes advantage of his or her scientific knowledge or skill and it causes an
abortion or assists in bringing about an abortion, with the use of violence upon the person of the pregnant
woman, is liable to the penalty of imprisonment from 17 yrs, 4 months and 1 day to 20 yrs.

-       If the physician or midwife causes an abortion or assists in causing an abortion without using violence
but without the consent of the pregnant woman, he or she can be punished with imprisonment from 10
years and 1 day to 12 yrs

-       If the pregnant woman consented to her abortion the physician or midwife is liable to imprisonment
ranging from 4 yrs, 2 months and 1 day to 6 yrs.

•  Child Abuse – any form of cruelty to a child’s physical, moral or mental well-being.

            - Also a term used to describe form of sexual attack which may or may not amount to rape.

- Abused and neglected children – are those who are suffering serious physical or emotional injury inflicted
on them, including malnutrition.

- In the Philippines, under the law, child abuse refers to the maltreatment, whether habitual or not, of the
child, and such maltreatment includes any of the following:
1.   Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

2.    Any act, by deeds or words, which debases, degrades or demeans the intrinsic worth  and dignity of a
child as a human being.

3.    Unreasonable deprivation of the child’s basic needs for survival, such as food and shelter; or

4.    Failure to immediately give medical treatment to an injured child, resulting in serious impairment of his
growth and development or in his permanent incapacity or death.

5.    An offender convicted by the court of child abuse is subject to imprisonment or fine under the law.

 Sexual Harassment – is meant words, gestures and actions which tend to annoy and verbally abuse
another  person. A person commits a petty misdemeanor if, with purpose to harass another, he:

1.    Makes a telephone call without purpose of legitimate communication; or

2.    Insults, taunts (mocks), or challenges another in a manner likely to provoke violent or disorderly
response; or

3.    Makes repeated communications anonymously or at extremely inconvenient hours, or in offensively

course language; or

4.    Subjects another to an offensive touching; or

5.    Engages on any other course of alarming conduct serving no legitimate purpose of the action.

Sexual harassment, as defined by law, is committed by an:

Employer                          teacher

Employee                         instructor

Manager                           professor

Supervisor                        coach

Agent of the employer        or any other person

-       Who,  having authority, influence or moral ascendancy over another in a work, training or
-       Education environment, demands, requests or otherwise requires any sexual favor from the other,
regardless of whether such demand, request, or requirement for submission is accepted.

-       Any person who violates the provisions of RA 7877, declaring an unlawful sexual harassment in the
employment, education or training environment, shall, upon conviction be penalized by imprisonment of not
less than one month nor more than 6 months or a fine of not less than 10,000.00 nor more than 20,000.00
or both such fine and imprisonment at the discretion of the court.

-       Giving assistance to suicide- he shall imprisonment from 6 years and 1 day to 12 yrs., if such person
lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of
imprisonment from 12 yrs and 1 day to 20 yrs;

-       However, if the suicide is not consummated, the penalty of imprisonment from 2 months and 1 day to 6
months shall be impose.

  Illegal detention – crime of illegal detention may arise in connection with the enforcement of
quarantine regulations or in the isolation of patients.

-       Any private individual who shall detain another, or in any other manner, deprive him of his liberty, shall
suffer the penalty of reclusion perpetua (life imprisonment) or death, if he committed the crime under the
following circumstances:

1. The detention had lasted for more than 5 days

2. The offender was simulating public authority (pretending to be a government authority when he
committed the crime;

3. Serious physical injuries had been inflicted on the detained or kidnapped victim, or threats to kill him had
been made.

4. The detained or kidnapped victim is a minor, female or a public officer.

•       The penalty of death shall be imposed on the offender even if none of the aforementioned
circumstances was present, if he detained a person for the purpose of extorting ransom from the detained
or kidnapped victim or from any other person.

•       Simulation of births – is a crime against the civil status of persons for which the law imposes the
penalty of imprisonment from 6 years and 1 day to 12 years and a fine not exceeding 1,000.00

•       The same penalties shall be imposed upon any person who shall substitute one child for another or
who shall conceal or abandon any legitimate child with intent to cause such child lose its civil status.
•       Any physician, surgeon or public officer who, in violation of the duties of his profession or office, shall
cooperate in the commission of the crime aforementioned, shall suffer the same penalties as stated above
and also the penalty of temporary special disqualification.

 Criminal negligence – is negligence of such a character, or occurring under circumstances, as to be

punishable as a crime by statute, or such a flagrant and reckless disregard of the safety of others, or willful
indifference to the injury liable to follow, as to convert an act otherwise lawful into a crime when it results in
personal injury or death.

2 Classes:

1.    Reckless imprudence or negligence

-a person is guilty of this if he does an act or fails to do an act, voluntarily but without malice, from which act
or omission a material damage results because of his inexcusable  lack of precaution, taking into
consideration his employment or occupation, degree of intelligence, physical condition, and other
circumstances regarding persons, time and place.

- Simple imprudence – if a person shows lack of precaution in those cases in which the damage about to be
caused is not immediate or in which the impending danger is not evident or manifest.

-       Any person who, by reckless imprudence shall commit an act which, had been intentional, would
constitute a grave felony can be liable to a penalty of imprisonment ranging from 4 months and 1 day to 2
years and 4 months; if the negligent act constitutes a less grave felony, the offender can be punished by
imprisonment from 1 month to 4 months.

-       Any person who by simple imprudence, shall commit an act which would constitute a grave felony can
be liable to a penalty of imprisonment ranging from 2 months and 1 day to 6 months; if the negligent act
constitutes a less serious felony, the offender can be punished by imprisonment from 1 month to 2 months.

NURSES and MISDEMEANOR

  Misdemeanor – is a term used to express every offense inferior to felony; punishable by indictment,
or by particular prescribed proceedings; misdemeanors comprehend all indictable offenses which do not
amount to felony.
 Misdemeanor – is applied to all those crimes and offenses for which the law has not provided a
particular name.
 - doing an act falling within the domain of practice of an established profession  by a person not licensed to
practice the same. Ex of these laws: Nursing law, Midwifery law, Dental law, Pharmacy law

•  Under the nursing law, for instance, any person who practices nursing in the Philippines without a
certificate of registration  as nurse issued by the board of nursing, or without having been exempted from
examination and registration, or any person assuming or using the title of, or advertising as Registered
Nurse, or appending  to her name the letters, “R.N.” or “BSN” without being conferred such title or degree,
or any person advertising any title or description tending to convey the impression that she is a nurse (ex.
Using the nurse’s uniform and cap)without holding a valid registration certificate as nurse issued by the
Board, shall be guilty of misdemeanor and shall, upon conviction, be sentenced to a fine of not less than
1,000.00 nor more than 5,000.00 or to suffer imprisonment for a period of not less than one year nor more
than 5 years, or both.

PROFESSIONAL NEGLIGENCE

Negligence – refers to the commission or omission of an act, pursuant to a duty, that a reasonably prudent
person in the same or similar circumstance would or would not do, and acting or the non-acting of which is
the proximate cause of injury to another person or his property.

Example: Failure to report observations to attending physician.

ELEMENTS

1. Existence of a duty on the part of the person charged to use due care under circumstances

2. Failure to meet 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.

3 Conditions occur to establish a defendant’s negligence without proving specific conduct

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

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

3. That the plaintiff himself did not engage in any manner that would tend  to bring about the injury.

DOCTRINE OF RES IPSA LOQUITOR “The thing speaks for itself”

Rule: When a thing which has caused an injury is shown to be under the management of the party charged
with negligence and the accident is such as in the ordinary course of things will not happen if those who
have such management use proper care, the accident itself affords reasonable evidence in the absence of
explanation by the parties charge, that is rose from the want of proper care.

 MALPRACTICE - Implies the idea of improper or unskillful care of a patient by a nurse. Also denotes
stepping beyond one’s authority with serious consequences.

 DOCTRINE OF FORCE MAJEURE - Means an irresistible force, one that is unforeseen or inevitable.

Rule: When a debtor is unable to comply with his obligation because of force majeure, he cannot be liable
for such performance. In the absence of stipulations to the contrary, impossibility of performance, without
the negligence of the parties, prevents the enforcement of bond or contract.

Circumstances such as floods, fire earthquakes and accidents falls under this doctrine and nurses who fail to
render circumstances are not held negligent.

  DOCTRINE OF RESPONDENT SUPERIOR

-Let the master answer for the acts of the subordinate.

Ex. If the hospital will decide to hire under board nurses or midwives in place of professional nurse in an
effort to cut down on expenses and these persons prove to be incompetent then the hospital will be held
liable.

 INCOMPETENCE – lack of ability, legal qualifications of fitness to discharge the required duty.

CONSIDER THIS!
 It is of importance for a nurse that she knows the legal responsibilities attached to the various phases
of her professional practice so that she may be properly guided in the discharge of her functions.
 A nurse who knows her legal responsibilities will find it easier to avoid incurring criminal liability.

NURSES AND WILLS

Terminologies:

Succession  - a mode of acquisition by virtue of which the property, rights, and obligations to the extent of
the value of the inheritance, of a person are transmitted through his death to another or others by his will or
by operation of law.

Decedent  – the general term applied to the person whose property is transmitted through succession,
whether or not he left a will; if he left a will, he is also called testator.

WILL defined..

  Is an act whereby a person is permitted, with the formalities prescribed by law, to control to a
certain degree the disposition of his estate, to take effect after his death.
 Estate – the interest which a person has in lands, or in any other subject of property.
 When the will includes personal property, the proper heading of the will should be “Last Will and
Testament.”

Nature of the act…

 The making of a will is a strictly personal act, it cannot be left in whole or in part to the discretion of a
third person, or accomplished through the instrumentality of an agent or attorney.
 This means that no one can lawfully substitute his intention and will for those of the testator in the
preparation of the latter’s will. However, the mere mechanical work of writing the testator’s will may be
done by a third person.

Testamentary capacity

•  The capacity to comprehend the nature of the transaction in which the testator is engaged at the time, to
recollect the property to be disposed of and the persons who would naturally be supposed to have claims
upon the testator, and to comprehend the manner in which the instrument will distribute his property
among the objects of his bounty.
 

Capacity to make a will..

•  Physical ailments and debility due to old age does not preclude the possession of mental capacity to make
a will.

•  To have testamentary capacity does not necessarily mean that the testator should be in full possession of
all his reasoning faculties; the presumption is that every adult is sane.

•  The mere fact that the testator is blind does not render him incompetent to make a will; no presumption
of incapacity arises from blindness alone.

Who may make a will

•  All persons who are not expressly prohibited by law may make a will.

•  A married woman may make a will without the consent of her husband, and without the authority of the
court

•  She may dispose of by will all her separate property as well as her share of the conjugal partnership or
absolute community property.

• In order to make a will, it is essential that the testator be of sound mind at the time of its execution.

• The mental capacity of the testator is determined as of the date of the execution of his will

• To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties,
or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause; it shall be
sufficient if the testator was able at the time of making the will to know the nature of the estate to be
disposed of, the proper objects of his bounty, and the character of the testamentary act.

Persons disqualified to make a will:

• Persons of either sex under 18 years of age

Forms of wills

• Written form – every will must be in writing executed in a language or dialect known to the testator.
• Authentication of wills – except when it is a holographic will, every will must be subscribed (signed) at the
end thereof by the testator himself or by the testator’s name written by some other person in his presence,
and by his express direction, and attested and subscribed by 3 or more credible witnesses in the presence of
the testator and of one another. A will signed by 2 witnesses only cannot, under any circumstance, be valid
under the law.

• The testator or the person  requested by him to write his name and the instrumental witnesses of the will,
shall also sign, as aforesaid, each and every page thereof, except the last page, on the left margin, and all the
pages shall be numbered correlatively in letters placed on the upper part of each page.

Attestation clause:

•  That clause wherein the witnesses certify  that the instrument has been executed before them, and the
manner of the execution of the same.

•   It is not signed by the testator but by the witnesses, for it is a declaration made by the witnesses and not
by the testator, and the law is clear that it is the attestation clause that must contain a statement, among
others, that the testator signed the will in the presence of the witnesses, without that statement, the
attestation  clause is fatally defective.

•  The attestation clause shall state the number of pages used upon which the will is written.

•  If the attestation clause is in language not known  to the witnesses, it shall be interpreted to them.

Acknowledgement of will..

•   Every will must be acknowledged before a notary public by the testator and the witnesses.

•   If the testator is deaf or a deaf-mute, he must personally read the will, if able to do so; otherwise, he shall
designate 2 persons to read it and communicate to him.

•   If the testator is blind, the will shall be read to him twice, once by one of the subscribing witnesses, and
again by the notary public before whom the will is acknowledged.

Holographic will
•  A will is entirely written, dated, and signed by the hand of the testator himself, a holographic will is
subject to no other form and need not be witnessed.

•  The dispositions of the testator written below his signature must be dated and signed by him in order to
make them valid as testamentary dispositions.

 Joint and mutual will

• Two or more persons cannot make a will jointly, or in the same instrument, either for their  reciprocal
benefit or for the benefit of a third person (it is expressly prohibited by the civil code under article 818)

 Witnesses to wills

•  Any person of sound mind and of the age of 18 years or more, and not blind, deaf or dumb, and able to
read and write.

•   Any person not domiciled in the Philippines and those who have been convicted of falsification of a
document, perjury, or false testimony, are disqualified from being witnesses to a will.

Allowance and Disallowance of Wills

•   When at the hearing conducted by the court for proving the will, no person appears to contest the
allowance of the will, the court may grant allowance thereof on the testimony of one of the subscribing
witnesses only, if such witness would testify that the will was executed as is required by law. If the will is
contested (opposed), all the subscribing witnesses shall be required to appear in court and testify that the
will was executed and attested in the manner required by law.

•   A will shall be disallowed in any of the following cases:

1.  If the will was not executed and attested in accordance with the formalities required by law.

2.  If the testator, at the time he executed the will, was insane otherwise mentally incapable of making a will

3.  If the testator executed the will through force or under the influence of fear, or threats;

4.    If the will was procured through improper pressure and influence by the beneficiary,or by some other
person for the benefit of the beneficiary

5.    If the signature of the testator was procured by fraud or trick; and

6.   If the testator acted by mistake or did not intend at the time he affixed his signature to the will, that the
instrument he signed should be his will.
 

LEGAL PROTECTIONS IN THE NURSING SERVICE

CONSENT

- Defined as “free and rational act that presupposes knowledge of the thing which consent is being given by
a person who is legally capable to give consent.

Informed Consent:

- It is established principle of law that every human being of adult years and sound mind has the right to
determine what shall be done with his own body.

Essential Elements:

1.    Diagnosis and explanation of his condition.

2.    A fair explanation of the procedures to be done and used and the consequences.

3.    A description of alternative treatment or procedures.

4.    A description of benefits to be expected.

5.    Material rights if any.

6.    The prognosis, if the recommended care, procedure is refused.

Proof of Consent:

-  A written consent should be signed to show that the procedure is the one consented to and that the
person understands the nature of procedure.

-   A signed special consent is necessary before any medical or surgical treatment is done such as X-rays etc.

Who must consent:

-  Normally the patient himself, is the one who gives the consent.

-   If he is incompetent (minors of mentally ill) or physically unable, consent must be taken from another who
is authorized to give it in his behalf.

 Consent of Minors:

-  Parents or someone standing in their behalf.

-  If emancipated minor, consent is signed by them.

 Consent of mentally ill:

- They cannot legally give consent. Parents or guardians.

 Emergency Situation:

- No consent is necessary because inaction at such time may cause greater injury.

Refusal to Consent:

- Patients other than those who are incompetent to give consent can refuse consent.

- If refuses to sign, this should be noted in the chart.

 Consent for sterilization (BTL)

-  In the termination of the ability to produce offspring.

-  The husband and wife must consent to the procedure if the operation is primarily to accomplish
sterilization.

- If its medically necessary or an incidental result, the patient alone is sufficient.

Medical Records

- As a record of illness and treatment, it saves duplication in future cases and aids in prompt treatment.

- It serves as a legal protection for the hospital, doctor, and nurse by reflecting the disease or condition of
patients and its management.

“ If it was not charted, it was not observed or done”

- Nurses have the responsibility of keeping the patient’s right to confidentialty.

- Permission has to be taken from the Medical Records Division of the hospital.